United States District Court, N.D. California
October 24, 2005.
JOHN MORRIS Plaintiff(s),
MERCK & CO., INC. Defendant(s).
The opinion of the court was delivered by: MARILYN PATEL, District Judge
MEMORANDUM & ORDER
Re: Motion to Stay
On August 12, 2005, plaintiff JOHN MORRIS filed a complaint
against MERCK & CO., INC. in the Superior Court of the State of
California for the County of San Mateo. The complaint seeks
damages allegedly resulting from plaintiff's use of Vioxx, a drug
manufactured by Merck. On August 23, 2005, Merck removed the
action to this court on the basis of diversity jurisdiction.
Presently before the court is Merck's motion to stay the action
pending its transfer to the multidistrict litigation ("MDL")
proceeding that has been established to deal with the large
volume of Vioxx-related cases in federal court.
The power to stay proceedings in the interest of judicial
economy is an inherent power left to the discretion of the court.
Landis v. North Am. Co., 299 U.S. 248, 254 (1936). Upon entry
of this order, Merck's motion to stay shall be deemed submitted.
Unless plaintiff timely files a motion to remand, Merck's motion
to stay will be GRANTED and further proceedings in this action
shall be STAYED pending transfer of the action to MDL Proceeding
IT IS SO ORDERED.
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