Beni v. Yamaha Motor Corporation U.S.A. et al

Filing 14

ORDER denying without prejudice 12 Motion to Stay. Signed by Magistrate Judge Dennis Howell on 04/24/09. (emw) [Transferred from ncwd on 5/5/2009.]

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA B R Y S O N CITY DIVISION 2 :0 9 cv 2 4 J O H N BENI, P la in t if f, V s. Y A M A H A MOTOR CORPORATION, U .S .A ., a California corporation; Y A M A H A MOTOR MANUFACTURING C O R P O R A T I O N OF AMERICA, a Georgia c o r p o r a tio n ; and YAMAHA MOTOR C O R P O R A T I O N , LTD., a foreign c o rp o ra tio n , D efen d an ts. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

T H I S MATTER is before the court on defendants' Motion to Stay Proceedings P e n d in g the MDL Panel's Decision Regarding Transfer. Having considered

d e fe n d a n ts ' motion and reviewed the pleadings, and it appearing that defendants have n o t reflected consultation with opposing counsel as required by the Local Civil Rules, L .C v .R . 7.1(B), the court enters the following Order.

ORDER I T IS, THEREFORE, ORDERED that defendants' Motion to Stay P ro c e e d in g s Pending the MDL Panel's Decision Regarding Transfer (#12) is

DENIED without prejudice. Counsel for defendants is advised that the Local Civil R u le s apply to potential MDL cases until such matters are transferred.

Signed: April 24, 2009