United States District Court, S.D. Illinois
August 2, 2005.
CATHY D. WILKEN, Plaintiff,
THE PURDUE PHARMA COMPANY, PURDUE PHARMA L.P., PURDUE PHARMA, INC., PURDUE FREDERICK COMPANY, THE P.F. LABORATORIES, INC., MALLINCKRODT, INC., Defendants.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
MEMORANDUM AND ORDER
Before the Court is Plaintiff's motion to stay. (Doc. 70.)
Plaintiff claims to have suffered injuries as a result of using
Defendants' painkiller OxyContin, and Plaintiff's counsel has
petitioned the Judicial Panel on Multi-District Litigation to
create an MDL case for all similar OxyContin cases. Based on the
possibility that an MDL case may be formed, Plaintiff's counsel
now seeks to stay this suit until the Judicial Panel rules on the
petition before it. (Doc. 70.) Defendants oppose the request to
stay. (Doc. 72.)
This Court has consistently denied requests to stay that are
based on pending petitions to create an MDL case when the stay
would not result in a tremendous saving of the litigants' and counsel's resources.
However, the Court does give serious consideration to each
request to stay. In this case, discovery has been proceeding for
an extended period of time, and nothing else indicates a stay
would benefit the litigation process or save many resources.
Consequently, the Court DENIES Plaintiff's motion to stay.
IT IS SO ORDERED.
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