Steiner v. Vi-Jon Inc

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIELLE STEINER, et al., Case No. 23-cv-00473-AMO

8 Plaintiffs, ORDER DENYING MOTION FOR 9 v. LEAVE TO FILE A MOTION FOR RECONSIDERATION 10 VI-JON INC, Re: Dkt. No. 74 Defendant. 11

12 13 Before the Court is Defendant Vi-Jon, Inc.’s (“Vi-Jon”) motion for leave to file a motion 14 for reconsideration of the Court’s Order granting in part and denying in part Vi-Jon’s motion to 15 dismiss. On October 24, 2024, the Court held a conference with the parties to discuss whether Vi- 16 Jon’s proposed motion seeking reconsideration should be presented through a different procedural 17 mechanism. The Court does not here summarize the entirety of the conversation, but the parties 18 left the conference with directions to meet and confer regarding a briefing schedule on a narrowly 19 focused motion for summary judgment from Vi-Jon. 20 Upon further reflection, the Court finds that the proper procedural mechanism for the relief 21 sought by Vi-Jon is a motion for judgment on the pleadings under Federal Rule of Civil Procedure 22 12(c), not a motion under Rule 56. Vi-Jon substantively challenges the plausibility of Plaintiffs’ 23 claims (see ECF 74), and for that reason, a motion for judgment on the pleadings is more 24 appropriate. See Cafasso, U.S. ex rel. v. General Dynamics C4 Systems, Inc., 637 F.3d 413, 418 25 (9th Cir. 2012) (applying the particularity requirements of Rule 9(b) in the context of a Rule 12(c) 26 motion). Though it does not reach this conclusion at this time, the Court is inclined to find the test 27 results incorporated in the operative complaint by reference. See Khoja v. Orexigen Therapeutics, 1 Therefore, the Court ORDERS the parties to meet and confer and to submit a proposed 2 || briefing schedule on Vi-Jon’s Rule 12(c) motion by no later than noon PST on October 31, 2024. 3 The Court hereby DENIES Vi-Jon’s motion for leave to file a motion for reconsideration. 4 The Court hereby STAYS discovery pending resolution of Vi-Jon’s Rule 12(c) motion. 5 IT IS SO ORDERED. 6 Dated: October 24, 2024 7 □□ 8 coh ARACELI MARTINEZ-OLGUIN 9 United States District Judge 10 11 a 12

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