Ottesen
Ottesen v. Hi-Tech Pharmaceuticals, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALLISON OTTESEN, et al., Case No. 19-cv-07271-JST
Plaintiffs,
ORDER GRANTING MOTION TO
v. CERTIFY ORDER FOR
INTERLOCUTORY APPEAL AND
HI-TECH PHARMACEUTICALS, INC., MOTION TO STAY PENDING
APPEAL
Defendant. 11 Re: ECF No. 75 12 Before the Court is Defendant Hi-Tech’s motion to certify the Court’s October 17, 2023 order lifting the stay of the case for interlocutory appeal and motion to stay pending appeal. ECF No. 75. The Court will grant the motions. I. BACKGROUND Because the facts are well-known to the parties and the Court has summarized Plaintiffs’ allegations in detail in its prior orders, ECF Nos. 41, 70, the Court will not elaborate them here. In sum, this case concerns the alleged use of DMHA1 in supplements manufactured, distributed, and sold by Defendant Hi-Tech Pharmaceuticals, Inc. On November 20, 2020, the Court stayed the case on primary jurisdiction grounds, “pending a determination by the FDA regarding the…