Saloojas, Inc. v. Blue Cross of California, Inc. ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SALOOJAS, INC., Case No. 22-cv-03269-JST 8 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 9 v. CASE SHOULD NOT BE STAYED 10 BLUE CROSS OF CALIFORNIA, INC., ll Defendant. 12 5 13 Defendant’s motion to dismiss, ECF No. 42, is pending before the Court. There currently S 14 || is a consolidated appeal pending before the Ninth Circuit in Saloojas, Inc. v. Aetna Health of 3 15 || California, Inc. (“Aetna Health”), Case Nos. 22-16034, 22-1035, 22-16036, 22-16037, 22-16038. a 16 || Each of the underlying cases in that appeal concerns allegations and claims by Plaintiff that are 3 17 || virtually identical to those in this case. The Ninth Circuit’s resolution of the consolidated appeal 18 || will necessarily bear on this Court’s resolution of Defendant’s motion to dismiss. Accordingly, 19 || the Court hereby orders the parties to show cause why this case should not be stayed pending a 20 || decision by the Ninth Circuit in Aetna Health. See generally Lockyer v. Mirant Corp., 398 F.3d 21 1098, 1109-12 (9th Cir. 2005); Clinton v. Jones, 520 U.S. 681, 708 (1997). 22 The parties are invited to file simultaneous briefs of no more than 4 pages by April 28, 23 || 2023 addressing whether a stay of this case is appropriate for the reasons described above. If no 24 || party files a responsive brief, the Court will stay this case. 25 IT IS SO ORDERED. 26 || Dated: April 14, 2023 . 27 JON S. TIGA 28 nited States District Judge