Prescott
Prescott v. Nestle USA, Inc
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 STEVEN PRESCOTT and LINDA CHESLOW, individually and on behalf of all others similarly Case No. 19-cv-07471-BLF situated, ORDER DENYING PLAINTIFFS’ Plaintiffs, MOTION TO STAY 10 v. [Re: ECF 78]
NESTLÉ USA, INC.,
12 Defendant.
14 Before the Court is a motion to stay filed by Plaintiffs Steven Prescott (“Prescott”) and Linda Cheslow (“Cheslow”) and opposed by Defendant Nestlé USA, Inc. (“Nestlé”). The motion is fully briefed and has been taken under submission for decision without oral argument. See Order, ECF 81. The motion to stay is DENIED. In this putative class action, Plaintiffs allege that Nestlé deceives consumers into believing that its “Nestlé’s Toll House’s Premier White Morsels” product contains white chocolate when it does not. The action has been pending for more than two years, and Nestlé’s motion to dismiss the operative second amended complaint (“SAC”) has been…