Opinion
Case No: 05-20683-CIV-KING.
April 22, 2005
ORDER STAYING CASE
THIS CAUSE comes before the Court upon Defendant's Motion to Stay Pending Transfer Decision by the Multidistrict Litigation Panel, filed April 20, 2005.
In the instant motion, Defendant moves the Court to stay all proceedings in the above-styled action, including the Rule 16 Scheduling Conference set for Monday, May 2, 2005, pending a transfer decision in the case of In re VIOXX Products Liability Litigation (MDL-1657). In re VIOXX, is an MDL proceeding established, on February 16, 2005, by the Eastern District of Louisiana, to coordinate all product liability cases involving alleged health risks from VIOXX ® (See Transfer Order, attached to Defendant's Motion as Exhibit A).
The Transfer Order creating the MDL panel directed that the 148 cases subject to original motions be transferred and coordinated for pretrial proceedings in the U.S. District Court for the Eastern District of Lousiana, before the Honorable Eldon E. Fallon. (Transfer Order). On April 18, 2005, the MDL panel issued its sixth Conditional Transfer Order ("CTO"), which transferred another 90 VIOXX ® cases, including this action, to MDL-1657. (Conditional Transfer Order-6, attached to Defendant's Motion as Exhibit Q. The transfer order will be filed in Judge Fallon's court upon expiration of Plaintiff's fifteen (15) day period to object, or after resolution of the objections in Defendant's favor, and the case would then be transferred for coordinated pretrial proceedings.
The Court finds that a stay of this case pending a transfer decision by the MDL will promote judicial efficiency and possibly avoid conflicting rulings. To avoid the risk of inconsistent substantive legal rulings, pretrial proceedings in the above-styled case and other actions should proceed in an orderly, coordinated fashion, as directed by a single court selected by the MDL panel to coordinate these cases. See Mathern v. Wyeth, No. Civ.A. 04-2116, 2004 WL 1922028 at *1 (E.D. La. Aug. 25, 2004). Accordingly, after a careful review of the record, and the Court being otherwise fully advised, it is
ORDERED and ADJUDGED that Defendant's Motion to Stay Pending Transfer Decision by the Multidistrict Litigation Panel be, and the same is hereby, GRANTED and the case is STAYED pending further orders from this Court. The Rule 16 Scheduling Conference set for May 2, 2005 is hereby CANCELED, to be re-set, if necessary, by the Court. It is further ORDERED and ADJUDGED that Defendant shall give notice to the Court every thirty (30) days of the status of the transfer decision of the Multidistrict Litigation Panel.
DONE and ORDERED.