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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBIN REESE, individually and on behalf of
all others similarly situated,
Plaintiff,

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United States District Court
Northern District of California

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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

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development in official guidance of the U.S. Food and Drug Administration (“FDA”) concerning

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the use of the term “evaporated cane juice.” The letter attached a copy of the FDA’s public

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announcement.

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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

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the effect of the FDA action on Plaintiff’s claims and the pending motion to dismiss no later than

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March 14, 2014. No rebuttal briefing will be permitted without further order of the Court.

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IT IS SO ORDERED.
Date: March 6, 2014

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE