Stockton v. Cook Medical Incorporated et al

Filing 49

ORDER Granting 43 Motion to Stay. This matter is stayed through 10/9/2014. IT IS FURTHER ORDERED that 45 Motion to Extend Various Deadlines is DENIED as moot. Signed by Magistrate Judge Nancy J. Koppe on 8/28/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CYNTHIA STOCKTON, et al.
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Plaintiff(s),
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vs.
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COOK MEDICAL INCORPORATED, et al.,
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Defendant(s).
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Case No. 2:12-cv-02000-APG-NJK
ORDER GRANTING TEMPORARY
STAY (Docket No. 43)
ORDER DENYING AS MOOT JOINT
MOTION TO EXTEND (Docket No. 45)

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On August 11, 2014, Defendants filed an unopposed motion to stay pending resolution of an

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MDL transfer motion. See Docket No. 43. The Court held a hearing on the motion on August 15, 2014.

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Docket No. 46. The Court has discretion to stay proceedings pending resolution of an MDL transfer.

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See, e.g., Amadeck v. Capital One Fin. Corp., 2012 WL 5472173, *1 (W.D. Wash. Nov. 9, 2012)

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(outlining relevant standards). Especially in light of Defendants’ opposition to the MDL transfer and

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consolidation, see Docket No. 48, and in light of the length of time this case has already been proceeding

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in this Court, whether a stay is proper under the relevant standards is a close call. Nonetheless, the

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request for the stay is unopposed and it appears that staying this matter will result in at most minimal

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delay. See id. at 2 (noting JPML scheduling of oral argument for October 2, 2014). In these

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circumstances, the Court will GRANT the motion and stay this matter through October 9, 2014. No

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later than October 9, 2014, the parties shall file a joint status report regarding the MDL proceedings and,

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if necessary, shall file a stipulation or motion seeking to extend the stay in this case. The Court herein

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expresses no opinion as to whether such stipulation or motion will be granted.

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In light of the above, the pending joint motion to extend various deadlines (Docket No. 45) is
DENIED as moot.

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IT IS SO ORDERED.

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DATED: August 28, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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