Payne et al v. Menu Foods, Inc. et al

Filing 43

ORDER granting 6 Defendant Menu Foods Inc's Motion to Stay. Signed by Judge John A. Houston on 06/08/07. (jpp, )

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Payne et al v. Menu Foods, Inc. et al Doc. 43 Case 3:07-cv-00705-JAH-CAB Document 43 Filed 06/08/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Menu Foods, Inc. filed a motion seeking a stay of all proceedings pending a decision by the Judicial Panel on Multidistrict Litigation ("MDL Panel") on transfer pursuant to 28 U.S.C. 1407 and class certification pursuant to Federal Rule of Civil Procedure 23(d)(1). Defendants Petco Animal Supplies and the Proctor & Gamble Company joined in the motion. Although plaintiff failed to file an opposition to the motion within the time frame permitted for filing such pleadings, plaintiff filed, on June 1, 2007, an objection to the motion on the grounds that a stay pending class certification could last "months even years," thereby prejudicing plaintiff. See Doc. # 36 at 3. In response to the objection, defendant Menu Foods, Inc. agreed to withdraw its request to 07cv0705 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ROBERT PAYNE and STEVE BARTILUCCI, v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No.07CV0705 JAH(CAB) ORDER GRANTING DEFENDANT MENU FOODS, INC.'S MOTION TO STAY [DOC. # 6] MENU FOODS, INC., a New Jersey corporation, PETCO ANIMAL SUPPLIES, INC., a Delaware corporation, SAFEWAY, INC., a Delaware corporation, THE PROCTOR & GAMBLE COMPANY, a Ohio corporation, and DOES 1 through 50, inclusive, Defendants. Dockets.Justia.com Case 3:07-cv-00705-JAH-CAB Document 43 Filed 06/08/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 stay pending class certification but requests a stay pending only a decision on transfer by the MDL Panel. Doc. # 39. This Court finds it appropriate to grant defendant Menu Foods, Inc.'s stay request but only until the MDL Panel renders a decision on transfer. Accordingly, IT IS HEREBY ORDERED that defendant Menu Foods, Inc.'s motion to stay proceedings is GRANTED and the instant case is STAYED for sixty (60) days from the date this Order is filed or until the MDL Panel issues a decision on plaintiff's transfer request. Should no decision be reached within the sixty day period, plaintiff shall file a status report with this Court no later than ten (10) days prior to the expiration of the sixty day period advising the Court of the status of the transfer proceedings. Dated: June 8, 2007 HON. JOHN A. HOUSTON United States District Judge 2 07cv0705

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