O'Connor et al v. Syngenta AG et al

Filing 15

ORDER by Judge Haywood S. Gilliam, Jr. Granting #12 Stipulation for Stay Pending Potential Transfer of Action by the Judicial Panel on Multidistrict Litigation. (ndr, COURT STAFF) (Filed on 4/28/2021)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

TIMOTHY O’CONNOR and CAROLYN
O’CONNOR,
Civil Action No. 4:21-cv-02495

Plaintiffs,

The Honorable Haywood S. Gilliam
Jr.

v.
SYNGENTA AG, SYNGENTA CROP
PROTECTION LLC, CHEVRON U.S.A., INC. and
DOES 1 through 60 inclusive,
Defendants.

JOINT STIPULATION AND MOTION FOR STAY
PENDING POTENTIAL TRANSFER OF THIS ACTION BY THE
JUDICIAL PANEL ON MULTIDISTRICT LITIGATION; ORDER THEREON
Plaintiffs and Syngenta Crop Protection, LLC (“Syngenta”) respectfully submit this joint
stipulation and motion in order to request the relief described as follows:
WHEREAS, Plaintiffs initiated this action on April 7, 2021, see Dkt. #1, and served
Syngenta on April 13, 2021;
WHEREAS, the Judicial Panel on Multidistrict Litigation (“JPML”) is currently
considering a petition to transfer this and other cases into federal Multidistrict Litigation (“MDL”)
for coordinated or consolidated proceedings under 28 U.S.C. § 1407, and has scheduled the matter
for its May 27, 2021 hearing session, see In re Paraquat Prod. Liab. Litig., MDL No. 3004
(J.P.M.L. Apr. 15, 2021), ECF No. 17;
WHEREAS, Plaintiffs and Syngenta agree that a stay pending potential MDL transfer will
help ensure efficiency and judicial economy given the potential transfer of this matter in an MDL
proceeding;

1
STIPULATION FOR STAY

Case No.:

-cv-04295

WHEREAS, this Court has the inherent power to grant a stay, see Landis v. No. Am. Co.,
299 U.S. 248, 254–55 (1936); and
WHEREAS, courts routinely stay cases pending a JPML decision in order to conserve
party and judicial resources and avoid inconsistent results, see, e.g., JBR, Inc. v. Keurig Green
Mountain, Inc., No. 2:14–cv–00677, 2014 WL 1767701, at *3 (E.D. Cal. May 2, 2014) (“[T]his
court’s investment of resources would be a waste of judicial resources . . . . [J]udicial economy . .
. weighs in favor of a stay.”; Franklin v. Prospect Mortg., LLC, No. 2:13-cv-00790, 2013 WL
6423389, at *2 (E.D. Cal. Dec. 9, 2013) (“[A] stay would promote judicial economy and efficiency
by preventing any possible duplicative efforts by this Court.”); Palmer v. Am. Honda Motor Co.,
Inc., No. CV 07–1904, 2008 WL 54914, *1 (D. Ariz. Jan. 3, 2008) (“The Court concludes that this
matter should be stayed pending a decision on MDL transfer. A stay will conserve judicial
resources by avoiding duplicative litigation in the . . . districts now considering similar actions.”);
Good v. Prudential Ins. Co. of Am., 5 F. Supp. 2d 804, 809 (N.D. Cal. 1998) (“The purpose of such
transfers is to further judicial economy and to eliminate the potential for conflicting pretrial rulings
. . . . Courts frequently grant stays pending a decision by the MDL panel[.]”); Rivers v. Walt Disney
Co., 980 F. Supp. 1358, 1362 (C.D. Cal. 1997) (“If this case is consolidated with the other cases .
. . this Court will have needlessly expended its energies familiarizing itself with the intricacies of
a case that would be heard by another judge . . . . [A] majority of courts have concluded that it is
often appropriate to stay preliminary pretrial proceedings while a motion to transfer and
consolidate is pending with the MDL Panel.”);
WHEREUPON, Plaintiffs and Syngenta jointly request entry of an order providing that
this case, including the deadline for responsive pleadings, is stayed pending the potential transfer
of this case by the Judicial Panel on Multidistrict Litigation.

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STIPULATION FOR STAY

Case No.: :21-cv-04295

April 26, 2021

Respectfully submitted,

THE MILLER FIRM, LLC

GORDON REES SCULLY MANSUKHANI

/s/ Curtis G Hoke
Curtis G. Hoke (SBN 282465)
THE MILLER FIRM, LLC
108 Railroad Avenue
Orange, Virginia 22960
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiffs

/s/ Don Willenburg
Don Willenburg
GORDON REES SCULLY MANSUKHANI
1111 Broadway, Suite 1700
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Syngenta Defendants

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED
So ordered this

day of

2021.

Honorable Haywood S. Gilliam Jr.

UNITED STATES DISTRICT JUDGE

3
STIPULATION FOR STAY

Case No.: :21-cv-04295