Hamblen et al v. Davol, Inc. et al

Filing 67

ORDER: Defendants Davol, Inc. and C.R. Bard, Inc.'s Motion to Stay All Proceedings (Doc. # 64 ) is GRANTED. The Clerk is directed to STAY AND ADMINISTRATIVELY CLOSE this case until such time as the Panel has dispositively ruled as to whether this case will be transferred to consolidated multidistrict litigation. The parties shall immediately inform the Court when the Panel has made its final ruling. Signed by Judge Virginia M. Hernandez Covington on 5/1/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BARBARA
HAMBLEN,

HAMBLEN

and

HERBERT

Plaintiffs
v.

Case No. 8:17-cv-1613-T-33TGW

DAVOL, INC. and C.R. Bard, Inc.,
Defendants.
________________________________/
ORDER
This matter is before the Court pursuant to Defendants
Davol,

Inc.

and

C.R.

Bard,

Inc.’s

Motion

to

Stay

All

Proceedings (Doc. # 64), which was filed on April 24, 2018.
The request for a stay is predicated upon proceedings before
the United States Judicial Panel on Multidistrict Litigation.
In the 3.01(g), M.D. Fla. Certificate of Conferral, Defendants
indicated that Plaintiffs oppose the relief requested.

On

April 30, 2018, Defendants filed a Notice of Supplemental
Authority (Doc. # 65) referring to recently stayed cases
involving Bard’s hernia products.
Thereafter, Plaintiffs filed their “Consent to Defendants
Davol,

Inc.

and

C.R.

Bard,

Proceedings.” (Doc. # 66).

Inc.’s

Motion

to

Stay

All

Specifically, Plaintiffs state:

“Upon further review of the facts and claims relating to this
case and the highly probable inclusion of the Bard® Composix®

Kugel® Hernia Patch in the newly requested MDL, Plaintiffs
AGREE with the GRANTING of a Motion to Stay All Proceedings.”
(Id. at 3).

In the interest of judicial economy, this Court

stays

matter

this

dispositively

ruled

until
as

such
to

time

whether

as
this

the

Panel

case

has

will

be

transferred to consolidated multidistrict litigation.
A stay pending a consolidation and transfer decision by
the JPML serves the primary purposes of the multidistrict
litigation

device,

which

is

to

“eliminate

duplicative

discovery; prevent inconsistent pretrial rulings . . . and
conserve the resources of the parties, their counsel, and the
judiciary.” In re Cal. Retail Nat. Gas & Elec. Antitrust
Litig., 150 F. Supp. 2d 1383, 1384 (J.P.M.L. 2001).

In so

staying

broad

this

case,

this

Court

is

mindful

of

its

discretion over the manner in which it manages the cases
before it, Chrysler Int’l Corp. v. Chemaly, 280 F.3d 1358,
1360 (11th Cir. 2002), and finds that the stay is reasonable.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
1.

Defendants Davol, Inc. and C.R. Bard, Inc.’s Motion to
Stay All Proceedings (Doc. # 64) is GRANTED.

2.

The Clerk is directed to STAY AND ADMINISTRATIVELY CLOSE
this case until such time as the Panel has dispositively
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ruled as to whether this case will be transferred to
consolidated multidistrict litigation.
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 1st

day of May, 2018.

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