Charleston and Jones, LLC et al v. Uponor, Inc. et al

Filing 57

ORDER Granting 38 Motion to Stay. This action is stayed pending the opinion and mandate in Ninth Ciruit Case No. 10-15439, except as to 32 Pending Motion to Sever Claims. Signed by Judge Kent J. Dawson on 2/27/12. (Copies have been distributed pursuant to the NEF - EDS)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 CHARLESTON AND JONES, LLC, et al., 11 Plaintiffs, Case No. 2:11-CV-01637-KJD-GWF ORDER 12 v. 13 UPONOR, INC., et al., 14 Defendants. 15 16 Before the Court is the Motion for Stay (#38) filed by Defendants Uponor, Inc. and Uponor 17 North America, Inc. (Collectively “Uponor Defendants”). Defendants Vanguard Piping Systems 18 Inc., Viega, LLC, Viega, Inc., and Viega NA, Inc. (Collectively “Vanguard Defendants”) filed a 19 response. Plaintiff Charleston and Jones, LLC and Copper Creek II, LLC filed a notice of non- 20 opposition (#45). 21 The Uponor Defendants moved for a stay of this action pending: 1) a ruling on a Motion to 22 Transfer before the United States Judicial Panel on Multidistrict Litigation; and, 2) resolution of an 23 appeal in Ninth Circuit Case No. 10-15439, which addresses issues pertinent to this case. Similar 24 cases pending in this District have been stayed pending the outcome of the MDL Panel decision and 25 the appeal. 26 1 Plaintiffs did not oppose the Motion. The Vanguard Defendants requested that the stay be 2 limited so that the Court could rule on the pending Motion to Sever Claims (#32). No party has 3 objected to this request. The MDL Panel denied the request to transfer (#53) on February 9, 2012. 4 However, Case No. 10-15439 is still pending before the Ninth Circuit. 5 Accordingly, IT IS HEREBY ORDERED that this action is STAYED pending the 6 opinion and mandate in Ninth Circuit Case No. 10-15439, except as to the pending Motion to Sever 7 Claims (#32). 8 DATED this 27th day of February 2012. 9 10 11 12 _____________________________ Kent J. Dawson United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?