E.K.D. et al v. Facebook, Inc.

Filing 139

ORDER RE POTENTIAL STAY OF PROCEEDINGS. Signed by Judge Seeborg on 12/14/2012. (rslc1, COURT STAFF) (Filed on 12/14/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 11 For the Northern District of California United States District Court 10 12 13 14 C.M.D, etc., et al. Plaintiffs, v. No. C 12-1216 RS ORDER RE POTENTIAL STAY OF PROCEEDINGS FACEBOOK, INC., Defendant. 15 16 ____________________________________/ 17 18 Subsequent to the time the pending motion to dismiss in this action was taken under 19 submission, an order issued preliminarily approving a settlement in Fraley v. Facebook, C 11-01726 20 RS. In connection with seeking leave to intervene in Fraley, plaintiffs represented that a prior 21 version of a settlement agreement in Fraley would, if approved and consummated, “wipe out all” of 22 the claims in this action. Plaintiffs now contend that the scope of the proposed release in Fraley is 23 unclear, and they object to Facebook’s suggestion that this action be stayed pending the final 24 approval hearing in Fraley. 25 While the propriety of final approval of the Fraley settlement is yet to be determined, there 26 is a substantial likelihood that further proceedings in that matter will have an impact here. Even 27 assuming the Fraley settlement, if approved, would not entirely dispose of this action, it conceivably 28 will narrow the claims these plaintiffs here can pursue, thereby requiring further amendment of the 1 complaint. At a minimum, it appears likely that further briefing regarding the impact of Fraley on 2 the claims here may become necessary. 3 Plaintiffs understandably complain that Facebook has not formally moved for a stay in this Conference Statement. Nevertheless, proceeding with a fully-noticed stay motion at this juncture 6 would not serve judicial efficiency. Accordingly, within 20 days of the date of this order, plaintiffs 7 may file a brief setting forth any arguments they may have as to why this action should not be 8 stayed pending a ruling on final settlement approval in Fraley, and/or any alternative proposals for 9 addressing the potential effect of the Fraley proceedings on the pending motion to dismiss and the 10 balance of this litigation. Within seven days thereafter, Facebook may file a response. The Case 11 For the Northern District of California action and should not be able to obtain one merely by proposing it in a Case Management 5 United States District Court 4 Management Conference set for December 20, 2012 is continued to February 14, 2013 at 10:00 a.m. 12 13 14 IT IS SO ORDERED. 15 16 17 Dated: December 14, 2012 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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