Arters et al v. Sandoz, Inc. et al

Filing 77

OPINION AND ORDER STAYING CASE. Signed by Judge James L Graham on 4/17/13. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Frederick Arters, et al.,
Case No. 2:10-cv-142
Plaintiffs,
v.

Judge Graham

Sandoz Inc., et al.,

Magistrate Judge Deavers

Defendants.
OPINION AND ORDER
This matter is before the court on a motion for certification for appeal and in the alternative
for reconsideration and stay. Doc. 75. Defendants Sandoz, Inc. (Sandoz) and Eon Labs, Inc. (Eon)
seek to appeal this Court’s order denying their motion for judgment on the pleadings. Doc. 74. One
of the cases on which the Court relied in its order denying judgment on the pleadings is currently
under consideration by the United States Supreme Court. See Bartlett v. Mutual Pharmaceutical Co.,
678 F.3d 30 (3d Cir. 2012), cert. granted, 133 S.Ct. 694 (Nov. 30, 2012) (No. 12-142). The
resolution of that case may resolve the issues for which defendants seek reconsideration and appeal.
Pending the issuance of an opinion in Bartlett, proceedings in this case are STAYED. The Court
reserves ruling on the remainder of defendants’ motion for certification for appeal and
reconsideration.
IT IS SO ORDERED.
S/ James L Graham
James L. Graham
UNITED STATES DISTRICT JUDGE
Date: April 17, 2013

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