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Teperson v. Matrixx Initiatives

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 31, 2009

JOSHUA TEPERSON, ON BEHALF OF HIMSELF AND ALL OTHER CALIFORNIANS SIMILARLY SITUATED, PLAINTIFF,
v.
MATRIXX INITIATIVES, INC., A DELAWARE CORPORATION, AND ZICAM, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, DEFENDANTS.

The opinion of the court was delivered by: 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).

On August 11, 2009, Defendants Matrixx Initiatives, Inc. and Zicam, LLC ("Defendants") filed a motion to stay proceedings in this case pending a ruling on transfer and consolidation by the Judicial Panel on Multidistrict Litigation (the "Panel"). (Doc. No. 11.) The Court scheduled a hearing on the motion for September 21, 2009 at 10:30 a.m.

The parties have since filed, on August 28, 2009, a joint motion to stay proceedings in this case pending a decision by the Panel regarding the transfer and coordination of this action. (Doc. No. 16.)

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

IT IS ALSO ORDERED THAT, that within fourteen (14) days after a decision of the Panel regarding the transfer and coordination of this action, the Parties will notify the Court so as to proceed in a manner consistent with the ruling by the Panel.

IT IS SO ORDERED.

IRMA E. GONZALEZ, Chief Judge United States District Court

20090831

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