Stephens et al v. McKesson et al

Filing 29

ORDER by Judge Saundra Brown Armstrong Staying Action. (ndr, COURT STAFF) (Filed on 12/10/2013)

1
2

UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

OAKLAND DIVISION

5
6 JAMES STEPHENS, et al.,

Plaintiffs,

7
8

Case No: C 13-4406 SBA
ORDER STAYING ACTION

vs.

9 MCKESSON CORPORATION; ELI LILLY

AND COMPANY, et al.,
10

Defendants.
11
12
13

The parties are presently before the Court on Defendant Eli Lilly and Company’s

14

Motion To Stay All Proceedings Pending Resolution Of Ninth Circuit Proceedings and/or

15

Transfer By The Judicial Panel On Multidistrict Litigation. Dkt. 25. Plaintiffs filed a

16

statement of non-opposition to the motion. Dkt. 27. Good cause appearing,

17

IT IS HEREBY ORDERED THAT Defendant’s motion to stay is GRANTED. The

18

instant action is stayed and administratively closed pending the Ninth Circuit’s decision on

19

whether or not to grant en banc review in Romo v. Teva Pharmaceuticals USA, Inc., 731

20

F.3d 918, 921 (9th Cir. 2013) and Corber v. Xanodyne Pharmaceuticals, No. 13-56306 (9th

21

Cir. Sept. 24, 2013). In the event en banc review is denied, any party may request to

22

reopen the action within thirty (30) days of such decision. If en banc review is granted, any

23

party may move to reopen the action within thirty (30) days of the Ninth Circuit’s en banc

24

decision. All pending matters shall be terminated.

25
26
27
28

IT IS SO ORDERED.
Dated: 12/10/13

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge