Kane v. Chobani, Inc

Filing 182

ORDER STAYING CASE. Signed by Judge Lucy H. Koh on July 29, 2016. (lhklc1, COURT STAFF) (Filed on 7/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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KATIE KANE, et al.,

Case No. 12-CV-02425-LHK

Plaintiffs,

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v.

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ORDER STAYING CASE

CHOBANI, INC.,

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Defendant.

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On March 16, 2016, the Ninth Circuit vacated the Court’s prior judgment in the instant

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case and remanded “with instructions that the district court stay this action pending resolution of

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the FDA’s ‘natural’ and ‘evaporated cane juice’ proceedings.” ECF No. 180. The Ninth Circuit

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subsequently issued the mandate in this case. ECF No. 181. Therefore, the Court STAYS

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proceeding in the instant case. The Clerk shall administratively close the file.

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The Court notes that since the Ninth Circuit’s March 16, 2016 decision, the FDA has

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issued a Guidance for Industry: Ingredients Declared as Evaporated Cane Juice, Dkt. No. FDA-

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2009-D-0430. The parties shall notify the Court within seven days of the resolution of the FDA’s

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proceedings on the term “natural.”

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IT IS SO ORDERED.

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Case No. 12-CV-02425-LHK
ORDER STAYING CASE

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Dated: July 29, 2016
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 12-CV-02425-LHK
ORDER STAYING CASE