Belinda v. Bristol-Myers Squib Company et al

Filing 15

ORDER STAYING CASE PENDING DECISION BY JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION. Signed by Judge Yvonne Gonzalez Rogers on 1/22/2013. (fs, COURT STAFF) (Filed on 1/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN BELINDA, et al.,
Plaintiffs,

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vs.

Case No.: 12-CV-5941 YGR
ORDER STAYING LITIGATION PENDING
DECISION BY JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

BRISTOL-MYERS SQUIBB COMPANY,
MCKESSON CORPORATION, et al.,
Defendants.

United States District Court
Northern District of California

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In its opposition to the pending Motion for Remand filed by Plaintiffs on December 19,
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2012, Defendant Bristol-Myers Squibb Company (“BMS”) argues that the hearing and decision on
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the motion should be stayed until BMS’s pending motion for coordination before the Judicial Panel
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on Multi-District Litigation (“JPML”) is heard and decided. (Dkt. No. 12 at 4-5.) BMS represents
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that the motion is currently set for hearing on January 31, 2013. In their reply, Plaintiffs do not
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address the request for stay. (Dkt. No. 13.)
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The Court finds that a stay is warranted. There is a reasonable likelihood that the issues
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concerning federal jurisdiction have arisen or will arise in other Plavix-related cases filed in other
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district courts. Considerations of judicial economy and avoidance of inconsistent rulings both favor
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staying the litigation until the coordination motion is decided. Moreover, Plaintiffs are not likely to
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be prejudiced by any delay resulting from a brief stay.
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Accordingly, the Court hereby STAYS the litigation in the above-referenced action pending
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a decision by the MDL Judicial Panel on the motion to transfer and consolidate.
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IT IS SO ORDERED.
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Date: January 22, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE