Perrigo Company et al v. Merial Limited et al

Filing 117

ORDER - The plaintiffs' Motion for Stay of Court's June 12, 2015 Order (filing 115 ) is granted in part. Transfer of this case to the Northern District of Georgia will be stayed pending the Court's disposition of objections, if any, to the Magistrate Judge's transfer order. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PERRIGO COMPANY, et al.,
Plaintiffs,

8:14-CV-403

vs.
ORDER
MERIAL LIMITED, doing business as
MERIAL LLC, and MERIAL SAS,
Defendants.
This matter is before the Court on the plaintiffs' Motion for Stay of
Court's June 12, 2015 Order (filing 115). That motion will be granted in part.
The plaintiffs have until June 29, 2015, to object to the Magistrate
Judge's June 12 order granting the defendants' motion for change of venue.
NECivR 72.2(a); NECivR 6.1(a). Accordingly, it is appropriate to grant the
plaintiffs' motion to stay to that extent: the Court will not transfer the case
before the plaintiffs have had an opportunity to object, and the Court has
considered any objection. And, depending upon how the Court rules on any
objection, the Court will afford the plaintiffs enough time to petition the
Eighth Circuit for a writ of mandamus.1 See In re Nine Mile Ltd., 673 F.2d
242, 243 (8th Cir. 1982). The Court will also, depending on its resolution of
the venue issue, address the disposition of the defendant's still-pending
motion to certify an interlocutory appeal (filing 108).
IT IS ORDERED:
1.

The plaintiffs' Motion for Stay of Court's June 12, 2015
Order (filing 115) is granted in part.

2.

Transfer of this case to the Northern District of Georgia
will be stayed pending the Court's disposition of objections,
if any, to the Magistrate Judge's transfer order.

An interlocutory order granting a change of venue is generally not appealable, but
mandamus may be available in "'really extraordinary situations.'" Emerson Elec. Co. v.
Black & Decker Mfg. Co., 606 F.2d 234, 237 (8th Cir. 1979); see, Nixon v. Coeur D'Alene
Tribe, 164 F.3d 1102, 1107 (8th Cir. 1999); United States Fire Ins. Co. v. Am. Family Life
Assurance Co., 787 F.2d 438, 439 (8th Cir. 1986).
1

Dated this 26th day of June, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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