Jones v. Abbott Laboratories

Filing 74

ORDER Denying Without Prejudice 48 Plaintiff's Motion to Compel Regarding Plaintiff's First Request for Production; Denying Without Prejudice 51 Plaintiff's Motion to Compel Regarding Plaintiff's Second Request for Production. Signed by Magistrate Judge Tu M. Pham on 9/19/08. (Pham, Tu)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION _________________________________________________________________ ELNORA JONES, Plaintiff, v. ABBOTT LABORATORIES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-2120 D/P

_________________________________________________________________ ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTIONS TO COMPEL _________________________________________________________________ Before the court by order of reference is plaintiff Elnora Jones' motions to compel (D.E. 48 & 51). In light of the court's

order staying this litigation (D.E. 73), the motions to compel are denied without prejudice. Once the United States Supreme Court

decides Wyeth v. Levine, and if the stay is lifted and the case is allowed to proceed on all or part of the claims, the plaintiff may renew these motions by filing written notice with the court, without having to refile the motions, responses, or supporting memoranda of law. Moreover, the protective order entered by the

court at D.E. 69 shall remain in effect until further order of the court.

IT IS SO ORDERED. s/ Tu M. Pham United States Magistrate Judge September 19, 2008 Date

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