Teperson v. Matrixx Initiatives, Inc. et al

Filing 17

ORDER denying as moot Defendants' 11 Motion to Stay Proceedings; granting 16 Joint Motion to Stay Case. Hearing scheduled for 9/21/2009 on Dfts' prior motion is vacated. Pursuant to the joint motion there will be a stay of: a) all pretr ial activity in this case, b) the period for initial disclosures pursuant to FRCP 26, and c) all other discovery and discovery pretrial deadlines, pending a decision by the Panel regarding transfer and coordination of this action. It is ordered that w/in 14 days after a decision of the Panel, parties will notify Court so as to proceed in a manner consistent w/ the ruling by the Panel. Signed by Judge Irma E. Gonzalez on 8/31/2009. (jah) (jrl).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOSHUA TEPERSON, on behalf of similarly situated, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-CV-1358 IEG POR Hon. Irma E. Gonzalez Courtroom 1 ORDER: (1) GRANTING JOINT MOTION TO STAY PROCEEDINGS (Doc. No. 16); and (2) DENYING AS MOOT DEFENDANTS' MOTION TO STAY PROCEEDINGS (Doc. No. 11).

14 himself and all other Californians 15 16 17

Plaintiff, vs. MATRIXX INITIATIVES, INC., a LLC, an Arizona limited liability Defendants.

18 Delaware corporation, and ZICAM, 19 company, 20 21 22 23

On August 11, 2009, Defendants Matrixx Initiatives, Inc. and Zicam, LLC

24 ("Defendants") filed a motion to stay proceedings in this case pending a ruling on 25 transfer and consolidation by the Judicial Panel on Multidistrict Litigation (the 26 "Panel"). (Doc. No. 11.) The Court scheduled a hearing on the motion for 27 September 21, 2009 at 10:30 a.m. 28
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Case No.: 09-cv-1358 IEG POR ORDER TO STAY CASE

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The parties have since filed, on August 28, 2009, a joint motion to stay

2 proceedings in this case pending a decision by the Panel regarding the transfer and 3 coordination of this action. (Doc. No. 16.) 4 5 6 7 8

Good cause appearing, the Court GRANTS the parties' joint motion, DENIES AS MOOT Defendants' prior motion to stay the proceedings, and VACATES the hearing on Defendants' prior motion. IT IS HEREBY ORDERED THAT, pursuant to the joint motion, that there

9 will be a stay of: (a) all pre-trial activity in this case; (b) the period for initial 10 disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure; and (c) all 11 other discovery and pre-trial deadlines, pending a decision by the Panel regarding 12 the transfer and coordination of this action. 13

IT IS ALSO ORDERED THAT, that within fourteen (14) days after a

14 decision of the Panel regarding the transfer and coordination of this action, the 15 Parties will notify the Court so as to proceed in a manner consistent with the ruling 16 by the Panel. 17 18 19 DATED: August 31, 2009 20 21 22 23 24 25 26 27 28
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Case No.: 09-cv-1358 IEG POR ORDER TO STAY CASE

IT IS SO ORDERED.

IRMA E. GONZALEZ, Chief Judge IRMA Chief Judge United States District Court United States District Court

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