Fraser v. Genesco, Inc.
Filing
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 6/29/2011. Court hereby GRANTS 15 Joint Motion to Stay Action. All further proceedings in case are STAYED immediately and until such time as JPML issues its decision on Pabst's Motion to Transfer and determines whether case will be transferred to MDL No. 2259. Defendant's 8 Motion to Dismiss is DENIED without prejudice to re-filing at an appropriate date after either JPML issues its decision and/or stay is lifted. (Marciel, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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MICHAEL M. FRASER, as an individual
and on behalf of all others similarly
situated,
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Plaintiff,
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v.
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GENESCO, INC., a Tennessee
corporation, d/b/a JOHNSTON &
MURPHY,
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Defendant.
Case No. 2:11-cv-00598-MCE-JFM
STIPULATED ORDER GRANTING JOINT
MOTION FOR ORDER TO STAY ALL
PROCEEDINGS PENDING A DECISION
ON TRANSFER AND COORDINATION
BY THE JUDICIAL PANEL ON
MULTIDISTRICT LITIGATION
Ctrm:
Judge:
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Hon. Morrison C. England, Jr.
Complaint Filed:
Trial Date:
March 3, 2011
Not Set
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO
Case No. 2:11-cv-00598-MCE-JFM
[PROPOSED] STIPULATED ORDER GRANTING JOINT MOTION FOR ORDER TO STAY ALL
PROCEEDINGS
DB2/22456596.1
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Presently before the Court is Plaintiff Michael Fraser’s (“Plaintiff”) and Defendant
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Genesco, Inc.’s (“Genesco”) (collectively “the Parties”) joint motion for an order to stay this case
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pending the Judicial Panel on Multidistrict Litigation’s (“JPML”) decision on the motion to
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transfer and coordinate (In re: Genesco, Inc., California Song-Beverly Credit Card Act Litigation,
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MDL No. 2259) filed by Frank Pabst, the plaintiff in a separate action against Genesco pending in
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the Northern District of California.
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Having considered the papers submitted in support of the Parties’ joint motion, as well as
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admissible evidence and the applicable law, the Court, for good cause shown, hereby GRANTS
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the Parties’ Motion (ECF No. 15).
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IT IS FURTHER ORDERED THAT all proceedings in this case are stayed immediately
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and until such time as the JPML issues its decision on Pabst’s motion to transfer and coordinate
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and determines whether this case will be transferred to MDL No. 2259 and consolidated.
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Defendant’s Motion to Dismiss, currently scheduled to be heard before this Court on
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August 25, 2011, at 2:00 p.m. in Courtroom 7 is denied without prejudice to re-filing at an
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appropriate date after either the JPML issues its decision and/or the stay in this action is lifted.
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IT IS SO ORDERED.
DATE: June 29, 2011
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______________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO
Case No. 2:11-cv-00598-MCE-JFM
[PROPOSED] STIPULATED ORDER GRANTING JOINT MOTION FOR ORDER TO STAY ALL
PROCEEDINGS
DB2/22456596.1
]]>
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