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Coyle v. Hornell Brewing Co.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


September 23, 2010

LAUREN COYLE, ON BEHALF OF HERSELF AND ALL THOSE SIMILARLY SITUATED, PLAINTIFF,
v.
HORNELL BREWING CO., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jerome B. Simandle U.S. District Judge

ORDER LIFTING STAY

The Court hereby advises all counsel of the receipt of the attached letter dated September 16, 2010, received September 21, 2010, from Michael M. Landa, Acting Director, Center for Food Safety and Applied Nutrition, U.S. Food and Drug Administration, declining to provide an FDA determination of the question whether high fructose corn syrup qualifies as a "natural" ingredient. This Court had referred this issue to the FDA pursuant to the Order of June 1, 2010 [Docket Item 115] and the Order of June 25, 2010 [Docket Item 118], and had stayed this litigation for six (6) months pending this referral.

It now appears that the stay should be lifted so that the case may proceed, and the Plaintiff's remaining claims may be prosecuted and that a schedule should be set for the reinstatement of Plaintiff's motion for class certification [Docket Item 108] and for briefing and hearing of that motion; and for these purposes a short scheduling conference will be convened by telephone on Wednesday, September 29, 2010 at 10:00 A.M.;

IT IS, this 23rd day of September, 2010, hereby

ORDERED that the temporary stay of litigation from June 25, 2010 will be dissolved and the case may proceed; and it is further

ORDERED that the Court will convene a telephone scheduling conference of all counsel on Wednesday, September 29, 2010 at 10:00 A.M., and Plaintiff's counsel is requested to arrange for the telephone conference call at that time.

20100923

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