Natural Resources Defense Council, Inc. et al v. United States Food and Drug Administration et al
A lawsuit was filed against the U.S. Food and Drug Administration ('FDA') seeking to stop the use of human low-dose antibiotics in farm animal feed because, according to the Natural Resources Defense Council, doing so creates drug-resistant bacteria that can harm people.
| Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, Public Citizen, Inc. and Union Of Concerned Scientists, Inc. |
| United States Food and Drug Administration, Margaret Hamburg, Center for Veterinary Medicine, Bernadette Dunham, United States Department of Health and Human Services and Kathleen Sebelius |
| 1:2011cv03562 |
| May 25, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard M. Berman |
| Environmental Matters |
| 05 U.S.C. § 706 (a) Writ of Mandamus |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2012. A more recent docket listing may be available from PACER.
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| Filing 108 NOTICE OF APPEAL from 107 Clerk's Judgment,,,,,. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Barcelo, Amy) |
| Appeal Remark as to 108 Notice of Appeal, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine. NO FEE. USA. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 108 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 108 Notice of Appeal, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 94 Declaration in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 90 Declaration in Support, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 98 Memorandum of Law in Opposition to Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 95 Memorandum & Opinion, 107 Clerk's Judgment, 96 Reply Memorandum of Law, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 106 Order, 91 Declaration in Support, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 93 Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 104 Internet Citation, 97 Notice of Case Assignment/Reassignment, 102 Notice of Filing Transcript, 92 MOTION to Stay re: 70 Memorandum & Opinion, pending appeal. MOTION to Stay re: 70 Memorandum & Opinion, pending appeal filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 103 Order, 89 Memorandum of Law in Opposition, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 105 Endorsed Letter, 101 Transcript, 99 Reply Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 88 Notice of Appeal, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 26 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 78 Declaration in Support of Motion,, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 53 Amended Complaint, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 49 Order, 87 Endorsed Letter, Set Deadlines,, 82 Order, 60 Answer to Amended Complaint, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 61 Endorsed Letter, 13 Affidavit of Service Complaints, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 2 Rule 7.1 Corporate Disclosure Statement filed by Natural Resources Defense Council, Inc., 57 Memorandum of Law in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 25 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 7 MOTION for Avinash Kar to Appear Pro Hac Vice filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 32 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 79 MOTION to Strike Document No. (78-6). MOTION to Strike Document No. (78-6). filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 67 Rule 56.1 Statement filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 48 Scheduling Order, 36 FIRST MOTION for Leave to File Supplemental Complaint. filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 56 MOTION for Summary Judgment on Plaintiffs Third Claim for Relief. filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 21 Rule 56.1 Statement filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 10 Order on Motion to Appear Pro Hac Vice, 28 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 72 Transcript, 20 Memorandum of Law in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 84 Notice of Appearance, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 11 Amended Complaint, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 81 Order on Motion to Strike, 15 Answer to Amended Complaint, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 73 Notice of Filing Transcript, 16 Case Management Plan, 85 Memorandum of Law, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 43 Declaration in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 46 Memorandum of Law in Opposition to Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 77 Reply Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 76 MOTION Motion to Complete the Administrative Record re: 66 Notice (Other), Notice (Other). MOTION Motion to Complete the Administrative Record re: 66 Notice (Other), Notice (Other). filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 74 Memorandum of Law in Opposition to Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 19 MOTION for Summary Judgment. filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 1 Complaint, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 27 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 62 Stipulation and Order, 59 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 55 Reply Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 41 Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United State |
| Filing 107 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated August 27, 2012, plaintiffs motion for summary judgment on their first claim for relief is granted and defendants motion for summary judgment is denied; plaintiffs motion for summary judgment on their third claim for relief is granted and defendants motion for summary judgment on plaintiffs first supplemental complaint is denied; plaintiffs motion to strike (Docket no. 79) is granted in part, and Document no-78-6 is stricken from the record; defendants motion for a stay pending appeal, or, in the alternative, for an interim stay pending resolution of defendants planned application for a stay in the Second Circuit (Docket no. 92), is denied. Defendants are ordered to comply with the Courts Order of March 22, 2012, according to the schedule set forth in paragraphs 11 through 25 of the Declaration of William T. Flynn dated May 15, 2012 Docket no. 86). The Court will retain jurisdiction over this matter for the following limited purposes; (1) to hear any motion for compliance with the schedule for withdrawal proceedings ordered by the Court on August 8, 2012; and (2) assuming plaintiffs prevail on appeal, to entertain any motion for attorneys fees. (Signed by Clerk of Court Ruby Krajick on 8/30/12) (Attachments: # 1 Notice of Right to Appeal)(dt) |
Filing 106
ORDER: The Clerk of Court is hereby directed to enter final judgment in this case as set forth herein. The Court will retain jurisdiction over this matter for the following limited purposes: (1) to hear any motion for compliance with the schedule for withdrawal proceedings ordered by the Court on August 8, 2012; and (2) assuming plaintiffs prevail on appeal, to entertain any motion for attorneys' fees. (Signed by Magistrate Judge James C. Francis on 8/27/2012) (ja)
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| Transmission to Judgments and Orders Clerk. Transmitted re: 106 Order, to the Judgments and Orders Clerk. (ja) |
| Filing 105 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Jennifer A. Sorenson dated 8/21/12 re: Counsel for the plaintiffs request that the Court retain jurisdiction over this matter for the following limited purposes: to hear any motion for compliance with the schedule for withdrawal proceedings ordered by this Court on 8/8/12 and assuming plaintiffs prevail on appeal, to entertain any motion for attorneys' fees. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge James C. Francis on 8/22/2012) (mro) |
| Filing 104 INTERNET CITATION NOTE: Material from decision with Internet citation re: 103 Order. (tro) |
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Filing 103
MEMORANDUM AND ORDER re: 79 MOTION to Strike Document No. (78-6). MOTION to Strike Document No. (78-6), filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust. For the reasons set forth, the plaintiffs' motion to strike (Docket no. 79) is granted in part, and Document no. 78-6 is stricken from the record. The Government's motion for a stay pending appeal, or, in the alternative, for an interim stay pending resolution of the Government's planned application for a stay in the Second Circuit (Docket no. 92), is denied. Furthermore, the Government is ordered to comply with the Court's order of March 22, 2012, according to the schedule included in paragraphs 11 through 25 of the Declaration of William T. Flynn dated May 15, 2012 (Docket no. 86). (Signed by Magistrate Judge James C. Francis on 8/8/2012) Copies Mailed By Chambers. (ja)
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| Filing 102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 7/18/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) |
| Filing 101 TRANSCRIPT of Proceedings re: proceedings held on 7/18/2012 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.(tro) |
| Filing 100 Letter addressed to Magistrate Judge James C. Francis from Amy A. Barcelo dated 7/25/2012 re: I am writing on behalf of the Government in the above-referenced matter to correct an inadvertent error in two declarations submitted to the Court by William T. Flynn, D.V.M., M.S., the Deputy Director for Science Policy for the Center for Veterinary Medicine ("CVM") in the United States Food and Drug Administration ("FDA"). Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration.(lmb) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Oral Argument held on 7/18/2012. (lmb) |
| Filing 99 REPLY MEMORANDUM OF LAW in Support re: 92 MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal. MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 98 MEMORANDUM OF LAW in Opposition re: 92 MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal. MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 6/14/2012. (mro) |
| Filing 97 NOTICE OF CASE REASSIGNMENT to Magistrate Judge James C. Francis. Magistrate Judge Theodore H. Katz is no longer assigned to the case. (pgu) |
| Filing 96 REPLY MEMORANDUM OF LAW re: 85 Memorandum of Law, On Timing. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (London, Ellen) |
| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of FDA. Sent certified copy of docket entries and remand order. Mailed via Federal Express AIRBILL # 8768 7578 7924 on 6/7/2012. (rjm) |
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Filing 95
MEMORANDUM OPINION AND ORDER # 101877. For the reasons in this Memorandum Opinion and Order, Plaintiffs' motion for summary judgment on their third claim for relief is granted and Defendants' motion for summary judgment is denied. The Court remands the matter to the Agency for further proceedings consistent with this Opinion. The Court emphasizes that it is not compelling the Agency to reach a certain conclusion. The Court simply finds that the Agency's proffered grounds for denying the Petitions were arbitrary and capricious. Re: 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 56 MOTION for Summary Judgment on Plaintiffs Third Claim for Relief filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust. (Signed by Magistrate Judge Theodore H. Katz on 6/1/2012) (rjm) Modified on 6/6/2012 (ft).
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| Transmission to Docket Assistant Clerk. Transmitted re: 95 Memorandum & Opinion to the Docket Assistant Clerk for case processing. (rjm) |
| Filing 94 DECLARATION of William T. Flynn in Support re: 92 MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal. MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Barcelo, Amy) |
| Filing 93 MEMORANDUM OF LAW in Support re: 92 MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal. MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 92 MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration.(Barcelo, Amy) |
| Filing 91 DECLARATION of Jennifer A. Sorenson in Support re: 89 Memorandum of Law in Opposition,. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Sorenson, Jennifer) |
| Filing 90 DECLARATION of Lance Price, Ph.D. in Support re: 89 Memorandum of Law in Opposition,. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A)(Sorenson, Jennifer) |
| Filing 89 MEMORANDUM OF LAW in Opposition re: 85 Memorandum of Law, Concerning a Schedule for Compliance with the Court's Order. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 88 Notice of Appeal, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 26 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 78 Declaration in Support of Motion,, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 53 Amended Complaint, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 49 Order, 87 Endorsed Letter, Set Deadlines,, 82 Order, 60 Answer to Amended Complaint, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 61 Endorsed Letter, 13 Affidavit of Service Complaints, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 2 Rule 7.1 Corporate Disclosure Statement filed by Natural Resources Defense Council, Inc., 57 Memorandum of Law in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 25 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 7 MOTION for Avinash Kar to Appear Pro Hac Vice filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 32 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 79 MOTION to Strike Document No. (78-6). MOTION to Strike Document No. (78-6). filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 67 Rule 56.1 Statement filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 48 Scheduling Order,, 36 FIRST MOTION for Leave to File Supplemental Complaint. filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 56 MOTION for Summary Judgment on Plaintiffs Third Claim for Relief. filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 21 Rule 56.1 Statement filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 10 Order on Motion to Appear Pro Hac Vice, 28 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 72 Transcript,, 20 Memorandum of Law in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 84 Notice of Appearance, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 11 Amended Complaint,, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 81 Order on Motion to Strike, 15 Answer to Amended Complaint, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 73 Notice of Filing Transcript,, 16 Case Management Plan, 85 Memorandum of Law, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 43 Declaration in Support of Motion,, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 46 Memorandum of Law in Opposition to Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 77 Reply Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 76 MOTION Motion to Complete the Administrative Record re: 66 Notice (Other), Notice (Other). MOTION Motion to Complete the Administrative Record re: 66 Notice (Other), Notice (Other). filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 74 Memorandum of Law in Opposition to Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 19 MOTION for Summary Judgment. filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 1 Complaint, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 27 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 62 Stipulation and Order,,,,, 59 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 55 Reply Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 41 Memorandum of Law in Support of Motion, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, 70 Memorandum & Opinion,, 54 Affidavit of Service Complaints, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 39 Memorandum of Law in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 69 Endorsed Letter, 45 Counter Statement to Rule 56.1 filed by Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 29 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 86 Declaration in Support, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 34 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 35 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 30 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 37 Stipulation and Order,,, 23 Declaration in Support of Motion, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust, 9 Order on Motion to Appear Pro Hac Vice, 44 Declaration in Support of Motion,, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine, 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint. filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administ |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 88 Notice of Appeal. (tp) |
| Filing 88 NOTICE OF APPEAL from 70 Memorandum & Opinion. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Remark as to 88 Notice of Appeal, filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine. NO FEE. USA. (tp) |
| Filing 87 ENDORSED LETTER: addressed to Magistrate Judge Theodore H. Katz from Ellen London dated 5/16/2012 re: Counsel requests that the Governments reply be due on June 6, 2012. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 5/21/2012) (js) |
| Filing 86 DECLARATION of William T. Flynn in Support re: 85 Memorandum of Law,. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (London, Ellen) |
| Filing 85 MEMORANDUM OF LAW On Timing. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (London, Ellen) |
| Filing 84 NOTICE OF APPEARANCE by Ellen Melissa London on behalf of Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration (London, Ellen) |
| Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Motion Hearing held on 5/10/2012. (cd) |
| Filing 83 MEMORANDUM OF LAW in Opposition to Motion to Strike Non-Record Material. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
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Filing 82
ORDER: Having been advised that Defendants intend to oppose Plaintiffs' Motion to Strike, (Dkt. No. 79, dated April 18, 2012), and that Defendants have until May 7, 2012 to respond, the Court presently withdraws its Order, (Dkt. No. 81, dated May 2, 2012), granting Plaintiffs' Motion to Strike. (Signed by Magistrate Judge Theodore H. Katz on 5/2/2012) (jfe)
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| Filing 81 MEMO ENDORSEMENT on PLAINTIFFS' MOTION TO STRIKE NON-RECORD MATERIAL. ENDORSEMENT: Plaintiffs' motion is granted. So ordered. Granting 79 Motion to Strike Document No. [78-6]. (Signed by Magistrate Judge Theodore H. Katz on 5/2/2012) (rjm) |
| Filing 80 MEMO ENDORSEMENT on PLAINTIFFS' MOTION TO COMPLETE THE ADMINISTRATIVE RECORD. ENDORSEMENT: Plaintiff's motion is granted. So ordered. Granting 76 Motion to Complete the Administrative Record re: 66 Notice (Other), Notice (Other). (Signed by Magistrate Judge Theodore H. Katz on 5/2/2012) (rjm) |
| Filing 79 MOTION to Strike Document No. [78-6]. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc..(Sorenson, Jennifer) |
| ***STRICKEN DOCUMENT. Deleted document number [78-6] from the case record. The document was stricken from this case pursuant to 81 Order on Motion to Strike. (rjm) |
| Filing 78 DECLARATION of Amy A. Barcelo in Support re: 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barcelo, Amy) (Additional attachment(s) added on 5/2/2012: # 6 Exhibit 6) (jfe). |
| Filing 77 REPLY MEMORANDUM OF LAW in Support re: 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 76 MOTION Motion to Complete the Administrative Record re: 66 Notice (Other), Notice (Other). Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc..(Sorenson, Jennifer) |
| Filing 75 COUNTER STATEMENT TO 67 Rule 56.1 Statement. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 74 MEMORANDUM OF LAW in Opposition re: 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint. and Reply in Supp. of 56 Pls.' Mot. for Summ. J. on Third Claim for Relief. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 73 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRANSCRIPT proceeding held on 2/23/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 72 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 2/23/2012 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012.(McGuirk, Kelly) |
| Filing 71 NOTICE of Filing of Administrative Record (with CD attached). Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. ***Accepted for filing by the Honorable Theodore H. Katz on 3/22/2012, document #69.(mro) |
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Filing 70
MEMORANDUM AND OPINION re: #101602 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint filed by Margaret Hamburg, Kathleen Sebelius, Bernadette Dunham, United States Food and Drug Administration, United States Department of Health and Human Services, Center for Veterinary Medicine: Plaintiffs' Motion for Summary Judgment on their first claim for relief is granted and Defendants' Motion for Summary Judgment is denied. Defendants are hereby ordered to initiate withdrawal proceedings for the relevant NADAs/ANADAs, as further set forth within. (Signed by Magistrate Judge Theodore H. Katz on 3/22/2012) (ab) Modified on 3/27/2012 (jab).
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| Filing 69 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Amy A. Barcelo dated 3/20/2012 re: The Government writes to request leave to file the Administrative Record with the Court on CDs, rather than as a hard copy. The Government will file an index to the Administrative Record in hard copy, as well as hard copies of those portions of the Administrative Record that it cities to in its brief. ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 3/22/2012) (ab) |
| Filing 68 COUNTER STATEMENT TO 58 Rule 56.1 Statement. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 67 RULE 56.1 STATEMENT. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 66 NOTICE of Filing of Administrative Record re: 53 Amended Complaint,. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 65 DECLARATION of Amy A. Barcelo in Support re: 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1 of 6), # 5 Exhibit D (part 2 of 6), # 6 Exhibit D (part 3 of 6), # 7 Exhibit D (part 4 of 6), # 8 Exhibit D (part 5 of 6), # 9 Exhibit D (part 6 of 6), # 10 Exhibit E (part 1 of 8), # 11 Exhibit E (part 2 of 8), # 12 Exhibit E (part 3 of 8), # 13 Exhibit E (part 4 of 8), # 14 Exhibit E (part 5 of 8), # 15 Exhibit E (part 6 of 8), # 16 Exhibit E (part 7 of 8), # 17 Exhibit E (part 8 of 8), # 18 Exhibit F, # 19 Exhibit G, # 20 Exhibit H, # 21 Exhibit I)(Barcelo, Amy) |
| Filing 64 MEMORANDUM OF LAW in Support re: 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint. and in Opposition to Plaintiffs' Motion for Summary Judgment on Their Third Claim for Relief. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 63 MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. Responses due by 4/2/2012(Barcelo, Amy) |
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Filing 62
STIPULATION AND ORDER: IT IS HEREBY ORDERED THAT: Any objection to the production and use of the Comments in connection with this litigation on the ground that they are protected by the Privacy Act of 1974, 5 U.S.C. § 552a, is overruled. See 5 U.S.C. § 552a(b)(II). The Government will not include the Comments in the administrative record for the Petition Response that it files with the Court on March 21, 2012. The Government will serve Plaintiffs with a copy of the Comments on March 21, 2012. If Plaintiffs wish to rely on any of the Comments in support of their motion for summary judgment regarding their claim brought in the Supplemental Complaint or in opposition to the Government's motion for summary judgment on that same claim, they will notify the Government, at least 3 business days in advance of a court filing, of their intent to rely on such Comments. Prior to Plaintiffs' filing, the Government will redact from those Comments on which Plaintiffs intend to rely any non-releasable private information. If the Government does not timely redact private information from the Comments on which Plaintiffs wish to rely, or if there is any dispute over the extent of a proposed redaction, Plaintiffs may file the unredacted Comments under seal; as further set forth in this Stipulation and Order. (Signed by Magistrate Judge Theodore H. Katz on 3/21/2012) (mro)
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| Filing 61 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Amy A. Barcelo dated 3/19/2012 re: Request for a five-page extension from twenty-five pages to thirty pages, for the Government's brief in support of its motion for summary judgment. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 3/19/2012) (rjm) |
| Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Oral Argument held on 2/23/2012. (eef) |
| Filing 60 ANSWER to 53 Amended Complaint,. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration.(Barcelo, Amy) |
| Filing 59 DECLARATION of Mitchell S. Bernard in Support re: 56 MOTION for Summary Judgment on Plaintiffs Third Claim for Relief.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bernard, Mitchell) |
| Filing 58 RULE 56.1 STATEMENT. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Bernard, Mitchell) |
| Filing 57 MEMORANDUM OF LAW in Support re: 56 MOTION for Summary Judgment on Plaintiffs Third Claim for Relief.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Bernard, Mitchell) |
| Filing 56 MOTION for Summary Judgment on Plaintiffs Third Claim for Relief. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc..(Bernard, Mitchell) |
| Filing 55 REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 54 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Defendants. Service was made by Mail. Document filed by Center For Science In The Public Interest, Public Citizen, Inc., Union Of Concerned Scientists, Inc., Natural Resources Defense Council, Inc., Food Animal Concerns Trust. (Sorenson, Jennifer) |
| Filing 53 SUPPLEMENTAL COMPLAINT against All Defendants.Document filed by Center For Science In The Public Interest, Public Citizen, Inc., Union Of Concerned Scientists, Inc., Natural Resources Defense Council, Inc., Food Animal Concerns Trust.(rdz) Modified on 2/9/2012 (rdz). Modified on 2/9/2012 (rdz). |
| Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Pretrial Conference held on 1/31/2012. (eef) |
| Filing 52 RESPONSE re: 42 Rule 56.1 Statement. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 51 DECLARATION of Jennifer A. Sorenson in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A)(Sorenson, Jennifer) |
| Filing 50 MEMORANDUM OF LAW in Opposition re: 40 MOTION for Summary Judgment. and reply in support of 19 Pls. MOTION for Summary Judgment. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 49 MEMO ENDORSEMENT on re: 38 PLAINTIFFS' MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT. ENDORSEMENT: The motion to file a Supplemental Complaint is granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 1/31/2012) (rdz) |
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Filing 48
SCHEDULING ORDER: Plaintiffs shall file their motion for summary judgment on the new claim by February 21, 2012. Defendants shall file an answer to the supplemental Complaint by February 21, 2012. Defendants shall file their response to Plaintiffs' motion for summary judgment by March 21, 2012. Defendants shall file a reply with respect to any motion they file by April 16, 2012. Motions due by 2/21/2012. Responses due by 3/21/2012 Replies due by 4/16/2012. (Signed by Magistrate Judge Theodore H. Katz on 1/31/2012) (rdz)
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| Filing 47 REPLY MEMORANDUM OF LAW in Support re: 36 FIRST MOTION for Leave to File Supplemental Complaint., 38 MOTION for Leave to File Supplemental Complaint.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: 36 FIRST MOTION for Leave to File Supplemental Complaint., 38 MOTION for Leave to File Supplemental Complaint.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 45 COUNTER STATEMENT TO 21 Rule 56.1 Statement. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 44 DECLARATION of Amy A. Barcelo in Support re: 40 MOTION for Summary Judgment.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P Part 1 of 5, # 17 Exhibit P Part 2 of 5, # 18 Exhibit P Part 3 of 5, # 19 Exhibit P Part 4 of 5, # 20 Exhibit P Part 5 of 5)(Barcelo, Amy) |
| Filing 43 DECLARATION of Amy A. Barcelo in Support re: 40 MOTION for Summary Judgment.. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Barcelo, Amy) |
| Filing 42 RULE 56.1 STATEMENT. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 41 MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment. and in opposition to plaintiffs' motion for summary judgment. Document filed by Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Barcelo, Amy) |
| Filing 40 MOTION for Summary Judgment. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. Responses due by 1/31/2012(Barcelo, Amy) |
| Filing 39 MEMORANDUM OF LAW in Support re: 38 MOTION for Leave to File Supplemental Complaint.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Bernard, Mitchell) |
| Filing 38 MOTION for Leave to File Supplemental Complaint. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A: First Supplemental Complaint)(Bernard, Mitchell) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mitchell S. Bernard to RE-FILE Document 36 FIRST MOTION for Leave to File Supplemental Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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Filing 37
STIPULATION AND ORDER: Plaintiffs hereby withdraw, as moot, their Citizen Petitions Claim. Plaintiffs' Citizen Petitions Claim is dismissed without prejudice. Plaintiffs will not seek to recover costs and attorneys' fees for the Citizen Petitions Claim. However, Plaintiffs reserve the right to seek recovery of costs and attorneys' fees incurred in prosecuting any future claim relating to the Citizen Petitions, including, as appropriate, costs and fees associated with the Citizen Petitions Claim. The Government reserves its rights to oppose on any ground any claim by Plaintiffs to recover costs and attorneys' fees, and by signing this stipulation the Government does not concede that Plaintiffs are entitled to recover costs or fees associated with the CitizenPetitions Claim at a later date. (Signed by Magistrate Judge Theodore H. Katz on 1/6/2012) (ft)
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| Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Leave to File Supplemental Complaint. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. Return Date set for 1/27/2012 at 11:59 PM. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for Leave to File a Supplemental Complaint, # 2 First Supplemental Complaint for Declaratory and Injunctive Relief)(Bernard, Mitchell) Modified on 1/9/2012 (ldi). |
| Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Pretrial Conference held on 11/15/2011. (eef) |
| Filing 35 DECLARATION of Richard Wood in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 34 DECLARATION of Robert Weissman in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 33 DECLARATION of Jennifer A. Sorenson in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD)(Sorenson, Jennifer) |
| Filing 32 DECLARATION of Ilana Slaff-Galatan in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 31 DECLARATION of Jennifer Norris in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 30 DECLARATION of Rachel Mlinarchik in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 29 DECLARATION of Melissa Melum in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 28 DECLARATION of Linda Lopez in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 27 DECLARATION of Anne Kapuscinski in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 26 DECLARATION of Max Kahn in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A)(Sorenson, Jennifer) |
| Filing 25 DECLARATION of Michael F. Jacobson in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 24 DECLARATION of Dennis Haller in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 23 DECLARATION of Amanda J. Fleming in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 22 DECLARATION of Jasanna Britton in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 21 RULE 56.1 STATEMENT. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 20 MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment.. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Sorenson, Jennifer) |
| Filing 19 MOTION for Summary Judgment. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc..(Sorenson, Jennifer) |
| Filing 18 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jennifer A. Sorenson dated 9/13/2011 re: The parties jointly proposed the following briefing schedule to Judge Berman: (1) NRDC would move for summary judgment on October 7,2011; (2) FDA would oppose NRDC's motion and cross-move for summary judgment on November 8,2011; (3) NRDC would oppose FDA's motion and file a reply in support of its motion on December 2,2011; and (4) FDA would file a reply in support of its motion on December 16, 2011. Additionally, on behalf of NRDC, I respectfully request that the Court grant NRDC five additional pages for its memorandum in support of its motion for summary judgment, for a total of thirty pages. ENDORSEMENT: The proposed briefing schedule is acceptable. Granted. ( Cross Motions due by 11/8/2011., Motions due by 10/7/2011., Responses due by 12/2/2011, Replies due by 12/16/2011.) (Signed by Magistrate Judge Theodore H. Katz on 9/14/2011) (lmb) |
| Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/7/2011. Case management plan entered. (ft) |
| Filing 17 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Center For Science In The Public Interest, Center for Veterinary Medicine, Bernadette Dunham, Food Animal Concerns Trust, Margaret Hamburg, Natural Resources Defense Council, Inc., Public Citizen, Inc., Kathleen Sebelius, Union Of Concerned Scientists, Inc., United States Department of Health and Human Services, United States Food and Drug Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Theodore H. Katz. (Signed by Judge Richard M. Berman on 9/7/2011) (lmb) |
| Filing 16 CASE MANAGEMENT PLAN: Amended Pleadings due by 9/7/2011. Joinder of Parties due by 9/7/2011. Parties consent to proceed before Judge Katz. (Signed by Judge Richard M. Berman on 9/7/2011) (lmb) |
| Filing 15 ANSWER to 11 Amended Complaint,,. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration.(Barcelo, Amy) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. All Defendants. Service was made by Mail. Document filed by Center For Science In The Public Interest, Public Citizen, Inc., Union Of Concerned Scientists, Inc., Natural Resources Defense Council, Inc., Food Animal Concerns Trust. (Sorenson, Jennifer) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was made by Mail. Document filed by Center For Science In The Public Interest, Public Citizen, Inc., Union Of Concerned Scientists, Inc., Natural Resources Defense Council, Inc., Food Animal Concerns Trust. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Sorenson, Jennifer) |
| Filing 12 ENDORSED LETTER addressed to Judge Richard M. Berman from Amy A. Barcelo dated 7/6/2011 re: The Government writes to request an adjournment of the initial pre-trial conference currently scheduled for 7/11/2011 and to request a 60-day extension of time to answer the complaint. Plaintiffs consent to both of the Government's requests. ENDORSEMENT: The Government's time to move/answer the Complaint is extended to 9/6/2011. The initial pre-trial conference on 7/11/2011 is adjourned to 9/7/2011 at 9:30. We can discuss the parties' proposed briefing schedule at that conference. Parties to engage in good faith settlement negotiations prior to the conference. (Initial Conference set for 9/7/2011 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 7/7/2011) (ab) |
| Filing 11 AMENDED COMPLAINT amending 1 Complaint, against Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration.Document filed by Center For Science In The Public Interest, Public Citizen, Inc., Union Of Concerned Scientists, Inc., Natural Resources Defense Council, Inc., Food Animal Concerns Trust. Related document: 1 Complaint, filed by Union Of Concerned Scientists, Inc., Public Citizen, Inc., Natural Resources Defense Council, Inc., Center For Science In The Public Interest, Food Animal Concerns Trust.(mbe) (ama). |
| CASHIERS OFFICE REMARK on 7 Motion to Appear Pro Hac Vice, 8 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 06/07/2011, Receipt Number 8488. (jd) |
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 7 Motion for Avinash Kar to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 6/10/11) (js)
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Filing 9
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 8 Motion for Jennifer A. Sorenson to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 6/10/11) (js)
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| Filing 8 MOTION for Jennifer A. Sorenson to Appear Pro Hac Vice. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.(pgu) |
| Filing 7 MOTION for Avinash Kar to Appear Pro Hac Vice. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.(pgu) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Union Of Concerned Scientists, Inc.(ama) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Public Citizen, Inc.(ama) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Food Animal Concerns Trust.(ama) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Center For Science In The Public Interest.(ama) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc.(ama) |
| Filing 1 COMPLAINT against Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (Filing Fee $ 350.00, Receipt Number 7624)Document filed by Center For Science In The Public Interest, Public Citizen, Inc., Union Of Concerned Scientists, Inc., Natural Resources Defense Council, Inc., Food Animal Concerns Trust.(ama) |
| SUMMONS ISSUED as to Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. (ama) |
| Case Designated ECF. (ama) |
| Magistrate Judge Theodore H. Katz is so designated. (ama) |
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