COUNTY OF SANTA CLARA v. SMITHKLINE BEECHAM CORPORATION et al

Filing 118

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFF'S MOTION APPEALING THE TWENTY-FOURTH REPORT AND RECOMMENDATION OF THE SPECIAL MASTER (DOC. NO. 4569) IS DENIED. PLAINTIFF'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (DOC. NO. 4 377) IS DENIED. PLAINTIFF'S REQUEST FOR CERTIFICATION OF AN INTERLOCUTORY APPEAL AND A STAY OF PROCEEDINGS IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/28/2017. 2/28/2017 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 5085 IN 07-MD-1871) (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
In re: AVANDIA MARKETING, SALES :
AVANDIA MDL 1871
PRACTICES AND PRODUCTS
:
07-MD-1871
LIABILITY LITIGATION
:
___________________________________ :
:
THIS DOCUMENT RELATES TO:
:
:
County of Santa Clara v. GSK
:
10-CV-1637
___________________________________ :
ORDER
AND NOW, this 28th day of February 2017, upon consideration of Plaintiff’s Motion
Appealing the Twenty-Fourth Report and Recommendation of the Special Master [Doc. No.
4569], and the response and reply thereto, and after an oral argument on the motion, and for the
reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED as
follows:
1. Plaintiff’s Motion Appealing the Twenty-Fourth Report and Recommendation of the
Special Master [Doc. No. 4569] is DENIED.
2. Plaintiff’s Motion to Dismiss for Lack of Subject Matter Jurisdiction [Doc. No. 4377] is
DENIED.
3. Plaintiff’s request for certification of an interlocutory appeal and a stay of proceedings is
GRANTED.
It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.