Samet v. Proctor and Gamble Company

Filing 177

ORDER STAYING CASE by Magistrate Judge Paul Singh Grewal denying 131 . (psglc1S, COURT STAFF) (Filed on 4/4/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

SARAH SAMET, et al.,

8

Plaintiffs,

ORDER STAYING CASE

v.

9
10

KELLOGG COMPANY, et al.,
Defendants.

11
United States District Court
Northern District of California

Case No. 5:12-cv-01891-PSG

12
13

Last November, the court partially stayed this case pending resolution of the appeals of

14

Brazil v. Dole Food Company, Inc., et al.,1 Jones v. ConAgra Foods, Inc.,2 and Kosta v. Del

15

Monte Foods, Inc.3 The court took under submission the narrow question of whether Plaintiffs

16

Sarah Samet and Robert Figy had standing to pursue their 0 grams trans fat and evaporated cane

17

juice claims, however, because “standing is a discrete issue that can be resolved without reference

18

to the outcomes in Brazil, Jones, and Kosta, and because it is ‘an essential and unchanging part of

19

the case-or-controversy requirement’ necessary for this court to have jurisdiction.”4

20

Since then, the Ninth Circuit stayed an ECJ food labeling case under primary jurisdiction

21

doctrine.5 The district court had dismissed the case—which raised ECJ claims nearly identical to

22
23

1

Case No. 14-17480 (9th Cir. filed Dec. 17, 2014).

24

2

Case No. 14-16327 (9th Cir. filed July 15, 2014).

25

3

Case No. 15-16974 (9th Cir. filed Oct. 2, 2015). See Docket No. 167.

26

4

Docket No. 167 at 3 (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)).

27

5

28

Kane v. Chobani, LLC, __ Fed. App’x __, Case No. 14-15670, 2016 WL 1161782 (9th Cir. Mar.
1
Case No. 5:12-cv-01891-PSG
ORDER STAYING CASE

1

Figy’s claims in this case—for lack of standing.6 On appeal, the Ninth Circuit vacated the district

2

court’s ruling and remanded “for entry of an order staying proceedings until such time as the U.S.

3

Food and Drug Administration (FDA) completes its proceedings regarding the use of the terms

4

‘evaporated cane juice’ and ‘natural’ in food labeling.”7
In light of the Ninth Circuit’s ruling, this court ordered the parties to show cause why this

5
6

case should not be stayed, in whole or in part.8 Plaintiffs respond that the case should be stayed in

7

its entirety: the ECJ claims until the FDA issues its guidance, and the 0 grams trans fat claims

8

pending the resolution of Bishop v. 7-Eleven, Inc.,9 an appeal involving reliance issues in a 0

9

grams trans fat claim similar to Samet’s claim.10 Defendants Kellogg Co. and Procter & Gamble
Co. acknowledge that the Ninth Circuit’s decision “makes clear that Plaintiff Robert Figy’s

11
United States District Court
Northern District of California

10

evarporated cane juice claims against MorningStar products should be stayed under the primary

12

jurisdiction doctrine,” but simultaneously argue that “[t]he Kane decision, however, does not

13

impact the pending motions on the issue of standing of the named Plaintiffs.”11
Contrary to Defendants’ position, the Ninth Circuit’s mandate is clear: it vacated a district

14
15

court opinion finding that the named plaintiffs lacked standing, and remanded for a stay under

16

primary jurisdiction doctrine. In light of that guidance, the court STAYS the ECJ claim, including

17

the standing question, under primary jurisdiction doctrine, until the FDA issues its guidance on

18

ECJ. Although court has broad discretion to determine whether it would be appropriate to sever

19
20
21
22

24, 2016).
6

See Kane v. Chobani, Inc., 973 F. Supp. 2d 1120, 1123 (N.D. Cal. 2014), vacated sub nom.
Kane v. Chobani, LLC, No. 14-15670, 2016 WL 1161782 (9th Cir. Mar. 24, 2016).
7

Kane v. Chobani, LLC, 2016 WL 1161782 at *1.

8

See Docket No. 174.

9

Case No. 14-15986 (9th Cir. filed May 19, 2014).

23
24
25

10

See Docket No. 176 at 2.

11

Docket No. 175 at 1.

26
27
28

2
Case No. 5:12-cv-01891-PSG
ORDER STAYING CASE

1

the 0 grams trans fat claims and resolve the standing question on those claims,12 Defendants have

2

not shown that severing would be appropriate in this case. This case is STAYED in its entirety;

3

the pending motion for class certification13 is DENIED without prejudice to renewal upon the

4

reopening of the case. Within seven days of the resolution of both the FDA and the Ninth

5

Circuit’s pending matters, the parties shall schedule a status conference by contacting the

6

undersigned’s courtroom deputy.

7

SO ORDERED.

8

Dated: April 4, 2016
_________________________________
PAUL S. GREWAL
United States Magistrate 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
12

25
26
27
28

See Fed. R. Civ. P. 21; TransPerfect Glob., Inc. v. MotionPoint Corp., Case No. C 10-2590 CW,
2014 WL 6068384, at *2 (N.D. Cal. Nov. 13, 2014) (quoting Coleman v. Quaker Oats Co., 232 F.3d
1271, 1296–97 (9th Cir. 2000)).
13

See Docket No. 131.
3

Case No. 5:12-cv-01891-PSG
ORDER STAYING CASE