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Shupe v. Merck & Co.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 5, 2006

RODNEY W. SHUPE, PLAINTIFF,
v.
MERCK & CO., INC. ALSO D/B/A MERCK, SHARP AND DOHME AND D/B/A MSD SHARP & DOHME GMBH, DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Pending before the Court is Defendant Merck's November 6, 2006 motion to stay all proceedings. (Doc. 4). Specifically, Merck moves the Court to stay this action pending its likely transfer to In re Vioxx Products Liab. Litig., (MDL) No. 1657. As of this date, Plaintiff has not responded to the motion. Pursuant to LOCAL RULE 7.1(g), the Court considers this failure an admission of the merits of the motion.*fn1 Thus, the Court GRANTS Merck's motion to stay (Doc. 4). The Court STAYS this matter pending its transfer to the MDL.

IT IS SO ORDERED.

David RHerndon United States District Judge


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