Phillips v. Wyeth Inc, et al

Filing 90

ORDER denying 89 Motion to Maintain Stay. The case is REOPENED and the parties are relieved of their obligation to complete a Proposed Joint Plan of Work. IT IS FURTHER ORDERED that defendant is to file its dispositive motion by September 1, 2011. Signed by Judge Tucker L Melancon on 07/26/11. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
Phillips

Civil Action 10-0882

versus

Judge Tucker L. Melançon

Wyeth Inc., et al

Magistrate Judge C. Michael Hill
ORDER

Before the Court is the parties’ Joint Motion To Maintain Stay [Rec. Docs. 89]
requesting that the Court maintain the administrative termination of this case until the
Supreme Court of the United States issues a mandate on a motion for rehearing filed by
plaintiffs in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (June 23, 2011). On January 28,
2011, the Court administratively terminated this action as well as several other related
actions based on the United States Supreme Court’s pending decisions in Demahy v.
Actavis, Inc., 593 F.3d 428 (5th Cir. 2010), certiorary granted No. 09-1501 and Mensing
v. Wyeth, Inc., 588 F.3d 603 (8 th Cir. 2009), certiorari granted No. 09-993 and 09-1039,
being rendered. The Court advised the parties to file a motion to reopen the action within
30 days of the Court’s decisions and to submit a Joint Plan of Work. R. 82. Following
the Supreme Court’s decision, on July 25, 2011, the Court granted a Joint Motion to
Reopen Case and to Postpone the Proposed Plan of Work and Set a Date for the Filing
of Dispositive Motions Based on PLIVA filed by the parties in the Court’s related case,
Stevens v. Ranbaxy Pharmaceuticals, Inc., et al, 10-cv-0886. The Court has a number
of cases which are related to this action and in order to maintain continuity within the
related cases, it is
ORDERED that the motion is DENIED; the case is REOPENED and the parties
are relieved of their obligation to complete a Proposed Joint Plan of Work.

IT IS FURTHER ORDERED that defendant is to file its dispositive motion
based on PLIVA, Inc. v. Mensing, — U.S. —, 131 S. Ct. 2567 (June 23, 2011) by
September 1, 2011.
THUS DONE AND SIGNED in Lafayette, Louisiana, on this 26 th day of July,
2011.