Harville
Harville v. Three Wishes Foods, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 LYDIA HARVILLE, Case No. 5:22-cv-04774-EJD
Plaintiff, ORDER GRANTING MOTION TO
STAY CASE
v.
THREE WISHES FOODS, INC., Re: ECF No. 34 Defendant.
Before the Court is Defendant Three Wishes Foods Inc.’s (“Three Wishes”) Motion to Stay Case pending Ninth Circuit decisions. The Court finds this motion suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). In consideration of the parties’ moving papers and in weighing the competing interests, the Court GRANTS the motion and STAYS the case. Plaintiff Lydia Harville brings this class action against Three Wishes seeking redress for the brand’s allegedly deceptive practices in labeling and marketing the amount of protein on its cereal packages and unlawfully fortifying its cereal. Compl., ECF No. 1. Three Wishes uses plant-based proteins in its cereal products, such as proteins derived from chickpea, pea, and …