Cox v. Gruma Corporation

Filing 71

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)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

ELIZABETH COX, individually and on behalf
of all others similarly situated,

7
8
9
10

United States District Court
Northern District of California

11

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

12

referred to the U.S. Food and Drug Administration (FDA), for an administrative determination, the

13

question of whether and under what circumstances food products containing ingredients produced

14

using bioengineered seed may or may not be labeled “Natural” or “All Natural” or “100% Natural.”

15

(Dkt. No. 68.) The court’s order further stated that the Defendant’s motion was granted with

16

respect to primary jurisdiction only, and was otherwise denied without prejudice to re-filing upon

17

an order dissolving the stay ordered herein. (Id. at 4.)

18
19

The FDA has now responded to that referral. (Dkt. No. 70.) In light of the response, the
Court ORDERS as follows:

20

(1) the stay of this action is DISSOLVED;

21

(2) the parties are directed to file response briefs of addressing the effect of the FDA’s

22

position, as stated in the response letter, on the application of the primary jurisdiction doctrine to

23

the claims alleged herein. The response briefs shall be no more than ten (10) pages and shall be

24

filed by January 24, 2014. Each side shall be permitted to file a rebuttal of no more than five (5)

25

pages by January 31, 2014.

26
27
28

IT IS SO ORDERED.
Date: January 10, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE