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Rose v. Behr Process Corp.

United States District Court, W.D. Washington, Seattle

May 30, 2018

LINNE ROSE, individually and on behalf of all others similarly situated, Plaintiffs,
v.
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

          MILLS MEYERS SWARTLING P.S. Caryn Geraghty Jorgensen John Fetters WSBA Attorneys for Defendants Home Depot, Inc. and Home Depot U.S.A., Inc.

          WHITFIELD BYSON & MASON, LLP Daniel K. Bryson, Patrick M. Wallace, Scott C. Harris, Attorneys for Plaintiff and the Proposed Class

          MORRIS MANNING & MARTIN Jeffrey Douglass, Robert Alpert, Attorneys for Defendants Home Depot, Inc. and Home Depot U.S.A., Inc.

          CARNEY 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

          LATHAM & WATKINS LLP Kathleen P. Lally One of the Attorneys for Defendant Behr Process Corporation Mark S. Mester Kathleen P. Lally

          STIPULATED MOTION AND ORDER TO STAY CASE

          Honorable Marsha J. Pechman Judge

         I. STIPULATION

         Subject 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.)) (“Settled Cases”).

         II. BACKGROUND

         On May 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.

         If the 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.

         Defendants expect that the court in Bishop will consider the motion for preliminary approval on June 27, 2018. See Order (Bishop Dkt. #78).

         III. ...


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