Giampaoli et al v. Anheuser-Busch Companies, LLC

Filing 22

ORDER by Judge Edward M. Chen Granting 11 Plaintiffs' Motion to Stay. (emcsec, COURT STAFF) (Filed on 4/23/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NINA GIAMPAOLI, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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No. C-13-0828 EMC

ANHEUSER-BUSCH COMPANIES, LLC,

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ORDER GRANTING PLAINTIFFS’
MOTION TO STAY

Defendant.
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(Docket No. 11)
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Currently pending before the Court is Plaintiffs’ motion to stay this matter until the Judicial

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Panel on Multidistrict Litigation (JPML) rules on Plaintiffs’ motion to transfer and consolidate this

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and five other cases. Based on its review of the papers, the Court concludes a hearing on the motion

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is not necessary and a ruling may be issued based on the papers alone.

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Courts considering motions to stay pending a JPML ruling should take into account: (1) the

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possibility of hardship or prejudice to the parties; and (2) the interest of conserving judicial

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resources. See, e.g., Genetic Techs. Ltd. v. Agilent Techs., Inc., No. C-12-1616 RS, 2012 WL

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2906571, at *2 (N.D. Cal. July 16, 2012). A stay of this matter would result in minimal prejudice to

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Defendant. The JPML hearing on Plaintiffs’ motion to transfer and consolidate is currently

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scheduled for May 30, 2013, suggesting that a stay would be in effect for only a short period of time.

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If the JPML denies Plaintiffs’ motion, this Court can quickly resume consideration of Defendant’s

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pending motion to dismiss. If the JPML grants the motion, staying this action serves judicial

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economy, as a potential transferee court could consider similar legal and factual questions in a

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coordinated fashion.

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Thus, the Court GRANTS Plaintiffs’ motion to stay and stays this action pending resolution

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of Plaintiffs’ motion to transfer and consolidate currently before the JPML. The Court hereby stays

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all pending deadlines in the case and takes off calendar the hearings for Plaintiffs’ motion to stay

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and Defendant’s motion to dismiss. The case management conference is re-set for June 20, 2013.

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Plaintiff’s motion to shorten time is denied as moot.

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This order disposes of Docket Nos. 11 and 16.

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IT IS SO ORDERED.

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Dated: April 23, 2013

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For the Northern District of California

United States District Court

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_________________________
EDWARD M. CHEN
United States District Judge

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