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

Filing 34

ORDER CONTINUING DISPOSITIVE MOTION DEADLINES re 33 Stipulation filed by United States Food and Drug Administration. Signed by Judge Maria-Elena James on 5/27/2009. (mejlc1, COURT STAFF) (Filed on 5/27/2009)

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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

STIPULATION AND [PROPOSED] ORDER

Before:Hon. Maria-Elena James

Whereas on March 19, 2009, defendant received additional guidance from the United States Attorney General regarding further handling of Freedom of Information Act matters

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pending before federal agencies; and Whereas defendant is considering the application of the March 19, 2009 guidance to the above-captioned matter; and Whereas the due date for plaintiff to file a motion for summary judgment is May 28, 2009; and Whereas, if plaintiff decides to file a motion for summary judgment, such motion (or a portion of it) may become mooted if defendant concludes additional disclosures are warranted under the March 19, 2009 guidance; Whereas, judicial economy favors briefing of this matter after defendant makes any additional disclosures pursuant to the March 19, 2009 guidance; The parties therefore agree, stipulate and respectfully request that the Court issue an order making the following changes to the current scheduling order: Thursday, July 2, 2009 Thursday, July 16, 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. Thursday, August 13, 2009 Thursday, September 3, 2009 Defendant to file reply, if any. Hearing on cross-motions. 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

[PROPOSED] ORDER Good cause appearing, it is so ORDERED. May 27, 2009 ______________________________ Date

_______________________________ Judge Maria-Elena James

S t ip u la tio n and Order C 08-2741 MEJ

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