STIPULATION AND [PROPOSED] ORDER LIFTING STAY, SETTING SCHEDULE, AND ADJOURNING CMC

EDWARD M. CHEN, District Judge.

Subject to the Court's approval, the parties stipulate as follows:

WHEREAS, on May 26, 2016, the FDA issued a guidance titled, "Ingredients Declared as Evaporated Cane Juice: Guidance for Industry";

WHEREAS, the parties agree that the stay currently in place, based on the primary jurisdiction doctrine, is no longer necessary in light of the May 26 Guidance; and

WHEREAS, the parties have conferred and agreed upon the appropriate next steps and schedule for resumption of this action; The parties stipulate and respectfully request that the Court enter an order as follows:

1. The stay previously imposed in this action is lifted;

2. Plaintiffs are granted leave to file, and shall file by August 31, 2016, a Second Amended Complaint;

3. Leave to file the Second Amended Complaint is without prejudice to any defenses Healthy Beverage may have to the Second Amended Complaint, including but not limited to defenses under Fed. R. Civ. P. 12(b)(1) and 12(b)(6);

4. Healthy Beverage shall respond to the Second Amended Complaint by answer or motion by October 31, 2016; and

5. The Case Management Conference currently scheduled for July 28, 2016 is adjourned. reset for 11/17/16 at 10:30 a.m. An updated joint CMC statement shall be filed by 11/10/16.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED (as modified)

L.R. 5-1(i)(3) ECF Attestation

I, Michael Eidel, am the ECF user whose ID and password are being used to file the following: STIPULATION AND [PROPOSED] ORDER LIFTING STAY, SETTING SCHEDULE, AND ADJOURNING CMC. In compliance with L.R. 5-1(i)(3), I hereby attest that we have concurred in this filing.