Nacarino

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 ELENA NACARINO, Case No. 20-cv-07437-EMC (AGT)

Plaintiff,

DISCOVERY ORDER

v. 10 Re: Dkt. No. 79 CHOBANI, LLC, Defendant.

This order addresses the parties’ pending discovery dispute about the adequacy of Chobani’s supplemental responses to plaintiff’s first set of ROGs and RFPs. 1. Chobani need not respond further to ROGs and RFPs seeking discovery about “Qualified Vanilla Products” or “Unqualified Vanilla Products,” terms that cover Chobani yogurts, coffee creamers, and milks that aren’t at issue in this case. This case is only about Chobani’s vanilla- flavored Greek yogurt and about whether the label on that yogurt violates an FDA regulation. The labels on, and ingredients in, other Chobani products aren’t relevant. 2. For the yogurt at issue, all container sizes, of which three have been identified (32 oz., 5.3 oz., and a four-pack of the 5.3 oz.), are relevant. Regardless of size, the containers are alleged to have had “a common, uniform label.”…