Filed: Dec. 05, 2014
Latest Update: Dec. 05, 2014
Summary: JOINT STATUS REPORT REGARDING STAY OF LITIGATION SUSAN ILLSTON, District Judge. Defendant Santa Cruz Natural, Inc. and Plaintiffs Mary Swearingen and Robert Figy, by and through their respective counsel of record, hereby submit the following Joint Status Report concerning the Court's July 1, 2014 Order (Dkt. #47) staying this action pursuant to the primary jurisdiction doctrine: 1. On July 1, 2014, this Court stayed this action pending final guidance from the Food and Drug Administration ("FD
Summary: JOINT STATUS REPORT REGARDING STAY OF LITIGATION SUSAN ILLSTON, District Judge. Defendant Santa Cruz Natural, Inc. and Plaintiffs Mary Swearingen and Robert Figy, by and through their respective counsel of record, hereby submit the following Joint Status Report concerning the Court's July 1, 2014 Order (Dkt. #47) staying this action pursuant to the primary jurisdiction doctrine: 1. On July 1, 2014, this Court stayed this action pending final guidance from the Food and Drug Administration ("FDA..
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JOINT STATUS REPORT REGARDING STAY OF LITIGATION
SUSAN ILLSTON, District Judge.
Defendant Santa Cruz Natural, Inc. and Plaintiffs Mary Swearingen and Robert Figy, by and through their respective counsel of record, hereby submit the following Joint Status Report concerning the Court's July 1, 2014 Order (Dkt. #47) staying this action pursuant to the primary jurisdiction doctrine:
1. On July 1, 2014, this Court stayed this action pending final guidance from the Food and Drug Administration ("FDA") on the issue of whether "evaporated cane juice" is an appropriate name for the ingredient in question. Dkt. #47 at 7. At that time, the Court scheduled a status conference for December 12, 2014, and directed the parties to file this Joint Status Report no later than December 5, 2014.
2. As of the date of this Report, FDA has not issued further guidance on the evaporated cane juice ingredient. However, the parties have conferred and have stipulated to an extension of the stay in this case pending another status conference to be held following 90 days (March 12, 2015, or as soon thereafter as may be convenient for the Court), with a Joint Status Report to be filed 7 days prior, wherein the parties will advise the Court of the status of FDA's review.
3. In another matter involving evaporated cane juice, this Court recently extended the stay on similar terms. See Figy v. Amy's Kitchen, No. 3:13-cv-03816-SI, Dkt. #75 (November 26, 2014). Other Courts in this District have done the same. See, e.g., Gitson v. Trader Joe's Co., No. 3:13-cv-01333-VC, Dkt. #106 (N.D. Cal. Nov. 13, 2014); Swearingen v. Late July Snacks LLC, No. 3:13-cv-04324-EMC, Dkt. #71 (Nov. 10, 2014); Swearingen v. Healthy Beverage, LLC, 3:13-cv-04385-EMC Dkt. #60 (N.D. Cal. Nov. 10, 2014); Reese v. Odwalla, Inc., No. 4:13-cv-00947-YGR, Dkt. #66 (N.D. Cal. Nov. 4, 2014).
4. The parties accordingly respectfully request that the Court extend the stay of this action and continue the Status Conference currently scheduled for December 12, 2014 to March 12, 2015 or as soon thereafter as may be convenient for the Court.
