Figy v. Lifeway Foods, Inc.

Filing 57

ORDER Lifting Stay. Signed by Hon. Thelton E. Henderson on 01/04/16. (tehlc2, COURT STAFF) (Filed on 1/4/2016)

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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.

Case No. 13-cv-04828-TEH
ORDER LIFTING STAY

LIFEWAY FOODS, INC.,
Defendant.

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On May 5, 2014, this Court issued an order staying this action pending final

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United States District Court
Northern District of California

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guidance from the U.S. Food and Drug Administration (“FDA”) on whether “Evaporated

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Cane Juice” is an appropriate name for an ingredient in certain products from Defendant

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Lifeway Foods, Inc. Docket No. 44. After carefully considering the parties’ positions on

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the propriety of maintaining this stay in light of the FDA’s delay in providing final

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guidance (see Docket No. 54), the Court now lifts the stay.

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Defendant has requested additional briefing on its motion to dismiss Plaintiff’s First

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Amended Complaint (Docket No. 24), which the Court previously GRANTED IN PART

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only as to Defendant’s request to stay this action (see Docket No. 44). Rather than allow

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additional briefing, the Court orders that Defendant may re-file the motion to dismiss,

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updated to reflect any developments in the law, on or before February 1, 2016. Should

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Defendant choose to re-file the motion, the briefing and hearing schedule shall be set

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according to the Civil Local Rules.

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IT IS SO ORDERED.

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Dated: 01/04/16

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THELTON E. HENDERSON
United States District Judge