Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Gordon v. Merck & Co.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 8, 2008

KAREN GORDON, PLAINTIFF,
v.
MERCK & CO., INC., ET AL., DEFENDANTS.
KATHLEEN LAPP, PLAINTIFF,
v.
MERCK & CO., INC., ET AL., DEFENDANTS.
MARIE ZIKA, PLAINTIFF,
v.
MERCK & CO., INC., ET AL., DEFENDANTS.
FRANCES AGNELLO, PLAINTIFF,
v.
MERCK & CO., INC., ET AL., DEFENDANTS.
BEVERLY EUBANKS, PLAINTIFF,
v.
MERCK & CO., INC., ET AL., DEFENDANTS.
JOANN EFTHEMIS, PLAINTIFF,
v.
MERCK & CO., INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER TO STAY

On November 20, 2007, Merck removed each of these negligence and product liability actions from New York State Supreme Court pursuant to 28 U.S.C. §§ 1332, 1441, and 1446.

Shortly thereafter, Merck filed motions to stay the actions (Dkt. #5) pending the issuance of a conditional order by the Judicial Panel on Multidistrict Litigation ("JPML") transferring each case as a "tag-along" action 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. On December 20, 2007, the JPML issued a conditional transfer order embracing each of the above cases. It is unknown whether one or more of the plaintiffs will pursue objections to that order with the JPML.

This Court has held in other cases concerning Vioxx that a stay was warranted in connection with transfer decisions by the JPML in order to conserve judicial resources, to avoid duplicative litigation, and to prevent hardship and inequity to Merck, and that a stay would not cause plaintiffs to suffer undue prejudice. See e.g., Reid v. Merck & Co., Inc., No. 05-CV-6621L, slip op. (W.D.N.Y. Mar. 1, 2006); North v. Merck & Co., Inc., No. 05-CV-6475L, 2005 WL 2921638 (W.D.N.Y. Nov. 4, 2005); Krieger v. Merck & Co., Inc., No. 05-CV-6338L, 2005 WL 2921640 (W.D.N.Y. Nov. 4, 2005).

For these same reasons, Merck's pending motions to stay (Dkt. #5) in each of the above-referenced cases is GRANTED.

IT IS SO ORDERED.

20080108

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.