Opinion
2:22-cv-07882-AB-AS
11-23-2022
Robert Murray v. Koninklijke Philips N.V. et al
PRESENT: THE HONORABLE ANDRE BIROTTE JR., UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: [In Chambers] ORDER GRANTING THE PHILIPS DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING TRANSFER TO MDL NO. 3014
Before the Court is Defendants Philips North America LLC, Philips RS North America LLC, Philips Holding USA, Inc., and Philips DS North America LLC's (“Defendants”) Motion to Stay (Dkt. No. 13-5) and Plaintiff Robert Murray's (“Plaintiff”) Motion to Remand. Having considered the parties' arguments, and the Court in all respects having been sufficiently advised, the Court finds that this case should be stayed pending transfer of this action to the multidistrict litigation (the “MDL”) currently pending before Judge Conti in the Western District of Pennsylvania, In re Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, Case No. 2:21-mc-01230 (W.D. Pa.) (JFC).
Accordingly, the Motion to Stay is GRANTED. All proceedings are STAYED until the action is transferred to the MDL and all hearings set before this Court are VACATED. The Court will defer ruling on the Motion to Remand so that the MDL Court may consider the issue if the case is transferred. If the transfer is denied, the parties shall file a motion to lift the stay to proceed with litigation within fourteen days of such denial and propose a new hearing date for Plaintiff's Motion to Remand.
IT IS SO ORDERED.