Reese v. Odwalla, Inc. et al

Filing 68

ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFING AND SETTING HEARING ON REQUEST TO LIFT STAY AND RENEW CONSIDERATION OF MOTION TO DISMISS; VACATING MAY 8, 2015 COMPLIANCE HEARING. Set/Reset Deadlines as to Defendants Supplemental brief filed 5/20/15; Plaintiffs Responsive brief filed 6/3/15. Motion Hearing re Request to Lift Stay and Motion to Dismiss set for 6/16/2015 02:00 PM before Hon. Yvonne Gonzalez Rogers. The Compliance hearing set 5/8/15 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 5/6/15. (fs, COURT STAFF) (Filed on 5/6/2015)

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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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v.
ODWALLA, INC. AND THE COCA-COLA CO.,

ORDER DIRECTING PARTIES TO FILE
SUPPLEMENTAL BRIEFING AND SETTING
HEARING ON REQUEST TO LIFT STAY AND
RENEW CONSIDERATION OF MOTION TO
DISMISS; VACATING MAY 8, 2015
COMPLIANCE HEARING

Defendants.

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Case No.: 13-CV-947 YGR

The parties have filed their Joint Statement In Advance of Compliance Hearing (Dkt. No.

United States District Court
Northern District of California

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67) setting forth their positions on the propriety of a continued stay awaiting agency action from the

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U.S. Food and Drug Administration (“FDA”) action concerning use of the term “evaporated cane

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juice,” or “ECJ.” The Court has considered the parties’ statement and ORDERS as follows:

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Defendants Odwalla, Inc. and the Coca-Cola Company (“Defendants”) shall file a

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supplemental brief of no more than 10 pages no later than May 20, 2015, addressing: (a) whether

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the stay should be lifted as requested by Plaintiffs, particularly in light of the Ninth Circuit’s recent

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decision in Reid v. Johnson & Johnson, 780 F.3d 952 (9th Cir. 2015); and (2) any new factual and

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legal developments pertinent to Defendants’ preemption argument in its prior motion to dismiss.

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Plaintiffs shall file a responsive brief of no more than 10 pages no later than June 3, 2015.

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The parties need not repeat any arguments made in their May 1, 2015 filing (Dkt. No. 67),

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or any arguments made in their prior briefing on Defendants’ Motion to Dismiss (Dkt. No. 28), and

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the opposition and reply thereto (Dkt. Nos. 36, 42).

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The Court sets a hearing date on the request to lift the stay and the motion to dismiss for

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June 16, 2015, at 2:00 p.m. The compliance hearing currently set for Friday, May 8, 2015 is

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VACATED.

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IT IS SO ORDERED.
Date: May 6, 2015

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE