Fraser v. ASUS Computer International et al
Filing
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ORDER DENYING REQUEST TO STAY PROCEEDINGS by Hon. William Alsup denying 19 Stipulation.(whalc2, COURT STAFF) (Filed on 5/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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COLIN FRASER, individually and on
behalf of all others similarly situated,
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Plaintiff,
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No. C 12-00652 WHA
ORDER DENYING REQUEST
TO STAY PROCEEDINGS
v.
ASUS COMPUTER INTERNATIONAL, a
California Corporation, ASUSTEK
COMPUTER, INC., a Taiwanese
Corporation,
Defendants.
/
This is a putative class action. The parties have submitted a stipulation and proposed
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order stating, “[t]he Parties in the above-captioned matter have recently begun discussing a
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potential resolution of the action,” and have requested a temporary stay of proceedings in order
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“to discuss resolution further” (Dkt. No. 19 at 2). On February 13, 2012, the Court issued a
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notice regarding factors to be evaluated for any proposed class settlement. In relevant part, the
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notice stated: “Counsel should remember that merely filing a putative class complaint does not
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authorize them to compromise the rights of absent parties. If counsel believes settlement
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discussions should precede a class certification, a motion for appointment of interim class
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counsel must first be made” (Dkt. No. 6 at 4). No such motion has been made. Counsel shall not
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engage in settlement discussions prior to appointment of interim class counsel. The
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motion to stay proceedings to permit discussion of a potential resolution of this putative class
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action is DENIED. All deadlines remain.
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IT IS SO ORDERED.
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Dated: May 3, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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