Reese v. Odwalla, Inc. et al

Filing 57

ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFING. Signed by Judge Yvonne Gonzalez Rogers on 3/6/14. (fs, COURT STAFF) (Filed on 3/6/2014)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 ROBIN REESE, individually and on behalf of all others similarly situated, Plaintiff, 10 United States District Court Northern District of California 11 12 13 14 v. Case No.: 13-CV-947 YGR ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFING ON EFFECT OF FDA REOPENING OF COMMENT PERIOD ON PENDING MOTION TO DISMISS ODWALLA, INC. AND THE COCA-COLA CO., Defendants. On March 4, 2014, Defendant Odwalla, Inc. filed a letter notifying the Court of a recent 15 development in official guidance of the U.S. Food and Drug Administration (“FDA”) concerning 16 the use of the term “evaporated cane juice.” The letter attached a copy of the FDA’s public 17 announcement. 18 19 20 On March 6, 2014, Plaintiff filed a response to that letter and requested leave to submit a letter brief addressing the implications of the notice for Plaintiff’s complaint here. The parties are directed to file supplemental briefs of no more than six (6) pages addressing 21 the effect of the FDA action on Plaintiff’s claims and the pending motion to dismiss no later than 22 March 14, 2014. No rebuttal briefing will be permitted without further order of the Court. 23 24 25 26 27 28 IT IS SO ORDERED. Date: March 6, 2014 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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