JOINT STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING TRANSFER TO THE PLAVIX® MDL

JON S. TIGAR, District Judge.

This Joint Stipulation is made by and between Plaintiffs in Diercks et al. v. Bristol-Myers Squibb Co. et al., No. CV-14-0572 JST (N.D. Cal.), and Defendant Bristol-Myers Squibb Company ("BMS") (collectively "the Parties"), by and through the undersigned counsel of record, with reference to the following facts:

1. WHEREAS, on February 12, 2013, the Judicial Panel on Multidistrict Litigation ("JPML") established a multidistrict Plavix® litigation in the District of New Jersey, assigned to Judge Freda Wolfson;

2. WHEREAS, on February 4, 2014, Plaintiffs filed the Diercks action in the Superior Court of California, San Francisco County;

3. WHEREAS, on February 6, 2014, the Diercks action was removed to this Court by Defendant BMS;

4. WHEREAS, on February 12, 2014, Defendant BMS tagged this case for transfer to the Plavix® MDL and anticipates that the JPML will issue a conditional transfer order for this case soon; and

5. WHEREAS, the parties agree that the Diercks action should be stayed pending its anticipated transfer to the Plavix® MDL in the District of New Jersey.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that the Diercks action should be stayed pending its anticipated transfer to the Plavix® MDL in the District of New Jersey.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.