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Rosales v. Smithkline Beecham 1871 Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 27, 2009

JANICE ROSALES, AS SURVIVING STATUTORY BENEFICIARY FOR THE WRONGFUL DEATH OF ARMANDO ROSALES, JR., DECEASED, INDIVIDUALLY AND ON BEHALF OF ALL OTHER HEIRS OF DECEDENT, PLAINTIFF,
v.
SMITHKLINE BEECHAM 1871 (E.D. PA) CORPORATION, A PENNSYLVANIA CORPORATION, D/B/A GLAXOSMITHKLINE; MCKESSON CORPORATION, A DELAWARE CORPORATION; DOES ONE FIFTEEN, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Marilyn Hall Patel

[PROPOSED] ORDER GRANTING MOTION BY DEFENDANT SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE TO STAY ALL PROCEEDINGS PENDING TRANSFER BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION TO MDL

Time: 2:00 p.m.

through Courtroom: 15

Date: March 2, 2009

On March 2, 2009, Defendant SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE's ("GSK") Motion to Stay All Proceedings Pending Transfer by the Judicial Panel on Multidistrict Litigation to MDL 1871 (E.D. PA) came for hearing in Courtroom 15 of this Court. All parties were given notice and an opportunity to be heard, and each party was represented at the hearing by its counsel of record. Having reviewed all of the papers and admissible evidence filed in support of and in opposition to the motion and for good cause appearing:

IT IS HEREBY ORDERED THAT GSK's motion is GRANTED. The Court hereby orders a stay of: (a) all pretrial activity in this case, including any remand motions; (b) the period for initial disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure; and (c) all other discovery and pretrial deadlines, pending transfer of this case by the Judicial Panel on Multidistrict Litigation, pursuant to 28 U.S.C. § 1407(a), of the resulting action against GSK to In re Avandia Products Liability Litigation, MDL No. 1871, pending before the Honorable Cynthia M. Rufe in the United States District Court for the Eastern District of Pennsylvania.

IT IS SO ORDERED.

Hon. Marilyn H. Patel U.S. District Court,

20090127

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