Opinion
Case No. 12-cv-05280-JSW
03-07-2013
SEAN BOHAC, on behalf of himself and all others similarly situated, Plaintiff, v. GENERAL MILLS, INC., Defendant.
REESE RICHMAN LLP Michael R. Reese (State Bar No. 206773) THE GOLAN FIRM Yvette Golan Counsel for Plaintiffs and the Proposed Classes CHARLES C. SIPOS (Pro Hac Vice) BREENA M. ROOS (Pro Hac Vice) Counsel for Defendant
REESE RICHMAN LLP
Michael R. Reese (State Bar No. 206773)
THE GOLAN FIRM
Yvette Golan
Counsel for Plaintiffs and the Proposed Classes
JOINT STIPULATION AND
[PROPOSED] ORDER
TO STAY ACTION
Plaintiff Sean Bohac ("Plaintiff") and defendant General Mills, Inc. ("Defendant") (collectively the "Parties") hereby stipulate and agree to the following:
WHEREAS, the case of Janney et al. v. General Mills, Inc., Case No. 12-cv-3919 PJH, currently pending in this District, contains similar claims as the above-captioned action.
WHEREAS, the Janney matter was filed prior to the filing of the above-captioned action;
WHEREAS, Defendant has filed a motion to dismiss in the Janney action, to which the plaintiffs in Janney have filed an opposition;
WHEREAS, the court in the Janney matter has entered an order postponing the Initial Case Management Conference in that case until after a ruling on the motion to dismiss; and
WHEREAS, the Parties want to promote judicial economy and efficiency and believe that those interests would be undermined for briefing to occur in the above-captioned action that is already occurring in the Janney action and would repeat the arguments made in Janney:
The Parties hereby agree and stipulate, pursuant to permission of the Court, to the following:
The above-captioned action, Bohac v. General Mills, Inc., Case No. 12-cv-3919 PJH, is hereby stayed during the pendency of the motion to dismiss briefing in the Janney matter; and,
If any discovery occurs in the Janney matter during the pendency of the motion to dismiss, counsel for Bohac shall also be allowed to engage in that discovery.
STIPULATED AND AGREED TO BY:
REESE RICHMAN LLP
_______________
MICHAEL R. REESE (206773)
mreese@reeserichman.com
875 Avenue of the Americas, 18th Floor
New York, New York 10001
Counsel for Plaintiff
PERKINS COIE LLP
_______________
CHARLES C. SIPOS (Pro Hac Vice)
BREENA M. ROOS (Pro Hac Vice)
Counsel for Defendant
[PROPOSED] ORDER
For the reasons stated in the Parties' stipulation, and for good cause shown, the above-captioned matter is hereby stayed during the pendency of the motion to dismiss pending in the matter of Janney v. General Mills, Inc., Case No. 12-cv-3919 PJH, currently pending in this District. Counsel for plaintiff Bohac shall be allowed to participate in any discovery that is conducted in the Janney action that may occur during the pendency of the motion to dismiss in the Janney action.
SO ORDERED.
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HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE