GARBER, et al v. PHARMACIA CORP, et al

Filing 229

ORDER STAYING CASE pending the United States Supreme Court's resolution of the Merck Action and defts'. pending petition to the United States Supreme Court for a Writ of certiorari Signed by Judge Anne E. Thompson on 6/22/2009. (ss, )

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

ALASKA ELECTRICAL PENSION FUND, et al., Plaintiffs, v. PHARMACIA CORPORATION, et al. Defendants.

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Civil No. 03-1519 (AET) ORDER

THOMPSON, U.S.D.J. This matter comes before the Court on Defendants' letter [221] requesting a stay of proceedings; and IT APPEARING to the Court that Defendants filed a writ of certiorari in the United States Supreme Court seeking review of the Third Circuit's decision to reverse this Court's October 30, 2007 Order [182] granting Defendants summary judgment; and IT APPEARING to the Court that on May 26, 2009, the United States Supreme Court granted a writ of certiorari in a case presenting similar questions of law and fact, see generally Merck & Co. Sec., Derivative & "ERISA" Litig., 543 F.3d 150 (3d Cir. 2008), cert. granted, 2009 WL 150320, (U.S. May 26, 2009) (No. 08-905) ("Merck Action"); and for good cause shown It is on this 22nd day of June, 2009, ORDERED that the Court stay proceedings in this case pending the United States

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Supreme Court's resolution of the Merck Action and Defendants' pending petition to the United States Supreme Court for a writ of certiorari.

s/ Anne E. Thompson ANNE E. THOMPSON, U.S.D.J.

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