UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
March 9, 2006
MICHAEL FARCIGLIA, ET AL., PLAINTIFFS,
MERCK & CO., INC., DEFENDANTS.
KRISTIE L. MARACLE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF RODERICK R. NEAL, DECEASED, PLAINTIFF,
MERCK & CO., INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
ORDER AND STAY
On February 14, 2006, Merck removed these two negligence and product liability actions from New York State Supreme Court pursuant to 28 U.S.C. §§ 1332, 1441, and 1446.
Merck has filed motions to stay the actions pending the issuance of conditional orders by the Judicial Panel on Multidistrict Litigation ("JPML") transferring the cases as "tag-along" actions to In re Vioxx Marketing, Sales Practices and Products Liability Litigation, MDL No. 1657, an MDL action that has been established in the Eastern District of Louisiana.
For the reasons set forth in this Court's March 1, 2006 Order to Stay filed in 70 other cases (see e.g., Reid, et al. v. Merck & Co., Inc., et al., 05-CV-6621L, Dkt. #23), Merck's motions to stay in these two cases are granted.
Merck's motions to stay in Farciglia et al. v. Merck & Co, Inc., et al., 06-CV-6090 (Dkt. #10) and Maracle et al. v. Merck & Co., Inc., et al., 06-CV-6091 (Dkt. #9) are GRANTED.
IT IS SO ORDERED.
Rochester, New York
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