JOINT CMC STATEMENT RE: FDA ACTION WITH RESPECT TO ECJ GUIDANCE

EDWARD M. CHEN, District Judge.

Plaintiff Mary Swearingen and Robert Fighy, (Plaintiffs") and Healthy Beverage, LLC d/b/a The Healthy Beverage Company ("Healthy Beverage"), submit this Joint Case Management Conference Statement updating the court of the status of FDA's action regarding the evaporated cane juice ("ECJ") guidance pursuant to this Court's June 11, 2014 Order.

As of the date of this filing, the FDA has not issued any additional guidance concerning ECF or its usage

In at least four other cases courts in this district have extended the stay of ECJ cases until early 2015 See Reese v. Odwall, Inc., No. 3:13-cv-00947-YGR (N.D. Cal. Nov. 4, 2014) [Dkt #66] (extending stay 180 days); Avila v. Green Valley Organics L.P., No. 5:13-cv-0492-EJD (N.D. Cal. Oct. 29, 2014) [Dkt #50] (90 days); Figy v. Lifeway Foods, Inc., No. 3:13-cv-04828-THE (Oct. 21, 2014) [Dkt. #46] 90 days) Swearingen v. Pacific Foods of Oregon, Inc., No. 3:13-cv-04157-JD (Oct. 14, 2014) [Dkt. #40] (90 days).

The parties respectfully request that the Court extend the stay for an additional ninety (90) days and continue the status conference scheduled for November 13, 2014 until February 12, 2015 (or a date thereafter), to revisit whether continued stay is appropriate.

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: JOINT CMC STATEMENT. In compliance with L.R. 5-1(i) (3), I hereby attest that we have concurred in this filing.

IT IS SO ORDERED that the further CMC is reset from 11/13/14 to 2/12/15 at 10:30 a.m. An updated joint CMC statement shall be filed by 2/5/15.

IT IS SO ORDERED AS MODIFIED.