KENNEDY-MCINNIS et al v. BIOMEDICAL TISSUE SERVICES LTD.
Filing
44
ORDER denying 34 Motion to Lift Stay. Signed by Judge William J. Martini on 3/2/10. (gh, )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY IN RE: HUMAN TISSUE PRODUCTS LIABILITY LITIGATION This Document Relates to: Kennedy-McInnis, et al. v. Biomedical Tissue Services, Ltd., et al., Civil Action No. 06-5140 Docket No. 06-cv-135 (WJM) MDL No. 1763 ORDER HON. WILLIAM J. MARTINI
This motion comes before the Court on the motion to lift the stay filed by Plaintiffs in the Kennedy-McInnis action (06-cv-5140, Docket No. 34); and the Stay Order, entered on January 31, 2007, stating that "no new motions shall be filed (in either the donor or the recipient cases) pending leave of the Court" (06-cv-135, Docket No. 225); and the Court noting that the Plaintiffs have sought leave to file certain motions, including the instant Plaintiffs' motion for class certification (06-cv-135, Docket No. 831), and the Court has granted this leave; and the Court further observing that the parties agreed to stay discovery in the "family cases" pending resolution of certain privilege issues before the Third Circuit Court of Appeals and the New York Court of Appeals, see Decl. of Denise Brinker Bense, Exs. 1, 2; and decisions from the appellate courts not having been rendered at this time; and for good cause appearing, IT IS on this 2nd day of March 2010, hereby ORDERED that Plaintiffs' motion to lift the stay is DENIED.
/s/ William J. Martini g WILLIAM J. MARTINI, U.S.D.J.
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