Swearingen et al v. Late July Snacks LLC

Filing 71

ORDER RESETTING CMC re 70 Joint Case Management Statement filed by Late July Snacks LLC Case Management Statement due by 2/5/2015. Further Case Management Conference set for 2/12/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/10/14. (bpf, COURT STAFF) (Filed on 11/10/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13

PRATT & ASSOCIATES
Ben F. Pierce Gore (SBN 128515)
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs
POLLACK SOLOMON DUFFY LLP
JOSHUA L. SOLOMON (admitted pro hac vice)
133 Federal Street, Suite 902
Boston, MA 02492
Telephone: [phone]
Fax:
[phone]
Email:
[e-mail]
ROPES & GRAY LLP
ROCKY C. TSAI (CA Bar No. 221452)
Three Embarcadero Center, Ste. 300
San Francisco, CA 94111-4006
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant Late July Snacks LLC

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
SAN FRANCISCO DIVISION

17
18
19
20
21

Case No. 13-cv-4324-EMC
MARY SWEARINGEN and ROBERT FIGY,
individually and on behalf of all others similarly
situated,
Plaintiffs,

22
23

v.

24

LATE JULY SNACKS LLC,

25

Defendant.

26
27
28

JOINT CMC STATEMENT
Case No. 13-cv-4324-EMC

JOINT CMC STATEMENT

1

Plaintiffs Mary Swearingen and Robert Figy, along with defendant Late July Snacks

2

LLC, submit this Joint CMC Statement pursuant to the Court’s order on the record on May 22,

3

2014 staying this action and directing the parties to submit a Joint CMC Statement by

4

November 6, 2014.

5
6
7
8
9
10

As of the date of this filing, the FDA has not issued further information concerning its
consideration of the use of the term “evaporated cane juice” (“ECJ”).
The parties respectfully request that the Court maintain the stay in this case for an
additional ninety days, as other Judges of this Court in stayed ECJ cases have recently done.
See Reese v. Odwalla, Inc., No. 13-cv-947-YGR (11/4/14 Order, docket No. 66) (extending stay

11
12

for approximately 180 days); Avila v. Green Valley Organics, L.P., No. 13-cv-00335-EJD

13

(10/29/14 Order, docket No. 50) (extending stay of ECJ case by approximately 90 days); Figy v.

14

Lifeway Foods, Inc., No. 13-cv-04828-THE (10/21/14 Order, docket no. 46) (same);

15

Swearingen v. Pacific Foods of Oregon, Inc., No. 13-cv-04157-JD (10/14/14 Order, docket No.

16

40) (same).

17
18

In light of this joint request, the parties further respectfully request that the Court

19

continue the CMC currently scheduled for November 13, 2014 to February 12, 2015

20

(approximately 90 days) or to a date thereafter when the Court is available.

21
22
23
24
25
26
27
28
JOINT CMC STATEMENT
Case No. 13-cv-4324-EMC

1
2

Dated:

November 6, 2014

By:

/s/ Joshua L. Solomon

3
4

Joshua L. Solomon (admitted pro hac vice)
Attorneys for Defendant
LATE JULY SNACKS LLC

5
6
7

Dated:

November 6, 2014

By:

/s/ Ben F. Pierce Gore

8
9

Ben F. Pierce Gore
Attorneys for Plaintiffs

10
11
12

15

19

hen
rd M. C
ge Edwa
Jud

NO

20

D
RDERE
S SO O IED
IT I
DIF
AS MO

RT

21

H

ER

LI

18

22
23

A

17

UNIT
ED

S

RT
U
O

16

N

F
D IS T IC T O
R

24
25
26
27
28
-2JOINT CMC STATEMENT
Case No. 13-cv-4324-EMC

R NIA

14

IT IS SO ORDERED that the Further CMC is reset from 11/13/14
to 2/12/15 at 10:30 a.m. An updated joint CMC Statement shall
be filed by 2/5/15.
____________________ S DISTRICT
E
C
AT
Edward M. Chen T
U.S. District Judge

FO

13

C