Bailey

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS BAILEY, CASE NO. 18-cv-06926-YGR

8 Plaintiff,

ORDER DENYING MOTION TO CERTIFY THE

9 vs. QUESTION OF FEDERAL PREEMPTION TO

THE COURT OF APPEALS UNDER 28 U.S.C.

10 RITE AID CORPORATION, § 1292(B) 11 Defendant. Re: Dkt. No. 61

12 13 Plaintiff Thomas Bailey brings this putative class action against defendant Rite Aid 14 Corporation (“Rite Aid”) asserting eight causes of action arising out of defendant’s sale and 15 marketing of its over-the-counter rapid release acetaminophen gelcaps. (See Dkt. No. 15 16 (“FAC”).) On September 9, 2019, the Court granted in part and denied in part defendant’s motion 17 to dismiss the FAC. (Dkt. No. 60 (“MTD Order”).) Therein, the Court rejected defendant’s 18 preemption argument and denied its motion on that basis. (Id. at 5-9.) Now before the Court is 19 defendant’s motion for an order to certify the question of federal preemption to the Court of 20 Appeals under 28 U.S.C. § 1292(b) (“Section…