In Re: Annie's Mac & Cheese Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE ANNIE’S MAC & CHEESE Case No. 21-cv-02415-EMC

LITIGATION.

ORDER RE JOINT STATUS REPORT

9 Docket No. 43 10

12 13 The Court has reviewed the parties’ joint status report. While Plaintiffs in the instant case and the Franklin Plaintiff have reached agreement, they are not in agreement with Defendants. In essence, Plaintiffs and the Franklin Plaintiff seek a stay of this suit so that the Franklin suit can go forward first. Defendants disagree, asking that the Court continue the litigation in this case, which includes a motion to intervene that was filed by the Franklin Plaintiff and a motion to dismiss which was filed by Defendants. The request for a stay is governed by Landis v. North American Co., 299 U.S. 248 (1936). In Landis, the Supreme Court noted that “the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time an effort for itself, for counsel, and for litigants.” Id. at 254. …