Casey v. Odwalla, Inc. et al
| Tara Casey |
| Odwalla, Inc. and The Coca-Cola Company |
| 7:2017cv02148 |
| March 24, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
84
ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within ninety (90) days of the date hereof. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next 90 days with a request that the agreement be "so ordered" by the Court. Defendants Rule 12(c) motion for judgment on the pleadings is denied without prejudice as moot. Clerk of the Court is requested to terminate the motion (doc. 76). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/20/2019) (rj)
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Filing
83
CANCELLATION NOTICE: The in-person conference scheduled for Monday, November 18, 2019, at 11:00 AM, before the Honorable Lisa Margaret Smith, United States Magistrate Judge, in the matter of Casey v. Odwalla, et al., 17-cv-2148 NSR)(LMS), has been cancelled. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 11/15/2019) (kv)
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Filing
55
OPINION & ORDER re: 23 MOTION to Dismiss TRANSFER OR STAY PLAINTIFFS COMPLAINT OR, IN THE ALTERNATIVE, DISMISS PURSUANT TO RULES 12(b)(1) AND 12(b)(6). filed by Odwalla, Inc., The Coca-Cola Company., For the foregoing reasons, Defe ndants' Motion is DENIED in part and GRANTED in part. It is granted insofar as it seeks dismissal of Plaintiff's unjust enrichment claim and an Order precluding Plaintiff from seeking injunctive relief. It is denied in all other respects . As venue would not be proper in the Central District of California, transfer would not be appropriate. Additionally, the Court cannot consider the FDA Letter on this motion to dismiss and it therefore finds that, on the facts alleged and matters of which this Court may take judicial notice, Plaintiff's claims are not preempted by the FDCA because Plaintiff sufficiently alleges that Defendants' labeling violates the FDCA and Defendants have not convinced this Court that their la beling is in compliance therewith. Nevertheless, the Court acknowledges the potential import of the FDA Letter and believes it is more properly considered on a motion for summary judgment. Defendants must answer the Complaint on or before October 12 , 2018. The parties are also directed to appear for a status conference on October 19, 2018 at 11:30 a.m. at which time Defendants can seek leave to file a motion for summary judgment if they so choose. The Clerk of the Court is respectfully direc ted to terminate the motion at ECF No. 23. SO ORDERED. ( Status Conference set for 10/19/2018 at 11:30 AM before Judge Nelson Stephen Roman.), Odwalla, Inc. answer due 10/12/2018; The Coca-Cola Company answer due 10/12/2018. (Signed by Judge Nelson Stephen Roman on 9/19/2018) (rj)
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