Marsh v. McCormick & Company, Inc.

Filing 9

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 8/19/15. These proceedings are STAYED pending resolution by the JPML of McCormick's motion to transfer. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOLLY MARSH, as an individual,
and on behalf of all others similarly
situated,

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Plaintiff,
v.
MCCORMICK & COMPANY,
INC.,
Defendant.

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Case No. 2:15-cv-1625-MCE-EFB
ORDER GRANTING STIPULATION
TO STAY THE CASE PENDING
RESOLUTION OF MOTION TO
TRANSFER BY JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
Date:
N/A
Time:
N/A
Courtroom: 7, 14th Floor 4B
Judge:
Hon. Morrison C. England, Jr.

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DLA PIPER LLP (US)

SAN DIEGO

EAST\103421983.1

ORDER GRANTING STIPULATION TO STAY CASE PENDING JPML
CASE NO. 2:15-CV-1625-MCE-EFB

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On August 13, 2015, the parties filed a Stipulation to Stay the Case Pending

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Resolution of Motion to Transfer by Judicial Panel on Multidistrict Litigation

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(“Stipulation”). The parties requested an Order from the Court (1) staying these

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proceedings pending resolution by the U.S. Judicial Panel on Multidistrict

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Litigation (the “JPML”) of Defendant McCormick & Company, Inc.’s

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(“McCormick”) Motion for Transfer of Related Pepper Product Actions for

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Coordinated or Consolidated Pretrial Proceedings (“Motion to Transfer”) and (2) in

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the event this case is not ultimately transferred by the JPML, directing the parties to

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contact this Court within 10 days of the JPML’s decision not to transfer the case to

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request a scheduling conference in regard to an appropriate scheduling order which

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includes the time for McCormick to respond to the operative complaint.

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Having considered the Stipulation, and good cause appearing therefore, the
Stipulation is GRANTED and the Court orders as follows:
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These proceedings are stayed pending resolution by the JPML of

McCormick’s Motion to Transfer; and
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In the event this case is not ultimately transferred by the JPML,

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directing the parties to contact this Court within 10 days of the JPML’s decision not

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to transfer the case to request a scheduling conference in regard to an appropriate

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scheduling order which includes the time for McCormick to respond to the

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operative complaint.

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IT IS SO ORDERED.
Dated: August 19, 2015

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DLA PIPER LLP (US)

SAN DIEGO

EAST\103421983.1

ORDER GRANTING STIPULATION TO STAY CASE PENDING JPML
CASE NO. 2:15-CV-1625-MCE-EFB