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Bongo Burger, Inc. v. Tecumseh Products Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 29, 2009

BONGO BURGER, INC., ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF.
v.
TECUMSEH PRODUCTS COMPANY; TECUMSEH COMPRESSOR COMPANY; TECUMSEH DO BRASIL, LTDA.; TECUMSEH DO BRASIL USA,LLC; DANFOSS A/S; DANFOSS, INC.; DANFOSS COMMERCIAL COMPRESSORS, LTD.; DANFOSS SCROLL TECHNOLOGIES, LLC; DANFOSS TURBOCOR COMPRESSORS, INC.; DANFOSS COMPRESSOR, LLC;WHIRLPOOL CORPORATION; WHIRLPOOL, S.A.; EMBRACO NORTH AMERICA, INC.; PANASONIC CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; APPLIANCES COMPONENTS COMPANIES, SPA., ACC USA, LLC, EMERSON CLIMATE TECHNOLOGIES, INC.; COPELAND CORPORATION, LLC; CR COMPRESSORS LLC; AND SCROLL COMPRESSORS LLC, DEFENDANTS.

The opinion of the court was delivered by: Hon. Maxine M. Chesney United States District Judge

[PROPOSED] ORDER GRANTING CERTAIN DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING DETERMINATION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION OF MOTIONS TO TRANSFER PURSUANT TO 28 U.S.C. § 1407

The Court finds that issuing a stay of all further proceedings in this matter, pending resolution by the JPML of several motions for transfer and consolidation, would avoid "unnecessarily duplicative litigation, an inefficient use of judicial resources, and the risk of inconsistent results."

Bogard v. Merck & Co., Inc., No. C-06-6917 SC, 2007 U.S. Dist. LEXIS 12343, at *3 (N.D. Cal. Feb. 7, 2007) (citation omitted).

For good cause shown and based on unopposed determination filed May 29, 2009, the Court hereby grants the moving defendants' request for stay.

IT IS HEREBY ORDERED that:

This proceeding is stayed pending transfer of this action by the Judicial Panel for Multidistrict Litigation, as to whether the above-titled action should be transferred.

If, as of July 31, 2009, the action has not been transferred, the parties are hereby DIRECTED to file a Joint Status Report no later than 10 days thereafter.

IT IS SO ORDERED

20090629

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