STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE Current CMC

EDWARD M. CHEN, District Judge.

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

WHEREAS, on October 16, 2015, this Court scheduled a Case Management Conference ("CMC") for April 7, 2016 [Dkt. 85];

WHEREAS, on March 11, 2016, the Court issued an Order in this action requesting that the FDA Commissioner inform the Court whether the FDA is likely to issue any further guidance regarding evaporated cane juice within the next 180 days [Dkt. 86];

WHEREAS, the parties seek to continue the CMC for approximately thirty (30) days to give the FDA additional time to respond to the Court's March 11, 2016 Order;

WHEREAS, the parties in Swearingen & Figy v. Healthy Beverage, LLC and The Healthy Beverage Company, 13-cv-04385 EMC, which is also before this Court and in which a CMC is also scheduled for April 7, 2016, have filed a motion seeking the same continuance; and

WHEREAS, the continuance shall be without prejudice to application for a further continuance in this matter;

The parties stipulate that:

1. The Case Management Conference shall be scheduled for May 5, 2016 at 10:30 a.m., or on such further date as the Court orders; and

2. The parties shall submit a Joint Case Management Statement on or before April 28, 2016 or on such further date that is seven days before the CMC.

[PROPOSED] ORDER

(as modified above)

PURSUANT TO STIPULATION, IT IS SO ORDERED.