United States District Court, W.D. Washington, Seattle
LINNE ROSE, individually and on behalf of all others similarly situated, Plaintiffs,
BEHR PROCESS CORP., BEHR PAINT CORP., MASCO CORP., THE HOME DEPOT, INC., and HOME DEPOT U.S.A., INC.,, Defendants.
TERRELL MARSHALL LAW GROUP PLLC Beth E. Terrell, Eric Riley
Nusser, WHITFIELD BRYSON & MASON, LLP Daniel K. Bryson
Patrick M. Wallace Scott C. Harris Attorneys for Plaintiff
and the Proposed Class
MEYERS SWARTLING P.S. Caryn Geraghty Jorgensen John Fetters
WSBA Attorneys for Defendants Home Depot, Inc. and Home Depot
WHITFIELD BYSON & MASON, LLP Daniel K. Bryson, Patrick M.
Wallace, Scott C. Harris, Attorneys for Plaintiff and the
MANNING & MARTIN Jeffrey Douglass, Robert Alpert,
Attorneys for Defendants Home Depot, Inc. and Home Depot
BADLEY SPELLMAN, P.S. Emilia L. Sweeney, Jason M. Kettrick,
Elliot C. Copenhaver, Attorneys for Defendants Behr
Processing Corporation, Behr Paint Corp and Masco Corporation
& WATKINS LLP Kathleen P. Lally One of the Attorneys for
Defendant Behr Process Corporation Mark S. Mester Kathleen P.
STIPULATED MOTION AND ORDER TO STAY CASE
Honorable Marsha J. Pechman Judge
to approval of this Court, Plaintiff Linne Rose and
Defendants Behr Paint Corp., Behr Process Corporation, Masco
Corporation (collectively, “Behr”), The Home
Depot, Inc. and Home Depot U.S.A., Inc. (collectively,
“Home Depot”), by and through their attorneys,
hereby stipulate and request an order staying this case,
including all deadlines for discovery and other matters,
pending a decision on the motion for preliminary and final
approval of a class action settlement involving three related
actions before other district courts (Anderson v. Behr
Process Corp., No. 1:17-cv-08735 (N.D. Ill.); Bishop
v. Behr Process Corp., No. 1:17-cv-04464 (N.D. Ill.);
and In re Behr, No. 8:17-cv-01016 (C.D. Cal.))
1, 2018, plaintiffs in Bishop filed an amended
complaint that incorporated the named plaintiffs in In re
Behr and Anderson. See Am. Compl.
(Bishop Dkt. #60) at ¶¶ 7-39. Shortly
thereafter, on May 3, 2018, plaintiffs in Bishop
filed a motion for preliminary approval of a class action
settlement. See Mot. for Preliminary Approval
(Bishop Dkt. #61) at passim.
settlement agreement in Bishop is granted
preliminarily approval, it would resolve all claims against
all Defendants in this action. See Behr Mem. in Opp.
to Mot. for Transfer and Consolidation, In re: Behr
DeckOver Marketing and Sales Practices Litigation, MDL
No. 2821 (Dkt. #30) at 1-2; Order Denying Transfer (MDL Dkt.
#53) at 1.
expect that the court in Bishop will consider the
motion for preliminary approval on June 27, 2018.
See Order (Bishop Dkt. #78).