Roberts v. Johnson & Johnson et al
MEMORANDUM AND ORDER STAYING CASE, Granting 8 Joint MOTION to Stay filed by Johnson & Johnson, Johnson & Johnson Pharmaceutical Research & Development, LLC, Ortho-McNeil Pharmaceutical, Inc. Futher, the Court Orders the parties to submit a joint status report in September of this year and every six months thereafter. Signed by Judge J. Phil Gilbert on 6/22/11. (bkl)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
Case No. 11-cv-502-JPG-SCW
JOHNSON & JOHNSON, ORTHOMCNEIL PHARMACEUTICAL, INC.,
and JOHNSON & JOHNSON
PHARMACEUTICAL RESEARCH &
MEMORANDUM AND ORDER
This matter comes before the Court on the parties’ joint Motion to Stay (Doc. 8).
Specifically, the parties ask the Court to stay this matter in light of its impending transfer to
MDL No. 1943, In re Levaquin Products Liability Litigation.
When deciding whether to stay a case due to an ongoing, related MDL, district courts
should consider both judicial economy and any prejudice or hardship that the parties would face
as the result of a stay. Walker v. Merck & Co., Inc., No. 05-cv-360-DRH, 2005 WL 1565839, at
*2 (S.D. Ill. June 22, 2005); Bd. of Trs. of Teachers’ Ret. Sys. of State of Ill. v. Worldcom, Inc.,
244 F. Supp. 2d 900, 905 (N.D. Ill. 2002). Here, the Court finds that it is in the interest of
judicial economy to stay this matter. A stay will avoid inconsistent legal rulings and allow this
case to proceed in an orderly, coordinated fashion. Moreover, because the parties agree to the
terms of the instant motion, the Court can safely assume that the parties will not suffer prejudice
or hardship if a stay is granted.
For the foregoing reasons, the Court GRANTS the parties’ Motion to Stay (Doc. 8),
whereby the Court STAYS this matter pending its transfer to MDL No. 1943, In re Levaquin
Products Liability Litigation. Further, the Court ORDERS the parties to submit a joint status
report in September of this year and every six months thereafter.
IT IS SO ORDERED.
DATED: June 22, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
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