Van Atta v. General Mills, Inc.

Filing 58

ORDER granting 53 Motion to Re-Open Case by Magistrate Judge Michael J. Watanabe on 5/9/14. The matter remains stayed until further order of the court. A Telephonic Status Conference is set for 5/27/2014 10:00 AM before Magistrate Judge Michael J. Watanabe.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02815-MSK-MJW
NICOLE VAN ATTA, as an individual, and on behalf of all others similarly situated,
Plaintiff,
v.
GENERAL MILLS, INC., a Delaware corporation,
Defendant.
ORDER ON
PLAINTIFF’S MOTION TO RE-OPEN CASE
(Docket No. 53)
MICHAEL J. WATANABE
United States Magistrate Judge
This case is before this court pursuant to an Order Referring Case (Docket No. 5)
issued by Chief Judge Marcia S. Krieger on November 9, 2012.
Now before the court is plaintiff’s Motion To Re-Open Case (Docket No. 53). The
court has carefully considered the subject motion (Docket No. 53), defendant’s
response (Docket No. 54), and plaintiff’s reply (Docket No. 55). In addition, the court
has taken judicial notice of the court’s file, and has considered the applicable Federal
Rules of Civil Procedure and case law. The court now being fully informed makes the
following findings of fact, conclusions of law, and order.
On August 5, 2014, this matter was closed pending an administrative action by
the FDA with respect to a referral made by Judge Rogers in Cox v. Gruma Corp., Case
No. 12-cv-6502-YGR (N.D. Cal. 2012). Chief Judge Krieger’s Order (Docket No. 52)
closing the case stated that either party may move to reopen the case upon a showing

2
that the final administrative action had occurred. On January 14, 2014, plaintiff filed the
subject motion requesting this matter to be reopened, and noted therein that the FDA
issued its response in Cox on January 6, 2014. The FDA stated that “we respectfully
decline to make a determination at this time regarding whether and under what
circumstances food products containing ingredients produced using genetically
engineered ingredients may or may not be labeled ‘natural.’”
In its response (Docket No. 53), defendant’s put forth several arguments as to
why this matter should remain closed, none of which directly address the predicate for
reopening the case set forth in Chief Judge Krieger’s Order (Docket No. 52). Because
the “the final administrative action contemplate by the Recommendation” as been
issued, the court finds good cause to reopen the case.

WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that plaintiff’s Motion To Re-Open Case (Docket No. 53) is
GRANTED. The Clerk is directed to reopen this matter. The matter remains stayed
until further order of the court. It is
FURTHER ORDERED that the court will hold a Telephonic Status Conference on
May 27, 2014 at 10:00 a.m. The parties are directed to jointly contact the court’s
chambers (303-844-2403) at the scheduled time.

Date: May 9, 2014
Denver, Colorado

s/ Michael J. Watanabe
Michael J. Watanabe
United States Magistrate Judge