Zaite v. Long et al

Filing 24

ORDER Denying as moot 4 Motion to Stay. Denying as moot and without prejudice to refiling in the transferee court 7 Motion to Dismiss and 14 Motion to Remand to State Court. Signed by Magistrate Judge Carl W. Hoffman on 6/7/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KATHRYN ZAITE,

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Plaintiff,
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vs.
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BOEHRINGER INGELHEIM
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PHARMACEUTICALS, INC., et al.,
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Defendants.
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____________________________________)

Case No. 2:13-cv-00384-JCM-CWH
ORDER

This matter is before the Court on Defendant’s Motion to Stay (#4), filed March 7, 2013;

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Defendant’s Motion to Dismiss (#7), filed March 14, 2013; and Plaintiff’s Motion to Remand

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(#14), filed April 5, 2013.

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On June 5, 2013, the MDL Panel entered an order denying Plaintiff’s motion to vacate the

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conditional transfer of this action to MDL No. 2385. Plaintiff’s motion was based primarily on the

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pendency of her motion to remand in this Court. The MDL Panel noted that it has “repeatedly held

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. . . that a motion for remand alone is generally an insufficient basis to vacate a conditional transfer

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order.” See Transfer Order (#21). The Panel further noted that Plaintiff is not precluded from

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presenting her motion to remand to the transferee judge. Accordingly, Plaintiff’s motion to vacate

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the conditional transfer to MDL No. 2385 was denied and the case transferred to the Southern

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District of Illinois. See Transmittal Return (#23). Due to the transfer, the matter currently pending

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before this court, identified by case number 2:13-cv-00384-JCM-CWH, was closed. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Stay (#4) is denied as moot.

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IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (#7) and Plaintiff’s
Motion to Remand (#14) are denied as moot and without prejudice to refiling in the transferee

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Court.
DATED: June 7, 2013.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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