TracFone Wireless, Inc. v. LG Chemical Ltd. et al

Filing 34

ORDER RESETTING HEARING ON DEFENDANTS' MOTION TO DISMISS CLAIMS UNDER FLORIDA LAW. Set/Reset Deadlines as to (1017 in 4:13-md-02420-YGR) Joint MOTION to Dismiss TracFone Wireless Inc.'s Claims Under Florida Law, (25 in 4:15-cv- 02199-YGR) Joint MOTION to Dismiss TracFone Wireless, Inc.'s Claims Under Florida Law. Motion Hearing set for Friday, 11/18/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 3/18/16. (fs, COURT STAFF) (Filed on 3/18/2016)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 IN RE: LITHIUM ION BATTERIES ANTITRUST LITIGATION Master File No. 13-MD-2420 YGR 6 7 This Order Relates to: 8 TRACFONE WIRELESS, INC., Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 15-CV-02199-YGR v. LG CHEMICAL LTD., ET AL., ORDER RESETTING HEARING ON DEFENDANTS’ MOTION TO DISMISS CLAIMS UNDER FLORIDA LAW Defendants. 13 14 On March 9, 2016, the Court vacated the hearing on defendants’ joint motion to dismiss 15 plaintiff TracFone Wireless, Inc.’s claims under Florida law (Master File, Dkt. No. 1017; Case 16 No. 15-CV-2199, Dkt. No. 25) and ordered supplemental briefing addressing why this Court 17 should not delay ruling on the motion until later in the case, when similar issues may arise in 18 connection with the underlying multidistrict litigation. (Dkt. No. 1139.) Plaintiff TracFone 19 Wireless, Inc. “does not object to that course of action.” (Dkt. No. 1155 at 1.) Defendants, while 20 requesting an immediate decision, concede “any decision [now reached] may become the ‘law of 21 the case,’ or at least serve as persuasive authority in the underlying multi-district litigation.” (Dkt. 22 No. 1156 at 3.) Having reviewed the filings and considered the arguments presented therein, the 23 Court defers ruling on the pending motion at this time and SETS a hearing on the motion on 24 Friday, November 18, 2016 at 2 p.m. 25 26 27 28 IT IS SO ORDERED. Dated: March 18, 2016 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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