Forsythe et al v. Mukasey et al

Filing 14

ORDER EXTENDING TIME FOR FEDERAL DEFENDANTS TO FILE RESPONSIVE PLEADING. The federal defendants shall have until February 26, 2009 to file a responsive pleading. Signed by Judge Maxine M. Chesney on January 7, 2009. (mmclc1, COURT STAFF) (Filed on 1/7/2009)

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELISSA K. BROWN (CSBN 203307) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) Plaintiff, ) ) v. ) ) MICHAEL MUKASEY, in his official ) capacity as ATTORNEY GENERAL, ) UNITED STATES DEPARTMENT OF ) JUSTICE; MICHAEL LEAVITT, in his official capacity as SECRETARY OF THE ) ) DEPARTMENT OF HEALTH AND HUMAN SERVICES, ANDREW C. VON ) ) ESCHENBACH, M.D. in his official capacity as the ACTING COMMISSIONER ) OF THE UNITED STATES FOOD AND ) ) DRUG ADMINISTRATION, MARK ) GUNDERSON, M.D. an individual, ROBERT PERLSTEIN, M.D. an individual, ) ) JOHN ZELINSKY, an individual, and ) DOES 1-10, ) ) Defendant. ) JAMES FORSYTHE, M.D. EARLENE FORSYTHE, No. C-08-5160 MMC STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FEDERAL DEFENDANTS TO FILE RESPONSIVE PLEADING

The parties, plaintiffs James W. Forsythe, M.D. and Earlene Forsythe, (collectively "Plaintiffs") and the federal defendants Michael Mukasey, Attorney General United States Department of Justice, Michael Leavitt, Secretary of the Department of Health and Human

S T I P U L A T I O N AND [PROPOSED] ORDER TO EXTEND TIME FOR FEDERAL DEFENDANTS TO FILE R E S P O N S I V E PLEADING C -0 8 -5 1 6 0 MMC

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Services, Andrew C. Von Eschenbach, M.D., Acting Commissioner of the United States Food and Drug Administration, Robert Perlstein, M.D. and John Zelinsky (collectively, "Defendants") by and through their counsel stipulate to the following: WHEREAS Plaintiff's filed their complaint in case on November 13, 2008; WHEREAS the United States Attorneys Office for the Northern District of California, San Francisco received a copy of the complaint via certified mail on November 25, 2008; WHEREAS, the Defendants' responsive pleading is currently due on January 26, 2009; WHEREAS, the individual defendants Robert Perlstein and John Zelinsky are in the process of obtaining approval for representation by the United States Attorney, pursuant to 28 C.F.R. 50.15 and this process could take several weeks; The parties hereby agree and stipulate as follows: The Defendants shall have until February 26, 2009 to file a responsive pleading in the action case No. C-08-5160 MMC. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Dated: January 6, 2009 MELISSA K. BROWN Assistant United States Attorney

KEVIN MIRCH, ESQ. MARIE MIRCH, ESQ. /s/ Dated: January 6, 2009 MARIE MIRCH Attorneys for the Plaintiffs

S T I P U L A T I O N AND [PROPOSED] ORDER TO EXTEND TIME FOR FEDERAL DEFENDANTS TO FILE R E S P O N S I V E PLEADING C -0 8 -5 1 6 0 MMC

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ORDER identified above The Court orders that the Defendants shall have until February 26, 2009, to a file responsive ^ pleading to the Complaint in Case No. CV 08-5160 MMC. Ja_____7, 2009 DATED:___nuary ____________

_________________________________ HONORABLE MAXINE M. CHESNEY U.S. DISTRICT COURT JUDGE

S T I P U L A T I O N AND [PROPOSED] ORDER TO EXTEND TIME FOR FEDERAL DEFENDANTS TO FILE R E S P O N S I V E PLEADING C -0 8 -5 1 6 0 MMC