Reese v. Odwalla, Inc. et al

Filing 72

ORDER MAINTAINING STAY AND SETTING FURTHER COMPLIANCE HEARING. The Court Orders that this action shall remain STAYED.Compliance Hearing is set for Friday, 10/30/2015 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint filing due 5 days prior. Signed by Judge Yvonne Gonzalez Rogers on 6/23/15. (fs, COURT STAFF) (Filed on 6/23/2015)

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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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United States District Court
Northern District of California

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Plaintiff,

Case No.: 13-CV-947 YGR
ORDER MAINTAINING STAY AND SETTING
FURTHER COMPLIANCE HEARING

v.
ODWALLA, INC. AND THE COCA-COLA CO.,
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 has considered the parties’ oral arguments of June 16, 2015. Having
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considered those arguments, and particularly in light of Plaintiffs’ concession that any potential for
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prejudice is mitigated by Defendants’ previous removal of the term “evaporated cane juice” from
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their product labels, the Court finds that a continued stay on primary jurisdiction grounds is
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appropriate. The Court therefore Orders that this action shall remained STAYED.
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The Court sets a compliance hearing for Friday, October 30, 2015, at 9:01 a.m. The
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parties shall file a joint statement of no more than five pages updating the Court on the status of the
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FDA’s action. Should the parties file their joint statement timely, the Court may vacate the hearing
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without the necessity of an appearance.
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IT IS SO ORDERED.
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Date: June 23, 2015
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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE