Free Order on Motion to Stay - District Court of Delaware - Delaware

Case 1:08-cv-00359-JJF-LPS

Document 36

Filed 03/26/2008

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ASTRAZENECA PHARMACEUTICALS LP, et al., Plaintiffs, v. AUROBINDO PHARMA LIMITED, et al., Defendants. : : : : : : : : : : : : :

CIVIL ACTION NO. 07-6020 (MLC) O R D E R

IT APPEARING that a motion pursuant to 28 U.S.C. § 1407 to transfer this action is pending before the United States Judicial Panel on Multidistrict Litigation ("Panel"), see In re: Rosuvastatin Calcium Patent Litig., MDL No. 1949, 3-17-08 Notification; and the Court having the inherent power to control the docket, Landis v. N. Am. Co., 299 U.S. 248, 254 (1936), Rolo v. Gen. Dev. Corp., 949 F.2d 695, 702 (3d Cir. 1991); and the Court determining that the interests of judicial economy will be best served by staying this action pending the final outcome of the proceedings before the Panel; and for good cause appearing;

Case 1:08-cv-00359-JJF-LPS

Document 36

Filed 03/26/2008

Page 2 of 2

IT IS THEREFORE on this

26th

day of March, 2008

ORDERED that -- with the exception of the pending motions to seal (dkt. entry nos. 25 & 34), which shall remain within the province of the Magistrate Judge -- all further proceedings in this action, including but not limited to the submission of any new or additional motions or briefing and the submission of any further pleadings or answers, are STAYED pending the final outcome of the proceedings before the United States Judicial Panel on Multidistrict Litigation; and IT IS FURTHER ORDERED that the defendants' motion to dismiss (dkt. entry no. 6) is DENIED WITHOUT PREJUDICE, and with leave to move again when the stay is lifted; and IT IS FURTHER ORDERED that the plaintiffs' cross motion to stay (dkt. entry no. 20) is DENIED WITHOUT PREJUDICE AS MOOT.

s/ Mary L. Cooper MARY L. COOPER United States District Judge

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