Doe v. Hamburg et al

Filing 31

STIPULATION AND ORDER re 30 Vacating the Hearing on Defendants' Motion to Dismiss 22 MOTION to Dismiss. Case Management Statement due by 2/21/2013. Case Management Conference reset for 2/28/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/17/12. (bpf, COURT STAFF) (Filed on 12/17/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JANE DOE
Plaintiff,
vs.

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MARGARET A. HAMBURG, M.D.,
in her official capacity as Commissioner,
U.S. Food and Drug Administration
and
KATHLEEN SEBELIUS,
in her official capacity as Secretary,
U.S. Dep’t of Health and Human Services,

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Defendants.

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Case Number: C 12-03412 (EMC)

[PROPOSED] ORDER REGARDING
STIPULATED REQUEST FOR ORDER
GRANTING LEAVE, VACATING THE
HEARING ON DEFENDANTS’ MOTION
TO DISMISS COMPLAINT, AND
CHANGING TIME

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Pursuant to Civil Local Rule 6-2, plaintiff Jane Doe and defendants Margaret A.

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Hamburg, M.D., Commissioner of Food and Drugs, and Kathleen Sebelius, Secretary of Health

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and Human Services (collectively “Defendants”) have filed a Stipulated Request for Order
Granting Leave, Vacating the Hearing on Defendants’ Motion to Dismiss Complaint, and
Changing Time.
For good cause shown therein, it is hereby ORDERED that:
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[PROPOSED] ORDER GRANTING LEAVE, VACATING THE HEARING ON DEFENDANTS’ MOTION, AND CHANGING
TIME
CASE NO. C 12-03412 (EMC)

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The parties’ Stipulated Request is GRANTED;

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Defendants are GRANTED leave to withdraw their pending Motion to Dismiss
Complaint (“Motion”);

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3.

is VACATED;

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4.

Plaintiff is GRANTED leave to file an Amended Complaint, no later than January
11, 2013;

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The hearing on Defendants’ Motion, which is currently set for December 21, 2012

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Defendants are GRANTED leave to file any responsive pleadings to the Amended

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Complaint authorized by the Federal Rules of Civil Procedure, no later than

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February 25, 2013; and

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6.

The Case Management Conference currently scheduled for January 31, 2013 is
to February 28, 2013 at
CONTINUED, and will be rescheduled to a later date.
9:00 a.m. A joint CMC statement shall be filed by February 21, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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12/17
Dated: ________, 2012

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Judge E

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O OR
IT IS S
IFIED
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NO

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Hon. Edward M. Chen
United States District Judge
DERED

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UNIT
ED

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S DISTRICT
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[PROPOSED] ORDER GRANTING LEAVE, VACATING THE HEARING ON DEFENDANTS’ MOTION, AND CHANGING
TIME
CASE NO. C 12-03412 (EMC)