Theiss et al v. I-Flow, Inc. et al
ORDER denying as moot 89 Defendants' Emergency Motion for Relief from Emergency Motion to Consolidate all "Pain Pump" Cases for Rule 702 and Daubert Proceedings, by Judge Philip A. Brimmer on 11/9/09.(gmssl, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-02606-PAB-KMT VINTON THEISS, Plaintiff, v. I-FLOW , INC., a Delaware corporation, ABBOTT LABORATORIES, an Illinois corporation, ABBOTT LABORATORIES d/b/a AP PHARMACEUTICALS, INC., an Illinois corporation, ABBOTT LABORATORIES d/b/a ABBOTT SALES, MARKET & DISTRIBUTION COMPANY, a Delaware corporation, HOSPIRA, INC., a Delaware corporation, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter comes before the Court on the Emergency Motion for Relief from Emergency Motion to Consolidate All "Pain Pump" Cases for Rule 702 and Daubert Proceedings Filed in Hansen v. DJO, Inc. filed by defendants Abbott Laboratories, Abbott Laboratories, Inc., and Hospira, Inc. ("Defs.' Mot.") [Docket No. 89]. As indicated by the title of the motion, these defendants' motion refers to a motion filed in another case. See Hansen v. DJO, Inc., et al., No. 08-cv-00365-MSK-CBS, Docket No. 148. Defendants' rationale is that "[b]ecause Abbott and Hospira are not parties to Hansen, their sole method of objecting to consolidation of these cases is via a petition for emergency relief to this Court." Def.'s Mot. at 2. However, the defendants in Hansen have attached this motion to a supplemental brief in that case and these
defendants' position has therefore been made known to Judge Krieger. See Hansen, No. 08-cv-00365, ex. 1 to Docket No. 167. Therefore, it is ORDERED that defendants' motion [Docket No. 89] is denied as moot.
DATED November 9, 2009. BY THE COURT:
s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge
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