Coker et al v. Merck & Company, Inc et al

Filing 16

ORDER denying 6 Motion to Stay; response to Motion to Remand due August 6, 2007. Signed by Judge W. Allen Pepper, Jr. on 7/23/2007. (pbs, USDC)

Coker et al v. Merck & Company, Inc et al

Doc. 16

Case 4:07-cv-00100-WAP-EMB

Document 16

Filed 07/24/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION JOSEPHINE COKER, CHARLIE CRISS, AND ROSE PURNELL, VS. MERCK & COMPANY, INC.; MISTY AUSTIN, ANDREA ELIZABETH BEAVERS, DAN SHEALS, WILLIAM UMPHLETT, AND JOHN DOES 1-20, ORDER This matter comes before the court upon Defendant Merck & Company, Inc.'s Motion to Stay All Proceedings Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation [6]. After due consideration of the motion and the responses filed thereto, the court finds as follows, towit: Because Merck has received neither a conditional nor final transfer order from the MDL Panel, and because the plaintiffs' motion to remand is currently pending, this court declines to grant Merck's motion to stay. IT IS THEREFORE ORDERED AND ADJUDGED that: (1) Defendant Merck & Company, Inc.'s Motion to Stay All Proceedings Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation [6] is DENIED; and (2) Defendant Merck & Company, Inc. shall have until August 6, 2007 by which to file a response to the plaintiffs' motion to remand. SO ORDERED this the 23rd day of July, A.D., 2007. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE PLAINTIFFS, CIVIL ACTION NO. 4:07CV100-P-B

DEFENDANTS.

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