Maxwell v. Unilever United States, Inc. et al
ORDER TO SHOW CAUSE. The court hereby issues an order to show cause why this action should not be stayed under the primary jurisdiction doctrine. If the parties do not, by 4/6/2016, demonstrate good cause in writing why this case should not be so stayed, the court will enter such an order. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 3/30/2016. (ejdlc1S, COURT STAFF) (Filed on 3/30/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
AMY MAXWELL, individually and on
behalf of all others similarly situated,
Case No. 5:12-cv-01736-EJD
ORDER TO SHOW CAUSE
United States District Court
Northern District of California
UNILEVER UNITED STATES, INC., et al.,
Because several of Plaintiff’s claims challenge Defendant’s use of the term “natural” on its
products, the court intends to stay this action consistent with the Ninth Circuit’s opinion filed in
Kane v. Chobani, LLC, No. 14-15670, 2016 U.S. App. LEXIS 5517 (9th Cir. Mar. 24, 2016).
Accordingly, the court hereby issues an order to show cause why this action should not be
stayed under the primary jurisdiction doctrine until such time as the U.S. Food and Drug
Administration completes its proceedings regarding use of the term “natural” in food labeling. If
the parties do not, by April 6, 2016, demonstrate good cause in writing why this case should not
be so stayed, the court will enter such an order. No hearing will be held on the order to show
cause unless otherwise ordered by the court.
The pending motions (Dkt. No. 87, 89, 100) are TERMINATED in light of the OSC.
IT IS SO ORDERED.
Dated: March 30, 2016
EDWARD J. DAVILA
United States District Judge
Case No.: 5:12-cv-01736-EJD
ORDER TO SHOW CAUSE
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