Vengris v. Performance Food Group, Inc. et al

Northern District of California, cand-4:2015-cv-03223

ORDER re motion to dismiss and/or strike. Signed by Judge Hamilton on 9/30/2015. (pjhlc2, COURT STAFF)

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DWAYNE VENGRIS, Case No. 15-cv-3223-PJH 8 Plaintiff, 9 v. ORDER RE MOTION TO DISMISS AND/OR STRIKE 10 PERFORMANCE FOOD GROUP, INC., 11 Defendant. 12 Northern District of California United States District Court 13 14 On September 28, 2015, the parties in the above-captioned case filed a joint 15 stipulation to hold in abeyance defendant's motion to dismiss and/or strike the complaint. 16 The stipulation informs the court that the parties in a related case are in the process of 17 finalizing a class action settlement that, if approved, would result in the mooting of the 18 class action claims in this case and in the pursuit of an individual settlement of plaintiff's 19 individual claims. Accordingly, the parties request that the pending motion to dismiss 20 and/or strike be held in abeyance. 21 The court agrees that it is preferable to defer consideration of the motion at this 22 time. However, for administrative purposes, rather than hold the motion in abeyance, the court hereby TERMINATES defendant's motion, without prejudice to re-noticing the 23 motion should the need arise. If the parties decide to go forward with the motion, 24 defendant shall contact the courtroom deputy about desired dates for the hearing and 25 then may re-notice the motion for hearing on any available date. In that event, the parties 26 need not re-file the briefs that have already been submitted. 27 28 1 IT IS SO S ORDER RED. 2 Da ated: Septe ember 30, 2015 2 3 __ __________ __________ __________ _______ PH HYLLIS J. HHAMILTON 4 Un nited Statess District Ju udge 5 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2