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Beth Tobais and v. Merck Sharpe & Dohme Corp

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


November 9, 2011

BETH TOBAIS AND MARGARET FREIBERG, PLAINTIFFS,
v.
MERCK SHARPE & DOHME CORP., DEFENDANT.

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

ORDER

Now before the Court is defendant's motion to stay all proceedings (Doc. 6). Defendant moves the Court to stay this litigation pending its likely transfer to In re: Fosomax (Alendronate Sodium Products Liability Litigation (No. II), MDL No. 2243. The Court finds that a stay is not warranted under the circumstances of this case and denies the motion to stay. Pending in this case are defendant's motion to sever (Doc. 5) and plaintiffs' motion to remand (Doc. 10). A review of those pleadings indicates that the issues contained in the motions are local issues. Thus, the Court finds that there is no reason to send this case to, MDL No. 2243 with pending motions based on those issues. The MDL judge has so many pending matters that it is helpful if these pending motions (remand and sever) are resolved first. Accordingly, the Court DENIES the motion to stay (Doc. 6).

IT IS SO ORDERED.

Digitally signed by David R. Herndon Chief Judge United States District Court Date: 2011.11.09 15:34:03-06'00'

20111109

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