Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

Proposed Order Staying Action Pending Appel of Related Case

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Case4: 15-cv-03243-PJH Document29-1 Filed09/15/15 Page1 of 3 co N UN A W N-9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 13 Case No. 15-cv-03243-PJH JEFF JONAH, an individual, on behalf of himself, the general public and those similarly situated, 14 Assigned to: Hon. Phyllis J. Hamilton Plaintiff, PROPOSED) ORDER STAYING ACTION PENDING APPEAL OF RELATED CASE 16 V. Complaint Filed: June 9, 2015) Trial Date: None Set 17 KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK WORLDWIDE, INC.; KIMBERLY-CLARK GLOBAL SALES LLC; and DOES 1 through 50 19 Defendants. 20 22 23 24 25 26 27 28 ORDER STAYING ACTION PENDING APPEAL OF RELATED CASE CASE NO. 15-CV-03243-PJH Case4: 15-cv-03243-PJH Document29-1 Filed09/15/15 Page2 of 3 The Court, having reviewed the Parties' Joint Stipulation to Stay this Action Pending the Appeal of the Related Case, Davidson v. Kimberly-Clark Corporation, et al., case number 14-cv 1783-PJH (the " Davidson Action "), and good cause appearing therefore, HEREBY MAKES THE FOLLOWING ORDER: 1. All current deadlines, hearing dates, and court conferences are vacated and this action is stayed in its entirety, including with respect to discovery, pending a ruling from the Ninth Circuit E 0 0 N o un » w n in the Davidson Action; 2. Defendants' pending motion to dismiss and request for judicial notice (Doc. Nos. 27, 28) are deemed withdrawn without prejudice to Defendants' right to file it or any other motion or a responsive pleading in response to Plaintiff's Amended Complaint following a ruling by the Ninth Circuit in the Davidson Action, and without prejudice to Plaintiffs right to respond to any such motion or responsive pleading or to seek to further amend his Complaint; 3. Upon ruling by the Ninth Circuit in the Davidson Action, the Parties shall meet and confer as to the impact of that ruling and as to the Parties' proposed going-forward plan; and 13 14 15 Any Party shall have the right to move the Court to lift the stay for good cause. 17 SO ORDERED: 19 Dated: 20 Hon. Phyllis J. Hamilton 21 Chief Judge of the United States District Court for the 22 Northern District of California 24 28 1 ORDER STAYING ACTION PENDING APPEAL OF RELATED CASE CASE NO. 15-CV-03243-PJH Case4: 15-CV-03243-PJH Document29-1 Filed09/15/15 Page3 of 3 PROOF OF SERVICE Jonah v. Kimberly-Clark Corporation o O. N O Un w N United States District Court, for the Northern District of California, Case No. 15-cv-03243-PJH I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Sidley Austin LLP, 555 West Fifth Street, Suite 4000, Los Angeles, California 90013. On September 15, 2015, I served the foregoing document(s) described as: [PROPOSED] ORDER STAYING ACTION PENDING APPEAL OF RELATED CASE on the persons indicated below who have not registered as ECF users in this action: Stuart E. Scott Attorneys for Plaintiff, JEFF JONAH, in SPANGENBERG SHIBLEY & LIEBER LLP Jonah v. Kimberly-Clark Corporation, et al., 1001 Lakeside Avenue East, Suite 1700 Case No. 4: 15-cv-03243 Cleveland, OH 44114 T: 216-696-3232 F: 216-696-3924 E: sscott@spanglaw.com (VIA U. S. MAIL) I served the foregoing document(s) by U. S. Mail, as follows: I placed true) copies of the document(s) in a sealed envelope addressed to each interested party as shown above. I placed each such envelope with postage thereon fully prepaid, for collection and mailing at Sidley Austin LLP, Los Angeles, California. I am readily familiar with Sidley Austin LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 15, 2015, at Los Angeles, California.--& a & & & & & & A Mirna Thompson PROOF OF SERVICE