Figy v. Lifeway Foods, Inc.
Filing
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ORDER Requiring Supplemental Briefing and Re-Setting Hearing on Motion to Dismiss. Signed by Judge Thelton E. Henderson on 3/20/14. (tehlc2, COURT STAFF) (Filed on 3/20/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROBERT E. FIGY,
Plaintiff,
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v.
LIFEWAY FOODS, INC.,
Defendant.
Case No. 13-cv-04828-TEH
ORDER REQUIRING
SUPPLEMENTAL BRIEFING AND
RE-SETTING HEARING ON
MOTION TO DISMISS
United States District Court
Northern District of California
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Presently before the Court is Defendant Lifeway Foods, Inc.’s (“Defendant”)
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motion to dismiss Plaintiff Robert Figy’s (“Plaintiff”) First Amended Complaint, which is
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set for hearing on March 24, 2014. On March 19, 2014, Defendant filed a letter advising
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the Court and Plaintiff of a March 5, 2014 announcement by the Food and Drug
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Administration (“FDA”) in the Federal Register, which reopened the period for requesting
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comment, data, and information regarding the FDA’s 2009 draft guidance with respect to
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evaporated cane juice. (Docket No. 32.) Defendant requests the opportunity to file
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supplemental briefing on and address at oral argument the FDA’s announcement. Plaintiff
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likewise joins in the request. (Docket No. 33.)
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The Court, having considered the requests of the parties, and for good cause shown,
orders as follows:
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• The March 24, 2014 hearing on the motion to dismiss is vacated;
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• By March 27, 2014, Defendant shall file a supplemental brief not to exceed six
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pages in length addressing the significance of the March 5, 2014 FDA
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announcement;
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• By April 3, 2014, Plaintiff shall file a brief not to exceed six pages responding
to Defendant’s supplemental brief;
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• Any reply to Plaintiff’s brief shall be filed by Defendant no later than April 7,
2014, and shall not exceed three pages in length; and
• The hearing on the motion to dismiss shall occur on April 14, 2014 at 10 AM.
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IT IS SO ORDERED.
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Dated: 03/20/14
_____________________________________
THELTON E. HENDERSON
United States District Judge
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United States District Court
Northern District of California
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