Owens v. American Honda Motor Company, Inc. et al

Filing 72

ORDER: Defendant Elliott Turbomachinery Company, Inc.'s Motion for Stay of Proceedings #62 is GRANTED. The Clerk is directed to STAY AND ADMINISTRATIVELY CLOSE this case until such time as the Judicial Panel on Multidistrict Litigation has dispositively ruled as to whether this case will be transferred to the consolidated multidistrict litigation in the United States District Court for the Eastern District of Pennsylvania. The parties shall immediately inform the Court when the Panel has made its final ruling. Signed by Judge Virginia M. Hernandez Covington on 11/8/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION BARBARA OWENS, Individually and as Personal Representative of the Estate of Russell Owens, Plaintiff, Case No: 8:10-cv-2430-T-33TGW vs. AMERICAN HONDA MOTOR COMPANY, ET AL., Defendants. _______________________________/ ORDER This cause comes before the Court pursuant to Defendant Elliott Turbomachinery Company, Inc.'s Motion for Stay of Proceedings (Doc. # 62), filed on November 5, 2010. Since

the Judicial Panel for Multidistrict Litigation formed an MDL Court (MDL 875) for asbestos cases, the Judicial Panel has transferred such cases to the United States District Court for the Eastern District of Pennsylvania for

consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Elliott Turbomachinery Company anticipates that the

case will be listed in a Conditional Transfer Order issued by the Judicial Panel in the immediate future and believes that transfer is imminent. For the purposes of judicial economy and to avoid the unfair prejudice that would result

from being forced to duplicate discovery and legal briefing in jurisdictions around the country, a stay of this action pending its transfer is warranted. Accordingly, it is now ORDERED, ADJUDGED and DECREED: (1) Defendant Elliott Turbomachinery Company, Inc.'s Motion for Stay of Proceedings (Doc. # 62) is GRANTED. (2) The Clerk is directed to STAY AND ADMINISTRATIVELY

CLOSE this case until such time as the Judicial Panel on Multidistrict Litigation has dispositively ruled as to whether this case will be transferred in the to the

consolidated States

multidistrict Court for

litigation the

United of

District

Eastern

District

Pennsylvania. (3) The parties shall immediately inform the Court when the Panel has made its final ruling. DONE and ORDERED in Chambers in Tampa, Florida, this 8th Day of November 2010.

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