Cox v. Gruma Corporation
Filing
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ORDER DIRECTING RESPONSIVE BRIEFING RE: RESPONSE LETTER FROM THE U.S. FOOD AND DRUG ADMINISTRATION re 70 Letter, ORDER LIFTING STAY; the stay of this aciton is DISSOLVED. Responsive briefs filed by 1/24/2014. Rebuttals filed 1/31/2014. Signed by Judge Yvonne Gonzalez Rogers on 1/10/14. (fs, COURT STAFF) (Filed on 1/10/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ELIZABETH COX, individually and on behalf
of all others similarly situated,
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United States District Court
Northern District of California
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Plaintiffs,
Case No.: 12-CV-6502 YGR
ORDER DIRECTING RESPONSIVE BRIEFING
RE: RESPONSE LETTER FROM THE U.S. FOOD
AND DRUG ADMINISTRATION
vs.
GRUMA CORPORATION, et al.,
Defendant.
By Order issued July 11, 2013, this Court stayed this action for a period of six months and
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referred to the U.S. Food and Drug Administration (FDA), for an administrative determination, the
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question of whether and under what circumstances food products containing ingredients produced
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using bioengineered seed may or may not be labeled “Natural” or “All Natural” or “100% Natural.”
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(Dkt. No. 68.) The court’s order further stated that the Defendant’s motion was granted with
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respect to primary jurisdiction only, and was otherwise denied without prejudice to re-filing upon
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an order dissolving the stay ordered herein. (Id. at 4.)
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The FDA has now responded to that referral. (Dkt. No. 70.) In light of the response, the
Court ORDERS as follows:
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(1) the stay of this action is DISSOLVED;
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(2) the parties are directed to file response briefs of addressing the effect of the FDA’s
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position, as stated in the response letter, on the application of the primary jurisdiction doctrine to
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the claims alleged herein. The response briefs shall be no more than ten (10) pages and shall be
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filed by January 24, 2014. Each side shall be permitted to file a rebuttal of no more than five (5)
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pages by January 31, 2014.
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IT IS SO ORDERED.
Date: January 10, 2014
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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