Kapur et al v. Knauf Insulation GmbH et al

Filing 8

ORDER: The Unopposed Motion for Stay of Proceedings and Suspension of Deadlines Pending Transfer by the Judicial Panel on Multidistrict Litigation by Specially Appearing Defendant Knauf Insulation, Inc. (Doc. # 7 ) is GRANTED. The Clerk is dir ected 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 Case Management Hearing scheduled for June 26, 2018, is cancelled. The parties are not required to file a Case Management Report. The parties shall immediately inform the Court when the Panel has made its final ruling.Signed by Judge Virginia M. Hernandez Covington on 6/7/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DEEPAK KUMAR KAPUR, ET AL.,
Plaintiffs,
v.

Case No. 8:18-cv-1330-T-33TGW

KNAUF INSULATION GMBH, ET AL.,
Defendants.
________________________________/
ORDER
This matter is before the Court pursuant to the Unopposed
Motion for Stay of Proceedings and Suspension of Deadlines
Pending

Transfer

by

the

Judicial

Panel

on

Multidistrict

Litigation by Specially Appearing Defendant Knauf Insulation,
Inc. (Doc. # 7), which was filed on June 7, 2018. Defendant
seeks an order staying this case until such time as the
Judicial Panel on Multidistrict Litigation has determined
whether this case will be transferred to the consolidated
multidistrict litigation in the Eastern District of Louisiana,
In

re

Chinese-Manufactured

Drywall

Products

Liability

Litigation (MDL No. 2047).
“The power to stay proceedings is incidental to the power
inherent in every court to control the disposition of the
causes on its docket with economy of time and effort for
itself, for counsel, and for litigants.” Landis v. N. Am. Co.,
299

U.S.

248,

254

(1936).

This

Court

agrees

that

the

requested stay is appropriate, and in the interest of judicial
economy, this Court stays and administratively closes this
matter, including all case deadlines and hearings, pending the
decision of the Judicial Panel on 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 and administratively
closing

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 requested stay is
reasonable under the circumstances presented.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

The

Unopposed

Motion

for

Stay

of

Proceedings

and

Suspension of Deadlines Pending Transfer by the Judicial
Panel on Multidistrict Litigation by Specially Appearing
Defendant Knauf Insulation, Inc. (Doc. # 7) is GRANTED.

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(2)

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.

(3)

The Case Management Hearing scheduled for June 26, 2018,
is cancelled.

The parties are not required to file a

Case Management Report.
(4)

The parties shall immediately inform the Court when the
Panel has made its final ruling.
DONE and ORDERED in Chambers in Tampa, Florida, this 7th

day of June, 2018.

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