IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

SHARON COLEMAN

Plaintiff,

v.

DAVOL, INC.,

Defendant.

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Case No. 1:18-cv-01706

Hon. Jorge L. Alonso

STIPULATION AND ORDER TO STAY ALL PROCEEDINGS

PENDING JPML APPROVAL OF PROPOSED MULTIDISTRICT 

LITIGATION AND TRANSFER OF CASE

Plaintiff and Defendant, Davol Inc. (“Davol”), by and through their counsel of record

have conferred and have agreed to propose the following stay of all proceedings in this case 

pursuant to a stipulation based on the following:

Plaintiff alleges personal injuries related to the use of the VentrioTM Hernia Patch, a 

polypropylene mesh medical device manufactured by Defendant for the treatment of hernias. 

Like Plaintiff, there are more than 80 plaintiffs with products liability cases related to the use of 

Defendant’s hernia repair devices made, at least in part, of polypropylene in federal courts across 

the country. Accordingly, on April 10, 2018, pursuant to 28 U.S.C. § 1407, a group of more 

than 50 plaintiffs filed a Motion for § 1407 Coordination/Consolidation & Transfer of Related 

Actions (“MDL Motion”) with the United States Judicial Panel on Multidistrict Litigation 

(“JPML”).1 The MDL Motion seeks to transfer all federal products liability cases, both current 

and subsequently-filed, involving Defendants’ hernia mesh medical devices to a single court for 

purposes of coordination and consolidation of pre-trial proceedings. 

 

1 The MDL Motion and its supporting brief are attached hereto as Exhibits 1 and 2, respectively.

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Should the JPML grant the MDL Motion, Plaintiff’s case would fit squarely within the 

scope of the MDL being requested and would stand to be transferred to the MDL court 

imminently. 

Accordingly, the parties agree and request a stay of all proceedings in this case pending 

the JPML’s decision on the MDL Motion. 

A stay of this nature would serve the interests of justice and judicial economy. As the 

majority of district courts have found in circumstances in which a pending matter would fall 

within the scope of a proposed MDL being considered by the JPML, good cause exists to stay all 

proceedings pending the JPML’s decision. 

Any pretrial management efforts put forth by this Court will be overtaken by the MDL 

court’s pretrial orders, assuming the case is transferred. A stay would prevent any unnecessary 

and duplicative pre-trial proceedings, including discovery and motion practice. See, e.g., Miley 

v. Bristol-Myers Squibb Co., Case No. 0:16-cv-00066-PJS-KMM, 2016 WL 4257596, *1 (D. 

Minn. July 8, 2016) (“The Court agrees that the conservation of judicial resources is best 

served by allowing the JPML the time to determine whether this action should be part of an 

MDL.”)

Moreover, the parties agree that neither party will suffer any prejudice by the issuance of 

a stay.

IT IS SO STIPULATED.

Dated: April 20, 2018 Respectfully submitted,

REED SMITH LLP

/s/ Maryanne C. Woo

Maryanne C. Woo (#6270844)

Reed Smith LLP 

10 South Wacker Drive 

Chicago, Illinois 60606-7507

(312) 207-1000 

mwoo@reedsmith.com

Counsel for Defendant Davol Inc.

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Dated: April 20, 2018 Respectfully submitted,

/s/ Paul O. Otubusin

Paul O. Otubusin

Otubusin & Associates, P.C.

77 West Washington Street, Suite 1204

Chicago, IL 60602

drotubusin@otubusinlaw.com

Counsel for Plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: _______________, 2018

________________________________ 

Honorable Jorge L. Alonso, U.S.D.J.

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