IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

BETTY WEATHERS, 

 Plaintiff, 

 v. 

ELI LILLY AND COMPANY et al.,

 Defendants. 

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 CASE NO.: 2:06-cv-0666-DRB 

 

DEFENDANT ELI LILLY AND COMPANY’S 

NOTICE OF FILING SUPPLEMENTAL AUTHORITY 

IN SUPPORT OF ITS MOTION TO STAY ALL PROCEEDINGS

 COMES NOW defendant Eli Lilly and Company (“Lilly”) and, in 

further support of its Motion to Stay, files two Orders granting Lilly’s Motion to 

Stay in cases pending in this district, which were filed by Plaintiff’s counsel and 

are nearly identical to the present action. 

Judge Myron Thompson granted Lilly’s motions to stay in Grant v. 

Eli Lilly and Company et al., No: 2:06-cv-464-MHT (M.D. Ala. July 27, 2006) 

(Order attached as Exhibit “A”), and Frizzle v. Eli Lilly and Company et al., No.: 

2:06-cv-467-MHT (M.D. Ala. July 27, 2006) (Order attached as Exhibit “B”). The 

allegations against Lilly and Yolanda McCain in those cases are identical to the 

allegations against them in the present case. Moreover, Judge Thompson was 

Case 2:06-cv-00666-WHA-TFM Document 9 Filed 07/28/2006 Page 1 of 3
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presented with essentially the same Motion to Remand and Opposition to Motion 

to Stay that Plaintiff’s counsel has filed here. 

 Respectfully submitted, 

 

s/ James C. Barton Jr. 

James C. Barton, Jr. 

 Bar Number: ASB-0237-B51J 

 Email: jbartonjr@jbpp.com 

 s/ Alan D. Mathis 

 Alan D. Mathis 

 Bar Number: ASB-8922-A59M 

 Email: adm@jbpp.com 

 Attorneys for defendant 

 Eli Lilly and Company 

JOHNSTON BARTON PROCTOR & POWELL LLP 

2900 AmSouth/Harbert Plaza 

1901 Sixth Avenue North 

Birmingham, Alabama 35203 

Telephone: (205) 458-9400 

Facsimile: (205) 458-9500 

OF COUNSEL 

Case 2:06-cv-00666-WHA-TFM Document 9 Filed 07/28/2006 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the above and foregoing with 

the Clerk of the Court on July 28, 2006, using the CM/ECF system, which will 

send notification of such filing to the following: 

E. Frank Woodson, Esq. 

 Beasley, Allen, Crow, Methvin, 

 Portis & Miles, P.C. 

 P.O. Box 4160 

 Montgomery, Alabama 36104 

 

 

s/ Alan D. Mathis 

Of Counsel 

W0567105.DOC

Case 2:06-cv-00666-WHA-TFM Document 9 Filed 07/28/2006 Page 3 of 3
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

MATTIE GRANT, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:06cv464-MHT

) (WO) 

ELI LILLY AND COMPANY, and )

YOLANDA McCAIN, )

)

Defendants. )

ORDER

It is ORDERED that the motion for stay (doc. no. 5) is

granted and this cause is stayed pending MDL transfer.

See, e.g., McCray-Martin v. Eli Lilly and Company, civil

action no. 2:05cv1048-T (M.D. Ala. Nov. 22, 2005) (order

staying case, including remand motion, pending MDL

transfer); Muhammad v. Eli Lilly and Company, civil action

no. 2:05cv1046-T (M.D. Ala. Nov. 22, 2005) (same).

DONE, this the 27th day of July, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00666-WHA-TFM Document 9-2 Filed 07/28/2006 Page 1 of 1 Case 2:06-cv-00464-MHT-VPM Document 17 Filed 07/27/2006 Page 1 of 1

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

ROBERT FRIZZLE, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:06cv467-MHT

) (WO)

ELI LILLY and COMPANY and )

YOLANDA McCAIN, Sales )

Sales Representative, )

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Defendants. )

ORDER

It is ORDERED that the motion for stay (doc. no. 4) is

granted and this cause is stayed pending MDL transfer.

See, e.g., Grant v. Eli Lilly and Company, civil action

no. 2:06cv464-MHT (M.D. Ala. July 27, 2006) (order staying

case, including remand motion, pending MDL transfer);

McCray-Martin v. Eli Lilly and Company, civil action no.

2:05cv1048-T (M.D. Ala. Nov. 22, 2005) (same); Muhammad v.

Case 2:06-cv-00666-WHA-TFM Document 9-3 Filed 07/28/2006 Page 1 of 2 Case 2:06-cv-00467-MHT-SRW Document 18 Filed 07/27/2006 Page 1 of 2

Eli Lilly and Company, civil action no. 2:05cv1046-T (M.D.

Ala. Nov. 22, 2005) (same).

DONE, this the 27th day of July, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00666-WHA-TFM Document 9-3 Filed 07/28/2006 Page 2 of 2 Case 2:06-cv-00467-MHT-SRW Document 18 Filed 07/27/2006 Page 2 of 2