DiGiacinto

DiGiacinto v. RB Health (US) LLC

Good Law
United States District Court, Northern District of CaliforniaDecember 5, 20224:22-cv-04690California957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH DIGIACINTO, Case No. 22-cv-04690-DMR

Plaintiff,

ORDER DENYING MOTION TO STAY

v. DISCOVERY

RB HEALTH (US) LLC, Re: Dkt. No. 26 Defendant.

12 Plaintiff Joseph DiGiacinto filed this putative class action on August 16, 2022. Pursuant to the parties’ stipulation and a court order granting the same, he filed a first amended class action complaint (“FAC”) on November 7, 2022. [Docket Nos. 18, 24.] The FAC alleges false, misleading, and deceptive marketing practices with respect to the marketing and labeling of Defendant RB Health (US) LLC’s “Children’s Delsym Cough Relief” product. Defendant must file its response to the FAC, including a motion to dismiss, by December 9, 2022, with a hearing on any such motion set for February 23, 2023. Defendant now moves to stay discovery until after resolution of its anticipated motion to dismiss the FAC. [Docket No. 26.] This matter is suitable for resolution without…

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