Alvarez
Alvarez v. NBTY, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ROSA ALVAREZ, individually and Case No. 17-cv-00567-BAS-BGS on behalf of herself and all others similarly situated, ORDER GRANTING
PLAINTIFF’S MOTION TO
Plaintiff, STAY
v. [ECF No. 126] NBTY, INC., et al.,
16 Defendants.
17 18 Plaintiff Rosa Alvarez filed a complaint against Defendants NBTY, Inc. and Nature’s Bounty, Inc., alleging they violated California’s Unfair Competition Law and Consumers Legal Remedies Act through the false labeling of their products. Plaintiff moved for class certification. The Court denied Plaintiff’s motion for class certification (ECF No. 97) and soon afterwards, Plaintiff filed a petition with the Ninth Circuit for permission to appeal under Federal Rule of Civil Procedure 23(f). (ECF No. 101.) Plaintiff also filed a motion for reconsideration of this Court’s order, which the Court denied. (ECF No. 123.) Plaintiff now moves for the Court to stay this case until the Ninth Circuit rules on her Rule 23(f) petition. (“Mot.,”…