Figy v. Lifeway Foods, Inc.

Filing 34

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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ROBERT E. FIGY, Plaintiff, 7 8 9 10 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 11 12 Presently before the Court is Defendant Lifeway Foods, Inc.’s (“Defendant”) 13 motion to dismiss Plaintiff Robert Figy’s (“Plaintiff”) First Amended Complaint, which is 14 set for hearing on March 24, 2014. On March 19, 2014, Defendant filed a letter advising 15 the Court and Plaintiff of a March 5, 2014 announcement by the Food and Drug 16 Administration (“FDA”) in the Federal Register, which reopened the period for requesting 17 comment, data, and information regarding the FDA’s 2009 draft guidance with respect to 18 evaporated cane juice. (Docket No. 32.) Defendant requests the opportunity to file 19 supplemental briefing on and address at oral argument the FDA’s announcement. Plaintiff 20 likewise joins in the request. (Docket No. 33.) 21 22 The Court, having considered the requests of the parties, and for good cause shown, orders as follows: 23 • The March 24, 2014 hearing on the motion to dismiss is vacated; 24 • By March 27, 2014, Defendant shall file a supplemental brief not to exceed six 25 pages in length addressing the significance of the March 5, 2014 FDA 26 announcement; 27 28 • By April 3, 2014, Plaintiff shall file a brief not to exceed six pages responding to Defendant’s supplemental brief; 1 2 3 • 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. 4 5 IT IS SO ORDERED. 6 7 8 Dated: 03/20/14 _____________________________________ THELTON E. HENDERSON United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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