Reese v. Odwalla, Inc. et al

Filing 86

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)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN REESE, individually and on behalf of all others similarly situated, 8 9 10 United States District Court Northern District of California 11 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. 12 In its March 25, 2014 Order (Dkt. No. 60), the Court granted the motion of Defendants 13 Odwalla, Inc. and The Coca-Cola Company (collectively “Odwalla”) based upon primary 14 jurisdiction grounds. The primary jurisdiction doctrine “allows courts to stay proceedings or to 15 dismiss a complaint without prejudice pending the resolution of an issue within the special 16 competence of an administrative agency…and is to be used only if a claim involves an issue of first 17 impression or a particularly complicated issue Congress has committed to a regulatory agency.” 18 Clark v. Time Warner Cable, 523 F. 3d 1110, 1114 (9th Cir. 2008). The Court granted the motion 19 to dismiss, but stayed the action rather than dismissing it without prejudice, while awaiting the 20 completion of the U.S. Food and Drug Administration’s (“FDA”) action concerning the term 21 “evaporated cane juice” (or “ECJ”). 22 On July 25, 2016, the parties filed a Joint Notice (Dkt. No. 85) indicating that the FDA had 23 completed its process and issued administrative guidance concerning ECJ and requesting that the 24 stay be lifted. Based thereon, the Court ORDERS that the Stay of this Action is DISSOLVED, and the 25 action may proceed. 26 In the Joint Notice, Odwalla also requests that the Court rule on the other grounds asserted 27 in its prior motion to dismiss. The prior motion to dismiss having been granted, there is no pending 28 1 motion before the Court. Odwalla may file its motion to dismiss within 14 days of issuance of this 2 order on a regular, noticed-motion schedule on an available law and motion hearing date. In 3 briefing the motion and opposition, the parties are directed that their briefs and supporting papers 4 should be complete in themselves, and should not incorporate prior motions or briefing by 5 reference. 6 7 8 IT IS SO ORDERED. Date: July 27, 2016 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?