Miller v. Nature's Path Foods, Inc.

Background

Defendant Nature’s Path Foods, Inc. filed an administrative motion to continue the February 20, 2024 case management conference. The underlying lawsuit concerns Plaintiff Ian Miller’s claims that the company used protein claims on the front of breakfast and snack product packages without including the percentage of daily value for protein in the Nutrition Facts Panel.

Parties’ Positions and Court’s Reasoning

Defendant explained that new counsel had been engaged less than a month earlier and requested additional time to become familiar with the case. Defendant also pointed out that the Court often continues case management conferences when motions to dismiss are pending. Plaintiff opposed continuing the conference but did not propose an alternative extension; Plaintiff instead proposed holding the conference as scheduled.

The Court concluded that a modest extension was appropriate to allow Defendant’s new counsel to get up to speed. It also considered its practice of continuing case management conferences while motions to dismiss are pending. The Court used the parties’ competing proposals to select the more reasonable scheduling option.

Ruling

Judge Jon S. Tigar granted Defendant’s administrative motion to continue the case management conference. The Court continued the February 20, 2024 conference to June 18, 2024, at 2:00 p.m. An updated joint case management statement was due June 11, 2024. This order addressed scheduling and did not decide the merits of Plaintiff’s claims or Defendant’s pending motion to dismiss.