Bigley v. Sgarlato Med, LLC et al

Filing 92

ORDER granting 91 Defendant I-Flow Corporation's Unopposed Motion to Lift Stay. The stay of proceedings in this case is lifted. Magistrate Judge Kristen L. Mix shall schedule a status conference with the parties to address scheduling and other matters, by Judge Walker D. Miller on 05/03/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Civil Action No. 09-cv-02262-WDM-KLM STEVE BIGLEY, Plaintiff, v. SGARLATO LABORATIES, INC., a California Corporation, et al., Defendants. ORDER ON MOTION TO LIFT STAY Miller, J. This case is before me on the Unopposed Motion to Lift Stay (Docket No. 91) filed by Defendant I-Flow Corporation ("I-Flow"). This is a product defect case arising from injuries allegedly suffered by Plaintiff as a result of use of a pain pump implant. On November 30, 2009, Plaintiffs in three similar cases filed a Renewed Motion for Transfer and Consolidation by the Judicial Panel on Multidistrict Litigation. Pending a decision by the Panel these proceedings were stayed (Docket No. 86). The Panel has issued a decision and denied the request for centralization and pre-trial coordination of these cases. Therefore, there is no need to continue the stay and this case should proceed. Accordingly, it is ordered: 1. Defendant I-Flow Corporation's Unopposed Motion to Lift Stay (Docket No. 91) is granted. The stay of proceedings in this case is lifted. 2. Magistrate Judge Kristen L. Mix shall schedule a status conference with the

parties to address scheduling and other matters. DATED at Denver, Colorado, on May 3, 2010. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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