Fraser v. ASUS Computer International et al

Filing 20

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.
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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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