Cruz-Acevedo, et al v. Unilever United States, Inc. et al

Filing 40

ORDER GRANTING 13 DEFENDANTS' MOTION TO STAY. Signed by Judge Edward J. Davila on 12/6/2017. The Clerk shall administratively close this file. (ejdlc2S, COURT STAFF) (Filed on 12/6/2017)

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARGARET CRUZ-ACEVEDO,

Case No. 5:16-cv-05599-EJD

Plaintiff,
ORDER GRANTING DEFENDANTS’
MOTION TO STAY

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v.
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UNILEVER UNITED STATES INC.,, et al.,

Re: Dkt. No. 13

Defendants.
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On August 26, 2015, Plaintiff filed this case in the United States District Court for the

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District of Puerto Rico. Dkt. No. 1. On November 24, 2015, Defendants moved to transfer the case

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to this Court. Dkt. No. 8. The Puerto Rico court granted the motion to transfer on September 26,

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2016. Dkt. No. 17.

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Before the case was transferred, Defendants moved for judgment on the pleadings, or

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alternatively, to stay proceedings under the primary jurisdiction doctrine. Dkt. No. 13. That

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motion is now pending before this Court.

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Case No.: 5:16-cv-05599-EJD
ORDER GRANTING DEFENDANTS’ MOTION TO STAY
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Defendants argue that this case should be stayed until the U.S. Food and Drug

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administration completes its proceedings regarding use of the term “natural” in food labeling. Id.

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at 12–18; see also Kane v. Chobani, LLC, 645 F. App’x 593, 594 (9th Cir. 2016) (staying case

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pending FDA proceedings regarding the term “natural”). Plaintiff did not oppose the motion.

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Accordingly, the Court STAYS this action pending completion of FDA proceedings

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regarding use of the term “natural” in food labeling. The parties shall file a joint status report

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every six months from the date of this order. The Clerk shall administratively close this file.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: December 6, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:16-cv-05599-EJD
ORDER GRANTING DEFENDANTS’ MOTION TO STAY
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