Gitson et al v. Clover-Stornetta Farms, Inc.

Filing 55

ORDER by Judge Elizabeth D Laporte granting 54 Motion for Leave to File (knm, COURT STAFF) (Filed on 3/31/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AMY GITSON,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -13-01517(EDL)
ORDER GRANTING MOTION FOR
LEAVE TO FILE A MOTION FOR
RECONSIDERATION

v.
CLOVER STORNETTA FARMS,
Defendant.

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On March 26, 2014, Defendant Clover Stornetta Farms filed a motion under Civil Local Rule

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7-9 for leave to seek reconsideration of the Court’s January 14, 2014 order granting in part and

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denying in part Defendant’s motion to dismiss, which was based in part on primary jurisdiction

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arguments (Docket No. 39). Defendant’s motion is based on a March 5, 2014 notice by the FDA

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regarding the status of evaporated cane juice, the main ingredient at issue in this food labeling case.

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Defendant maintains that this new FDA notice changes the primary jurisdiction analysis, and cites a

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case from this district, Reese v. Odwalla, in which the court considered the new FDA notice, granted

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in part the motion to dismiss on primary jurisdiction grounds, and stayed the case. Docket No. 54-1

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at 16 (March 25, 2014 Order of Judge Gonzalez Rogers, Case No. 13-947).

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The Court HEREBY grants Defendant’s motion for leave to file a motion for

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reconsideration, solely as to the issue of the impact of the FDA’s March 5, 2014 notice on its

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primary jurisdiction arguments. The Court will not revisit its other rulings. Defendant shall file an

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opening brief of no more than ten pages no later than April 22, 2014. Plaintiffs shall file an

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opposition brief of no more than ten pages no later than May 6, 2014. Defendant’s reply of no more

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than five pages shall be filed no later than May 13, 2014. The Court will hear the motion on June 3,
2014, at 9:00 am.

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IT IS SO ORDERED.

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Dated: March 31, 2014
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ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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United States District Court
For the Northern District of California

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