Smith v. The Procter & Gamble Co.

Filing 29

ORDER re 28 Joint Letter Dated August 22, 2012. Signed by Magistrate Judge Elizabeth D. Laporte on August 28, 2012. (edllc2, COURT STAFF) (Filed on 8/28/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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CHERISH M. SMITH, as an individual, and
on behalf of all other similarly situated,
No. 12-557 EDL
Plaintiff,

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ORDER RE: JOINT LETTER DATED
AUGUST 22, 2012

v.
THE PROCTOR & GAMBLE CO., an Ohio
corporation doing business as CREST,

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Defendants.
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On April 10, 2012, the Court entered a stipulation and order staying this case until resolution
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by the Judicial Panel on Multidistrict Litigation of a motion to transfer this case and two others to
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the Southern District of Ohio where a fourth case was pending. In a letter dated August 22, 2012,
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the parties informed the Court that the JPML denied the motion to transfer on June 11, 2012, leaving
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the four cases to be heard in their original districts. Thus, the stay that the Court imposed in this
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case on April 10, 2012 is lifted.
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In their joint letter dated August 22, 2012, the parties address the disposition of Defendant’s
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Motion to Dismiss, which was filed on March 29, 2012. Both sides appear to seek resolution of
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Defendant’s Motion without any further briefing. The parties attached the District of New Jersey’s
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decision on a motion to dismiss in a similar case for the Court’s consideration: Rossi v. The Proctor
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& Gamble Co., Case No. 2:11-cv-7238 (JLL). Accordingly, the Court will take Defendant’s Motion
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under submission. The Court will inform the parties if it requires a hearing on the Motion. If
applicable upon resolution of Defendant’s Motion to Dismiss, the Court will set a case management

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conference.

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IT IS SO ORDERED.

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Dated: August 28, 2012

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
For the Northern District of California

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