Forsythe et al v. Mukasey et al

Filing 78

ORDER APPROVING STIPULATION TO ENLARGE TIME FOR FEDERAL DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT. The Federal Defendants will have until October 13, 2009 to file a responsive pleading to the Second Amended Complaint. Signed by Judge Maxine M. Chesney on September 21, 2009. (mmclc1, COURT STAFF) (Filed on 9/21/2009)

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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. ) ERIC HOLDER, in his official capacity as ) ) ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE; ) ) KATHLEEN SEBELIUS, in her official ) capacity as SECRETARY OF THE ) DEPARTMENT OF HEALTH AND ) HUMAN SERVICES, MARGARET A. HAMBURG, M.D. in her official capacity ) as the 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, ) ) Defendants. ) JAMES FORSYTHE, M.D. EARLENE FORSYTHE, No. C-08-5160 MMC ORDER APPROVING STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR FEDERAL DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT PURSUANT TO LOCAL RULE 6-2

S T I P U L A T I O N AND [PROPOSED] ORDER TO ENLARGE TIM E PURSUANT TO L.R. 6-2 C -0 8 -5 1 6 0 MMC

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The plaintiffs James W. Forsythe, M.D. and Earlene Forsythe, (collectively "Plaintiffs") and the federal defendants, Eric Holder, in his official capacity, Attorney General of the United States ("DOJ"); Kathleen Sebelius in her official capacity, Secretary of the United States Department of Health and Human Services ("DHHS"), Margaret A. Hamburg, M.D., Commissioner of the United States Food and Drug Administration ("FDA"), in her official capacity; former FDA Special Agent John Zelinsky (Agent Zelinsky) in his individual capacity and Robert Perlstein, M.D. ("Dr. Perlstein") in his individual capacity (collectively "Federal Defendants"), by and through their counsel stipulate to the following: WHEREAS, the Plaintiffs filed their Second Amended Complaint ("SAC") in the abovecaptioned action on September 15, 2009; WHEREAS, per court order, the Federal Defendants are currently required to file a responsive pleading and or answer by October 5, 2009; WHEREAS, the SAC contains two-hundred and seventy four paragraphs of factual allegations not including subparagraphs and thirteen claims for relief and requires the assistance of agency counsel for the Federal Defendants to formulate a response; WHEREAS, the undersigned Assistant United States Attorney was informed on September 17, 2009 that agency counsel for the Federal Defendants will be on military leave until September 23, 2009 and will also be out of the office on September 28, 2009 in observance of Yom Kippur; WHEREAS, the undersigned Assistant United States Attorney will be out of the country on October 2 through October 5, 2009; ACCORDINGLY, the Plaintiff and Federal Defendants (collectively "the parties") agree and stipulate as follows: The parties hereby stipulate and agree that the Federal Defendants will have until October 13, 2009 to file a responsive pleading to the Second Amended Complaint and respectfully // //

S T I P U L A T I O N AND [PROPOSED] ORDER TO ENLARGE TIM E PURSUANT TO L.R. 6-2 C -0 8 -5 1 6 0 MMC

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request that the Court enter an Order stating the same. So Stipulated.

DATED: September 18, 2009

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Melissa Brown ________________________________ MELISSA K. BROWN Assistant United States Attorney

DATED: September 18, 2009 MARIE C. MIRCH Mirch Law Office /s/ Marie Mirch ________________________________ MARIE MIRCH Attorney for the Plaintiffs

S T I P U L A T I O N AND [PROPOSED] ORDER TO ENLARGE TIM E PURSUANT TO L.R. 6-2 C -0 8 -5 1 6 0 MMC

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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 September 21, 20 Dated: _______________09 IT IS SO ORDERED

[PROPOSED ] ORDER Pursuant to the stipulation of the parties, the Federal Defendants will have until October 13, 2009 to file a responsive pleading to the Second Amended Complaint.

____________________________ HON. MAXINE M. CHESNEY United States District Court Judge

S T I P U L A T I O N AND [PROPOSED] ORDER TO ENLARGE TIM E PURSUANT TO L.R. 6-2 C -0 8 -5 1 6 0 MMC

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