Summary
The United States District Court for the Northern District of California denied Pharmavite LLC and Nature Made Nutritional Products’ motion to stay the proceedings and discovery pending resolution of an appeal in Bowler v. Nestlé Health Science, U.S., LLC. Applying the Landis factors, the court concluded that the early and uncertain stage of the appeal and the risk of further prolonging the case weighed against a stay.
Holdings
- The court denied the requested stay because the uncertain timing and possible limited precedential effect of the Bowler appeal, together with the risk of further prolonging the case, weighed against a stay.
Questions Presented
- Whether the court should exercise its inherent authority under Landis to stay the proceedings and discovery pending resolution of the Bowler appeal.
Disposition
other
Cases Cited (9)
- Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936)(applied)
- CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962)(applied)
- Dependable Highway Express, Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007)(applied)
- Bowler v. Nestlé Health Science, U.S., LLC(considered)
- Lathrop v. Uber Techs., Inc., No. 14-cv-05678-JST, 2016 WL 97511, at *4 (N.D. Cal. Jan. 8, 2016)(applied)
- Vance v. Google LLC, No. 5:20-CV-04696-BLF, 2021 WL 534363, at *6 (N.D. Cal. Feb. 12, 2021)(applied)
- Edwards v. Oportun, Inc., 193 F. Supp. 3d 1096, 1101 (N.D. Cal. 2016)(applied)
- Johnson v. Starbucks Corp., No. 18-CV-01134-MEJ, 2018 WL 2938548, at *1 (N.D. Cal. June 12, 2018)(applied)
- Gabriella v. Recology Inc., No. 21-cv-08460-HSG, 2022 WL 6271866, at *5 (N.D. Cal. Sept. 9, 2022)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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