People of the State of California ex rel. Edmund G. Brown Jr., Attorney General v. United States Food and Drug Administration

Filing 32

SCHEDULING ORDER. Signed by Judge Maria-Elena James on 3/19/2009. (mejlc1, COURT STAFF) (Filed on 3/19/2009)

Case 3:08-cv-02741-MEJ

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Filed 03/18/2009

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EDMUND G. BROWN JR. Attorney General of the State of California JAMES HUMES Chief Deputy Attorney General J. MATTHEW RODRIQUEZ Chief Assistant Attorney General KEN ALEX Senior Assistant Attorney General EDWARD G. WEIL Supervising Deputy Attorney General LAURA J. ZUCKERMAN Deputy Attorney General State Bar No. 161896 1515 Clay Street, 20th Floor Oakland, CA 94612 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for People of the State of California JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ABRAHAM A. SIMMONS (SBN 146400) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Federal Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PEOPLE OF THE STATE OF CALIFORNIA, ex rel. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Plaintiff, v. UNITED STATES FOOD & DRUG ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 08-02741 MEJ

JOINT STATUS REPORT AND ORDER THEREON Before: Hon. Maria-Elena James

Case 3:08-cv-02741-MEJ

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Pursuant to this Court's February 17, 2009 Order, the parties hereby submit the following Joint Status Report: 1. In this FOIA action, the parties entered into a stipulation pursuant to which defendants disclosed certain documents and submitted a Vaughn Index by November 7, 2008. Plaintiff moved for supplementation of the Vaughn Index and on February 17, 2009, this Court granted Plaintiff's motion. 2. Pursuant to this Court's February 17, 2009, Order, Defendant timely served a supplemented index on March 10, 2009. Plaintiff is reviewing the index. 3. Plaintiff has informed defendant that plaintiff is not likely to seek further supplementation of the Vaughn Index. Both parties have expressed the likelihood that they will file for summary judgment. 4. The parties have conferred and have been unable to reach agreement regarding an appropriate briefing schedule. Their respective proposed schedules are set forth below: Plaintiff's Proposed Schedule: Thursday, May 28, 2009 Thursday, June 11, 2009 Thursday, June 25, 2009 Thursday, July 9, 2009 Thursday, July 30, 2009 Plaintiff to file Motion for Summary Judgment, if any. Defendant to file opposition and cross-motion, if any. Plaintiff to file reply and opposition to cross-motion, if any. Defendant to file reply, if any. Hearing on cross-motions.

Plaintiff submits that its filing the first brief, which likely will address only a subset of the documents in the Vaughn Index, will enable the parties and the Court to narrow the issues, focusing only on the documents remaining in dispute. This will aid the interests of efficiency for both the parties and the Court. Plaintiff intends shortly to begin meeting and conferring with defendant in an effort to resolve the matter without the need for the filing of motions.

Joint Status Report C 08-2741 MEJ

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Defendant's Proposed Schedule: March 18- May 7, 2009 Parties to meet and confer regarding whether plaintiff will seek any further disclosure of documents or indexing Defendant to file Motion for Summary Judgment Plaintiff to file opposition and cross-motion, if any Defendant to file reply in support of motion Defendant to file opposition to cross-motion, if any Plaintiff to file reply in support of cross-motion Defendant requests that there be no briefing or hearings Hearing on cross-motions

Thursday, May 7, 2009 Thursday, May 28, 2009 Thursday, June 11, 2009 Thursday, June 25, 2009 Thursday, July 9, 2009 July 10, 2009 through July 21, 2009

Thursday, July 30, 2009

Defendant submits that the parties should be able to meet and confer about any documents that plaintiff believes should be disclosed and that waiting until the end of May to begin briefing is not efficient. Respectfully submitted,

EDMUND G. BROWN JR. Attorney General of the State of California _________/S/_____________________ LAURA J. ZUCKERMAN Deputy Attorney General Dated: March 18, 2009

JOSEPH P. RUSSONIELLO United States Attorney ___________/S/__________________ ABRAHAM A. SIMMONS Assistant United States Attorney Dated: March 18, 2009

The Court hereby ADOPTS Plaintiff's proposed scheduled for summary judgment briefing, and shall conduct a hearing on July 30, 2009 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. DISTRI Dated: March 19, 2009

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