Salemy v. Biomet, Inc. et al

Filing 17

Judge Indira Talwani: ORDER entered denying 15 Motion to Stay (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CHERYL SALEMY,

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Plaintiff,
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v.
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BIOMET, INC. and SEACOAST BIOMET, *
INC.
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Defendants.
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Civil Action No. 15-cv-11502-IT

ORDER DENYING MOTION TO STAY
May 15, 2015
TALWANI, D.J.
On April 27, 2015, Defendants filed a Motion to Stay Proceedings Pending Transfer to
MDL 2391 – In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation [#15].
Defendants’ motion informed the court that the Judicial Panel on Multidistrict Litigation has
issued a conditional transfer order of the case into MDL 2391. Id. ¶ 6. Accordingly, Defendants
assert that a stay is warranted to avoid duplicative litigation and support judicial efficiency. See
Defs.’ Mem. Law Supp. Their Mot. Stay Pending Transfer Multidistrict Proceedings, 6-11 [#12].
This court has been advised by the Chair of the Judicial Panel on Multidistrict Litigation
that Plaintiff opposes the conditional transfer order, that the matter will be considered by the
Panel, and that the conditional transfer order is not effective until the Panel so orders.
Accordingly, the court continues to have jurisdiction over the instant case and finds no reason for
a stay. Defendants Motion to Stay Proceedings Pending Transfer to MDL 2391 – In Re: Biomet
M2A Magnum Hip Implant Products Liability Litigation [#15] is DENIED.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge