Reese v. Odwalla, Inc. et al

Filing 71

ORDER: TENTATIVE RULING IN ADVANCE OF JUNE 16, 2015 HEARING. Signed by Judge Yvonne Gonzalez Rogers on 6/11/15. (fs, COURT STAFF) (Filed on 6/11/2015)

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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,

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Plaintiff,

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TENTATIVE RULING IN ADVANCE OF JUNE
16, 2015 HEARING

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

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United States District Court
Northern District of California

Case No.: 13-CV-947 YGR

Defendants.

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The Court has reviewed the parties’ supplemental briefing on the issues of whether the stay
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should be lifted and any arguments pertinent to Defendants’ preemption argument in its motion to
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dismiss. The Court issues the following tentative ruling as a courtesy to the parties so that they
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may focus their oral arguments accordingly:
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The Court is inclined to lift the stay, consider argument on the remaining issues in
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Defendants’ motion to dismiss (Dkt. No. 28), and issue a ruling on those remaining issues without
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requiring that the motion to dismiss be re-noticed or re-filed. The parties should be prepared to
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address the procedural and substantive issues with this approach, as well as any case management
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issues.
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IT IS SO ORDERED.
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Date: June 11, 2015
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE