Swearingen et al v. Santa Cruz Natural, Inc.

Filing 49

ORDER Further Case Management Conference set for 12/12/14 is continued to 3/12/2015 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 12/4/14. (tfS, COURT STAFF) (Filed on 12/5/2014)

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Attorneys for Defendant
SANTA CRUZ NATURAL, INC.

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Robert B. Hawk (Bar No. 118054)
J. Christopher Mitchell (Bar No. 215639)
Stacy Hovan (Bar No. 271485)
HOGAN LOVELLS US LLP
4085 Campbell Avenue, Suite 100
Menlo Park, California 94025
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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[Additional Counsel on Signature Page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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MARY SWEARINGEN and ROBERT FIGY,
individually and on behalf of all others similarly
situated,

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Plaintiffs,

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v.
SANTA CRUZ NATURAL, INC.,

Case No. 13-CV-4291-SI
JOINT STATUS REPORT
REGARDING STAY OF LITIGATION
The Hon. Susan Illston
Date: December 12, 2014
Time: 3:00 p.m.
Place: Courtroom 10, 19th Floor

Defendant.

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JOINT STATUS REPORT REGARDING STAY OF LITIGATION
CASE NO. 13-CV-4291-SI
\DC - 022927/000011 - 6265564 v1

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Defendant Santa Cruz Natural, Inc. and Plaintiffs Mary Swearingen and Robert Figy, by

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and through their respective counsel of record, hereby submit the following Joint Status Report

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concerning the Court’s July 1, 2014 Order (Dkt. #47) staying this action pursuant to the primary

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jurisdiction doctrine:

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1.

On July 1, 2014, this Court stayed this action pending final guidance from the

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Food and Drug Administration (“FDA”) on the issue of whether “evaporated cane juice” is an

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appropriate name for the ingredient in question. Dkt. #47 at 7. At that time, the Court scheduled

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a status conference for December 12, 2014, and directed the parties to file this Joint Status Report

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no later than December 5, 2014.

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2.

As of the date of this Report, FDA has not issued further guidance on the

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evaporated cane juice ingredient. However, the parties have conferred and have stipulated to an

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extension of the stay in this case pending another status conference to be held following 90 days

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(March 12, 2015, or as soon thereafter as may be convenient for the Court), with a Joint Status

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Report to be filed 7 days prior, wherein the parties will advise the Court of the status of FDA’s

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review.

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3.

In another matter involving evaporated cane juice, this Court recently extended the

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stay on similar terms. See Figy v. Amy’s Kitchen, No. 3:13-cv-03816-SI, Dkt. #75 (November 26,

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2014). Other Courts in this District have done the same. See, e.g., Gitson v. Trader Joe’s Co.,

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No. 3:13-cv-01333-VC, Dkt. #106 (N.D. Cal. Nov. 13, 2014); Swearingen v. Late July Snacks

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LLC, No. 3:13-cv-04324-EMC, Dkt. #71 (Nov. 10, 2014); Swearingen v. Healthy Beverage, LLC,

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3:13-cv-04385-EMC Dkt. #60 (N.D. Cal. Nov. 10, 2014); Reese v. Odwalla, Inc., No. 4:13-cv-

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00947-YGR, Dkt. #66 (N.D. Cal. Nov. 4, 2014).

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JOINT STATUS REPORT REGARDING STAY OF LITIGATION
CASE NO. 13-CV-4291-SI
\DC - 022927/000011 - 6265564 v1

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4.

The parties accordingly respectfully request that the Court extend the stay of this

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action and continue the Status Conference currently scheduled for December 12, 2014 to March

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12, 2015 or as soon thereafter as may be convenient for the Court.

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Respectfully submitted,

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Dated: December 3, 2014

HOGAN LOVELLS US LLP
By:

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/s/ Robert B. Hawk
Robert B. Hawk
Attorneys for Defendant
SANTA CRUZ NATURAL, INC.

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Dated: December 3, 2014

DON BARRETT, P.A.
By:

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/s/ David McMullan, Jr.
David McMullan, Jr. (admitted pro hac vice)
P.O. Box 927
404 Court Square
Lexington, MS 39095
Tel.: [phone]
Fax: [phone]
[e-mail]

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Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for PLAINTIFFS

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ATTESTATION

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I, Robert B. Hawk, attest that David McMullan has approved the Joint Status Report
Regarding Stay of Litigation and consents to its filing in this action.

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By:

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/s/ Robert B. Hawk
Robert B. Hawk

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JOINT STATUS REPORT REGARDING STAY OF LITIGATION
CASE NO. 13-CV-4291-SI
\DC - 022927/000011 - 6265564 v1