Sfeir -v- Merck

Filing 7

ORDER granting Merck's4 Motion to Stay . Signed by Judge David G. Larimer on 3/9/06. (EMA, )

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Sfeir -v- Merck Doc. 7 Case 6:06-cv-06130-DGL Document 7 Filed 03/10/2006 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ ROSE SFEIR, Plaintiff, ORDER AND STAY 06-CV-6130L v. MERCK & CO., INC., Defendant. ________________________________________________ On March 2, 2006, Merck removed this negligence and product liability action from New York State Supreme Court pursuant to 28 U.S.C. 1332, 1441, and 1446. Merck has filed a motion to stay the action pending the issuance of a conditional order by the Judicial Panel on Multidistrict Litigation ("JPML") transferring the case as "tag-along" action to In re Vioxx Marketing, Sales Practices and Products Liability Litigation, MDL No. 1657, an MDL action that has been established in the Eastern District of Louisiana. For the reasons set forth in this Court's March 1, 2006 Order to Stay filed in 11 other cases (see e.g., Campbell v. Merck & Co., Inc., et al., 05-CV-6740L, Dkt. #17), Merck's motion to stay is granted. Dockets.Justia.com Case 6:06-cv-06130-DGL Document 7 Filed 03/10/2006 Page 2 of 2 CONCLUSION Merck's motion to stay (Dkt. #4) is GRANTED. IT IS SO ORDERED. _______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York March 9, 2006. -2-

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