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Epstein v. Tyson Foods

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 24, 2008

EILEEN EPSTEIN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
TYSON FOODS, INC., A DELAWARE CORPORATION, DEFENDANT.

UNOPPOSED MOTION TO STAY PROCEEDINGS and [PROPOSED] ORDER UNOPPOSED MOTION TO STAY PROCEEDINGS

This action is one of at least ten putative class actions filed against Tyson Foods, Inc. in which Plaintiffs sue on behalf of themselves and a proposed class of consumers who purchased Tyson's "Raised Without Antibiotics" or "Raised Without Antibiotics that impact antibiotic resistance in humans" chicken or chicken products.*fn1 The Plaintiffs in two of these cases, Cutsail v. Tyson Foods, Inc., and Cohen v. Tyson Foods, Inc., have petitioned the Judicial Panel on Multidistrict Litigation to transfer all of these actions to a single court for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. §1407.

The parties respectfully request a brief stay of the proceedings in this Court while the Panel considers the merits of that petition. Permitting further proceedings here, before a transfer by the Panel to another court, would needlessly waste this Court's and the parties' time and resources, and could result in inconsistent rulings.

To promote judicial economy and to avoid prejudice to the parties, the parties respectfully request a stay of all proceedings in this action for an initial term of 90 days. Should the Panel not render a decision within 90 days, the parties will confer and file a status report with the Court within ten business days after the 90-day period elapses, stating the parties' positions on whether the stay should be lifted or extended.

Counsel for Defendant Tyson Foods, Inc. does not oppose this motion.

Dated: July 23, 2008

Having no objection.

[PROPOSED] ORDER

Upon Stipulation of the parties, and good cause appearing,

1. All proceedings in this action are STAYED as to all parties for an initial period of 90 days from the date of this Order.

2. If the Judicial Panel on Multidistrict Litigation does not render a ruling on the petition for coordination or consolidation of pretrial proceedings pursuant to 28 U.S.C. §1407 within 90 days from the date of this Order, then within ten business days after the 90-day period elapses, the parties will confer and file a status report with the Court stating the parties' positions whether the stay should be lifted or extended.

3. The parties shall notify the Court by letter of the Panel's decision regarding the transfer and coordination within five business days after the decision is received.

4. The Case Management Conference is CONTINUED from September 5, 2008 to November 14, 2008. A Joint Case Management Statement shall be filed no later than Nov. 7, 2008.

IT IS SO ORDERED.


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