Saloojas, Inc. v. Blue Cross of California, Inc.

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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.

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 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 17 || virtually identical to those in this case. The Ninth Circuit’s resolution of the consolidated appeal || will necessarily bear on this Court’s resolution of Defendant’s motion to dismiss. Accordingly, || the Court hereby orders the parties to show cause why this case should not be stayed pending a || 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, || 2023 addressing whether a stay of this case is appropriate for the reasons described above. If no || 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