Hamzeh v. Pharmavite LLC

Background

Defendants Pharmavite LLC and Nature Made Nutritional Products, collectively referred to in the opinion as “Pharmavite,” moved to stay the proceedings and requested a protective order staying discovery until the Ninth Circuit resolved the appeal in Bowler v. Nestlé Health Science, U.S., LLC.

Legal Standard

The court applied the standard for a discretionary stay under Landis v. North American Co. A court considering such a stay weighs: (1) possible harm from granting the stay; (2) hardship or unfairness to a party required to continue; and (3) whether a stay would promote an orderly and efficient resolution by simplifying or complicating the issues, evidence, or legal questions. If there is even a fair possibility that a stay would harm another person, the party requesting the stay must show a clear case of hardship or unfairness.

Analysis

The court declined to stay the case. It noted that the Bowler appeal was in its early stages: although a briefing schedule had been set, oral argument had not been scheduled, and the parties and court could not predict when the Ninth Circuit would issue a decision. The court also stated that the Ninth Circuit might issue a memorandum disposition rather than a controlling decision.

Judicial efficiency was the decisive consideration. The court found that waiting for the appeal could further prolong the matter, which counseled against a stay. Because this factor resolved the motion, the court did not address Pharmavite’s other arguments. The court stated that the parties and the court could assess the effects of any decision in Bowler after the Ninth Circuit ruled.

Disposition

The court denied Pharmavite’s motion to stay the proceedings pending resolution of the Bowler appeal. The order also denied the requested stay of discovery. Judge Haywood S. Gilliam, Jr. entered the order on July 8, 2025.