Reese v. Odwalla, Inc. et al
Filing
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ORDER DISSOLVING STAY AND DIRECTING FILING OF MOTION TO DISMISS; ORDER LIFTING STAY. Signed by Judge Yvonne Gonzalez Rogers on 7/27/16. (fs, COURT STAFF) (Filed on 7/27/2016)
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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 DISSOLVING STAY AND DIRECTING
FILING OF MOTION TO DISMISS
v.
ODWALLA, INC. AND THE COCA-COLA CO.,
Defendants.
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In its March 25, 2014 Order (Dkt. No. 60), the Court granted the motion of Defendants
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Odwalla, Inc. and The Coca-Cola Company (collectively “Odwalla”) based upon primary
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jurisdiction grounds. The primary jurisdiction doctrine “allows courts to stay proceedings or to
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dismiss a complaint without prejudice pending the resolution of an issue within the special
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competence of an administrative agency…and is to be used only if a claim involves an issue of first
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impression or a particularly complicated issue Congress has committed to a regulatory agency.”
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Clark v. Time Warner Cable, 523 F. 3d 1110, 1114 (9th Cir. 2008). The Court granted the motion
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to dismiss, but stayed the action rather than dismissing it without prejudice, while awaiting the
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completion of the U.S. Food and Drug Administration’s (“FDA”) action concerning the term
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“evaporated cane juice” (or “ECJ”).
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On July 25, 2016, the parties filed a Joint Notice (Dkt. No. 85) indicating that the FDA had
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completed its process and issued administrative guidance concerning ECJ and requesting that the
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stay be lifted. Based thereon, the Court ORDERS that the Stay of this Action is DISSOLVED, and the
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action may proceed.
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In the Joint Notice, Odwalla also requests that the Court rule on the other grounds asserted
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in its prior motion to dismiss. The prior motion to dismiss having been granted, there is no pending
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motion before the Court. Odwalla may file its motion to dismiss within 14 days of issuance of this
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order on a regular, noticed-motion schedule on an available law and motion hearing date. In
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briefing the motion and opposition, the parties are directed that their briefs and supporting papers
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should be complete in themselves, and should not incorporate prior motions or briefing by
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reference.
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IT IS SO ORDERED.
Date: July 27, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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United States District Court
Northern District of California
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