Summary
finding minimal prejudice where the stay would create a "three to four week delay"
Summary of this case from Sehler v. Prospect Mortg., LLCOpinion
Civil Action No. 02-2331, Section "T" (4)
September 12, 2002
Before the Court are three separate motions, namely, (1) a Motion for Temporary Stay of Proceedings Pending a Final Ruling of the Judicial Panel on Multidistrict Litigation on Transfer of this Case to MDL-1407, filed on behalf of the defendant, Wyeth f/k/a American Home Products Corporation, on behalf of itself and its unincorporated division, Wyeth Consumer Healthcare, incorrectly sued is Wyeth Consumer Healthcare, Ltd., f/k/a Whitehall-Robbins Healthcare, (collectively "Wyeth"): (2) a Motion for More Definite Statement pursuant to Federal Rule of Civil Proccclnre 12e). and (3) a Motion for Dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), likewise, filed on behalf of defendant, Wyeth. These motions were submitted for the Court's consideration on the briefs alone with a hearing date of September 11, 2002. The Court. having considered the arguments of counsel, the Court record, the law and applicable jurisprudence, is fully advised in the premises and ready to rule.
ORDER AND REASONS
This is a product liability action involving Phenylpropanolamine ("PPA") a substance found in various over-the-counter nasal decongestant products. The plaintiffs have filed suit against NOVARTIS PHARMACEUTICALS CORPORATION, NOVARTIS CONSUMER HEALTHCARE, WYETH COMPANY; WYETH CONSUMER HEALTHCARE, LTD.; WARNER-LAMBERT COMPANY; PERRIGO COMPANY; GLAXOSMITHKLINE. PLC; SMITHKLINE BEECHAM CORP., SMITHKLINE BEECHAM CONSUMER HEALTHCARE, LP, BODY DYNAMICS, INC.; and UNKNOWN RETAILER/SELLER as the manufacturers and sellers of products containing PPA. On July 30, 2002, Novartis Pharmaceuticals Corporation and SmithKline Beecham Corporation removed this action from Louisiana State Court.
Yet, this case is only one of over 625 similar cases filed nationwide. A Multidistrict Litigation ("MDL") Panel has been established, see In Re Phenylpropanolamine (PPA) Prods. Liab. Litig., and a conditional transfer order has been entered wherein this case has been conditionally transferred to the United States Court for the Western District of Washington — MDL 1407 This matter was submitted as a tag-along action on April 8, 2002. Subsequently, it was included in Conditional Transfer Order — 21 as a tag-along case.
A tag-along action is a civil action pending in a district court involving common questions of fact with actions previously transferred under Section 1407. See R.P.J.P.M.L. Rule 1.1.
The pendency of a transfer order in no way defeats or limits the authority of this Court to rule upon matters properly before it. See, Boudreaux v. Metropolitan Life Ins. Co., 1995 WL 83788 (E.D. La. 1995); Rule 1.5 of the Rules of Multidistrict Litigation. However, the decision whether to grant or deny a stay is completely within the discretion of the Court. Id., See also, Landis v. North American Co., 57 S.Ct. 163, 299 U.S. 248 (1936).
It is the opinion of this Court that the interests of judicial economy will best be served by a temporary stay in these proceedings pending a ruling by the Judicial Panel on Multidistrict Litigation. Furthermore, it is the opinion of this Court that the plaintiff will not be prejudiced by this temporary stay. Any prejudice resulting from this three to four week delay is clearly outweighed by the benefit of judicial and avoidance of inconsistent rulings. See, e.g., Weinke v. Microsoft Corp., 84 F. Supp.2d 989,990 (W.D. Wis. 2000); Aikins v. Microsoft Corp., 2000 WL 310391 at 2, (E.D. La. March 24, 2000).
Accordingly,
IT IS ORDERED that the Motion for Temporary Stay filed on behalf of the defendant, Wyeth f/k/a American Home Products Corporation, on behalf of itself and its unincorporated division, Wyeth Consumer Healthcare, incorrectly sued as Wyeth Consumer Healthcare, Ltd., f/k/a Whitehall-Robbins Healthcare, bet and the same is hereby GRANTED. IT IS FURTHER ORDERED that all proceedings in the above-captioned matter are hereby STAYED pending a final determination on consolidation and transfer by the Judicial Panel on Multidistrict Litigation.