Sangimino et al v. Bayer Corporation et al

Filing 21

ORDER DENYING REQUEST TO STAY BRIEFING ON MOTION TO DISMISS by Hon. William Alsup denying 19 Motion to Stay.(whalc1, COURT STAFF) (Filed on 4/3/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ELIZABETH ANN SANGIMINO, et al., 11 For the Northern District of California United States District Court 10 12 13 14 Plaintiffs, No. C 17-01488 WHA v. BAYER CORP, et al., ORDER DENYING REQUEST TO STAY BRIEFING ON MOTION TO DISMISS Defendants. / 15 16 This action was reassigned to the undersigned judge on March 30. The next day, 17 plaintiffs moved to remand and separately moved to stay all other proceedings, including 18 briefing on defendants’ already-pending motion to dismiss until the issue of subject-matter 19 jurisdiction presented in the motion to remand is resolved. The issues in defendants’ motion to 20 dismiss are closely related to their alleged basis for removal, and the Court will benefit from 21 reviewing the briefing on both motions before ruling on either one, if not hearing argument on 22 both simultaneously. Accordingly, plaintiffs’ motion to stay is DENIED. This is without 23 prejudice to a stipulation setting a schedule for full briefing and oral argument on both motions 24 simultaneously. 25 26 27 28 1 2 Separately, this order notes that defendants have not yet renoticed their motion to dismiss following reassignment to the undersigned judge. 3 4 IT IS SO ORDERED. 5 6 Dated: April 3, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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