Garback et al v. Smith & Nephew, Inc.

Filing 7

ORDER: 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 the 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 4/10/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JEROME
GARBACK
GARBACK,

and

TERESA

Plaintiffs,
v.

Case No. 8:18-cv-819-T-33AEP

SMITH & NEPHEW, INC.,
Defendant.
_______________________________/
ORDER STAYING CASE
This matter comes before the Court sua sponte.
notes

that

this

case

may

be

subject

to

The Court

transfer

for

multidistrict litigation in the United States District Court for
the District of Maryland: MDL 2775 (In re Smith & Nephew
Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability
Litigation).
In the interest of judicial economy, this Court stays this
matter until such time as the Panel has dispositively ruled as
to whether this case will be transferred to the consolidated
multidistrict litigation.

In so staying this case, this Court

is mindful of its broad 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.

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 the
consolidated multidistrict litigation.

2.

The parties shall immediately inform the Court when the
Panel has made its final ruling.
DONE and ORDERED in Chambers in Tampa, Florida, this 10th

day of April, 2018.

2