Borkowski et al v. Bayer Corporation et al

Filing 10

ORDER granting 7 Motion to Stay pending transfer of case to MDL-1928. Ddl for dfts to file responsive pldg to cmp is extended until 30 days after date on which docket for case is opened in the District Court for the Southern District of Florida. Signed by Magistrate Judge David Keesler on 3/3/2009. (cbb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:09-CV-11-RLV-DCK

EMILY T. BORKOWSKI and husband WILLIAM BORKOWSKI,

) ) ) Plaintiffs, ) ) v. ) ) BAYER CORPORATION; BAYER ) HEALTHCARE PHARMACEUTICALS ) INC., as successor to BAYER ) PHARMACEUTICALS CORPORATION; ) BAYER HEALTHCARE LLC; and BAYER ) HEALTHCARE AG, ) ) Defendants. ) ________________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on Defendant's "Consent Motion To Stay Proceedings Pending Transfer To Multidistrict Litigation And To Extend Time To File Responsive Pleading" (Document No. 7) filed February 25, 2009. This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b) and immediate review is appropriate. Having carefully considered the motion and noting consent of Plaintiff's counsel, the undersigned will grant the motion. IT IS, THEREFORE, ORDERED that Defendant's "Consent Motion To Stay Proceedings Pending Transfer To Multidistrict Litigation And To Extend Time To File Responsive Pleading" (Document No. 7) is GRANTED. IT IS FURTHER ORDERED that all proceedings in the above-captioned case are STAYED pending transfer of this case to MDL-1928 and that the deadline for Defendants Bayer

Corporation, Bayer HealthCare Pharmaceuticals Inc., and Bayer HealthCare LLC to file a responsive pleading to the Complaint is EXTENDED until thirty (30) days after the date on which a docket for the above-captioned case is opened in the District Court for the Southern District of Florida.

Signed: March 3, 2009

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