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

Filing 38

JUDGMENT PURSUANT TO STIPULATION; DISMISSAL re 37 Stipulation filed by United States Food and Drug Administration. Signed by Judge Maria-Elena James on 8/5/2009. (mejlc1, COURT STAFF) (Filed on 8/5/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

EDMUND G. BROWN JR. Attorney General of California SANDRA GOLDBERG Deputy Attorney General State Bar No. 138632 LAURA J. ZUCKERMAN Deputy Attorney General State Bar No. 161896 1515 Clay Street, 20th Floor P.O. Box 70550 Oakland, CA 94612-0550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for People of the State of California ex rel. Edmund G. Brown Jr., Attorney General of the State of California IN THE UNITED STATES DISTRICT COURT FOR THE 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 RE DISMISSAL AND ENTRY OF JUDGMENT Date: Not set. Time: Not set. Courtroom: B, 15th Floor Judge: Hon. Maria-Elena James Trial Date: Not set. Action Filed: May 30, 2008

Plaintiff People of the State of California ex rel. Edmund G. Brown Jr., Attorney General of the State of California ("People") and defendant United States Food & Drug Administration ("FDA") hereby stipulate and agree as follows:

1 Stipulation and [Proposed] Order Re Dismissal and Entry of Judgment (Case No. C08-02741 MEJ)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and

WHEREAS FDA has produced the supplemented Vaughn Index the Court ordered it on February 17, 2009 to produce, together with documents called for by the Attorney General's Freedom of Information Act request that had not been produced previously; and WHEREAS the People do not intend to seek any further relief in this case; accordingly, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that: 1. 2. This action shall be dismissed with prejudice, and a stipulated judgment entered; No party may recover any costs, attorneys' fees, or monetary recovery for this action;

3.

This stipulation may be signed in counterpart, and facsimile signatures shall have the

same force and effect as originals.

Dated: August 5, 2009 EDMUND G. BROWN JR. Attorney General of the State of California _________/s/______________________ LAURA J. ZUCKERMAN Deputy Attorney General Attorneys for People of the State of California ex rel. Edmund G. Brown Jr., Attorney General JOSEPH P. RUSSONIELLO United States Attorney ____________/s/__________________ ABRAHAM A. SIMMONS Assistant U.S. Attorney Attorneys for FDA

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Clerk shall close the file.

5 Dated: August ___, 2009

_________________________________ Honorable Maria-Elena James Chief Magistrate Judge

OK2008900311

2 Stipulation and [Proposed] Order Re Dismissal and Entry of Judgment (Case No. C08-02741 MEJ)