ANDERSON v. GLAXOSMITHKLINE LLC et al

Filing 7

ORDER STAYING ALL PROCEEDINGS PENDING MDL TRANSFER: 4 Motion to Stay is GRANTED. All proceedings temporarily stayed, pending MDL's final decision whether to transfer this action to MDL No. 1871. Parties shall file a status report as soon as the transfer has occurred. If MDL denies transfer, Defendant shall notify the court. Stay will remain in effect until 30 days following the date of MDL's order, at which time Defendant shall submit a response to Plaintiff's complaint. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/9/2011. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
HUDSON ANDERSON
Plaintiff,
vs.

CASE NO.: 1:11-CV-164-SPM/GRJ

GLAXOSMITHKLINE LLC, et al.,
Defendants.
___________________________/
ORDER STAYING ALL PROCEEDINGS
PENDING MDL TRANSFER
THIS CAUSE comes before the Court upon the Defendant
Glaxosmithkline, LLC’s (“GSK”) Unopposed Motion to Stay Proceedings and
Extend Time to Respond to the Complaint (doc. 4) pending transfer of this case.
This is a suit to recover damages for personal injuries allegedly arising out of
GSK’s prescription medication Avandia®. Defendant GSK requests that this
Court stay all proceedings pending transfer of this case by the Judicial Panel on
Multidistrict Litigation (“JPML”) to In re Avandia® Marketing, Sales Practices &
Products Liability Litigation, MDL No. 1871, which is a consolidation of actions
concerning claims for relief by Avandia® users arising out of the same types of
allegations as Plaintiff makes in this case. JPML has already indicated that
related actions will be treated as potential tag-along actions.

This Court finds that the parties would suffer no prejudice by staying this
case, and the interests of judicial economy are best served by granting a stay
pending a decision from JPML about whether to transfer this case. Accordingly,
it is
ORDERED AND ADJUDGED as follows:
1.

Defendant’s motion to stay (doc. 4) is hereby granted.

2.

All proceedings in this case are temporarily stayed, pending
JPML’s final decision on whether to transfer this action to MDL No.
1871.

3.

Parties shall file a status report as soon as the transfer has
occurred apprising the Court of the pendency of the transfer.

4.

If JPML denies the transfer, GSK shall immediately notify this court.
The stay will remain in effect until thirty (30) days following the date
of JPML’s order, at which time GSK shall submit a response to
Plaintiff’s complaint.

DONE AND ORDERED this 9th day of September, 2011.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

s/StephanP.Mickl

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