Grubensky v. Pfizer Inc.

Opinion

1 2 3 4 5 6 7 10 11 JAMIE GRUBENSKY, Case No. 4:24-cv-8746-HSG 12 Plaintiff, ORDER GRANTING JOINT 13 v. STIPULATION TO STAY ACTION LLC, PRASCOLABS, PHARMACIA & 15 UPJOHN; and DOES 1 through 50, Inclusive, 16 Defendants. 17 Complaint Filed: December 4, 2024 Trial Date: None set 18 19 20 Before the Court is the stipulation of Jamie Grubensky (“Plaintiff”) and Defendants Pfizer 21 Inc., Pharmacia & Upjohn Company LLC, Prasco, LLC d/b/a Prasco Laboratories, Viatris Inc., 22 and Greenstone LLC (“Defendants”), to stay this action. 23 On November 26, 2024, certain plaintiffs filed a petition with the Judicial Panel on 24 Multidistrict Litigation (“JPML”) to centralize this and other cases in which plaintiffs allege 25 personal injuries relating to the use of Depo-Provera, into a Multidistrict Litigation (“MDL”) (the 26 “Petition”). The JPML has set the Petition for a hearing on January 30, 2025, and is expected to 27 decide the Petition in early February 2025. The parties seek a stay of this case through March 7, 28 2025, or until the Petition is decided, whichever is sooner. Courts routinely find good cause to 1 || stay a case during the pendency of a JPML petition. E.g., E.g., Schmidt v. Pfizer Inc, et al., No. 2 || 3:24-cv-06875-JC (N.D. Cal.), ECF No. 53; A.H.M. v. Uber Techs., Inc., No. 23-cv-03482-JSC, 3 || 2023 WL 6199179 (N.D. Cal. Sept. 22, 2023); Hulsh v. Bayer Healthcare Pharms. Inc., No. 15- 4 || cv-04801-JST, 2016 WL 7168398 (N.D. Cal. Jan. 11, 2016); Lyon v. DePuy Orthopaedics, Inc., 5 || No. 19-cv-05270-PJH, 2019 WL 4933586 (N.D. Cal. Oct. 7, 2019); Good v. Prudential Ins. Co. 6 || of America, 5 F. Supp. 2d 804, 809 (N.D. Cal. 1998) (“Courts frequently grant stays pending a 7 || decision by the MDL Panel regarding whether to transfer a case.”). 8 Accordingly, the Court finds good cause for the stipulation and hereby GRANTS the 9 || stipulation. This action shall be stayed through March 7, 2025, or until the JPML decides the 10 || Petition, whichever is sooner. On March 7, 2025, if this action is not transferred to an MDL 11 || proceeding, the parties shall file a joint status update. If the Petition is denied, Defendants shall 12 || have through and until 21 days after the JPML rules on the anticipated JPML petition to respond 13 |] to the Complaint. 14 15 || Dated: 1/2/2025 Abespworl & Mbt). Hon. Ha¥wood S. Gilliam, Jr. 16 United States District Court Judge 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO STAY ACTION