Rosen v. Unilever United States, Inc.

Filing 55

ORDER VACATING CASE MANAGEMENT CONFERENCE; GRANTING DEFENDANTS' MOTION TO STAY DISCOVERY re (58 in 5:10-cv-00387-JW) Case Management Statement, (53 in 5:09-cv-02563-JW) Case Management Statement. Accordingly, the Court STAYS discovery in both c ases pending resolution of the Motions to Dismiss. The stay is without prejudice to the parties moving for an extension of the discovery cutoff in C 09-02563-JW, should they find it necessary after the Court has ruled on the Motions to Dismiss. In li ght of the stay, the Court VACATES the 4/26/2010 Case Management Conference as to BOTH cases. Please see Order for further specifics. Motions terminated: (50 in 5:10-cv-00387-JW) MOTION to Stay, (53 in 5:10-cv-00387-JW) MOTION Expedited Hearing re Motion to Stay. Signed by Judge James Ware on 4/21/2010. (ecg, COURT STAFF) (Filed on 4/22/2010)

1 2 3 4 5 6 7 8 9 10 Amnon Rosen, et al., Plaintiffs, Evangeline Red, et al., Plaintiffs, v. Unilever United States, Inc., et al., Defendants. / / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-02563 JW NO. C 10-00387 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; GRANTING DEFENDANTS' MOTION TO STAY DISCOVERY

United United States District Court

11
For the Northern District of California

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These related cases are scheduled for a Case Management Conference on April 26, 2010. The parties submitted a Joint Case Management Statement. (See C 09-02563-JW Docket Item No. 54.) The parties disagree as to whether discovery should proceed at this time, in light of the fact that the Court has taken under submission Defendants' Motion to Dismiss in C 09-02563-JW and is set to hear Defendants' Motion to Dismiss in C 10-00387-JW on June 7, 2010. (See id. at 6-8, 10-11.)1 Defendants have moved to stay discovery in both cases. (See C 10-00387-JW Docket Item No. 50.) Upon review of the parties' submissions, the Court finds good cause to stay discovery in both cases pending disposition of Defendants' Motions to Dismiss. Judicial efficiency and cost to the litigants is best served by proceeding with discovery only if these related cases survive the The Court has issued a case schedule in C 09-02563-JW (see Docket Item No. 25), but has not yet done so in C 10-00387-JW.
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Motions to Dismiss. Accordingly, the Court STAYS discovery in both cases pending resolution of the Motions to Dismiss.2 The stay is without prejudice to the parties moving for an extension of the discovery cutoff in C 09-02563-JW, should they find it necessary after the Court has ruled on the Motions to Dismiss. In light of the stay, the Court VACATES the Case Management Conference.3

Dated: April 21, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In light of this Order, the Court DENIES as moot Defendants' Motion to Stay Discovery and Defendants' Administrative Motion to Expedite Briefing Schedule for Defendant Unilever United States, Inc.'s Motion to Stay Discovery. (C 10-00387-JW, Docket Item Nos. 50, 53.) The Court also declines Defendants' request to consolidate the cases and appoint lead class counsel prior to ruling on the Motions to Dismiss. (See Joint Statement at 9-10.) 2
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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Gregory Steven Weston [e-mail] Janelle Jad Sahouria [e-mail] Jared Harrison Beck [e-mail] John Joseph Fitzgerald [e-mail] Kim E. Richman [e-mail] Michael Robert Reese [e-mail] William Lewis Stern [e-mail]

Dated: April 21, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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