Doe v. Hamburg et al

Filing 40

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER for Order Changing Time filed by Margaret Hamburg, Kathleen Sebelius Case Management Statement due by 7/11/2013. Case Management Conference set for 7/18/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/25/13. (bpf, COURT STAFF) (Filed on 3/25/2013)

Download PDF
1 2 3 4 5 6 7 STUART F. DELERY Principal Deputy Assistant Attorney General MAAME EWUSI-MENSAH FRIMPONG Deputy Assistant Attorney General MICHAEL S. BLUME Director, Consumer Protection Branch SANG H. LEE (DCB – 985267) Trial Attorney, Consumer Protection Branch U.S. Department of Justice P.O. Box 386 Washington, DC 20044 Tel: (202) 616-0219 Fax: (202) 514-8742 Email: Sang.H.Lee@usdoj.gov 8 9 Attorneys for Defendants Margaret A. Hamburg, M.D., Commissioner of Food and Drugs, and Kathleen Sebelius, Secretary of Health and Human Services 10 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 JANE DOE 16 Plaintiff, 17 vs. 18 19 20 MARGARET A. HAMBURG, M.D., in her official capacity as Commissioner, U.S. Food and Drug Administration and 21 22 23 KATHLEEN SEBELIUS, in her official capacity as Secretary, U.S. Dep’t of Health and Human Services, 24 Defendants. 25 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Number: C 12-03412 (EMC) STIPULATED REQUEST FOR ORDER CHANGING TIME ; ORDER Place: Courtroom 5, 17th Floor 450 Golden Gate Avenue San Francisco, CA 94102 Judge: Hon. Edward M. Chen 26 27 28 /// /// 1 STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C 12-03412 (EMC) On January 11, 2013, Plaintiff Jane Doe filed her First Amended Complaint (d/e 33), 1 2 pursuant to the Court’s December 17, 2012 Order, (d/e 31). In her Amended Complaint, Doe 3 challenges the constitutionality of the Food and Drug Administration’s regulation of the 4 manufacture and distribution of human cells, tissues, and cellular and tissue-based products as 5 applied to “uncompensated donations of semen by private individuals to other private 6 individuals.” Amend. Compl. ¶ 11. On February 25, 2013, defendants Margaret A. Hamburg, M.D., Commissioner of Food 7 8 and Drugs, and Kathleen Sebelius, Secretary of Health and Human Services (collectively 9 “Defendants”), filed their Motion to Dismiss the First Amended Complaint (“Motion”) on the 10 grounds that the Court should decline jurisdiction and that Plaintiff has failed to state legally 11 cognizable claims. Pursuant to the parties’ stipulated request and the Court’s February 19, 2013 12 Order, (d/e 35), Plaintiff’s Response is due April 8, 2013, Defendants’ Reply is due May 13, 13 2013, and the hearing on Defendants’ Motion is set for June 20, 2013. Also pursuant to the Court’s February 19, 2013 Order, (d/e 35), the parties must file a 14 15 joint Case Management Conference (“CMC”) Statement by March 28, 2013, and the CMC is set 16 for April 4, 2013. The Court’s disposition of Defendants’ pending Motion may dispose of the matter. 17 18 Accordingly, in the interests of efficiency, the parties believe that the CMC and the deadline for 19 filing the joint CMC Statement should be rescheduled to a date after the hearing on Defendant’s 20 Motion. Accordingly, pursuant to Civil Local Rule 6-2, Plaintiff and Defendants, by and through 21 22 their undersigned counsel, hereby stipulate and respectfully request an order changing time as 23 follows: 24 1. The parties shall file a joint CMC Statement by July 11, 2013; and 25 2. The Case Management Conference currently scheduled for April 4, 2013, is rescheduled to July 18, 2013. 26 27 The Declaration of Sang H. Lee is submitted in support of this Stipulated Request. 28 /// 2 STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C 12-03412 (EMC) 1 IT IS SO STIPULATED. 2 3 Dated: March 21, 2013 BY: ___/s/ SHL______________ Sang H. Lee Attorney for Defendants Dated: March 21, 2013 BY: __/s/ Amber Abbasi__________ Amber D. Abbasi Attorney for Plaintiff 4 5 6 7 8 9 11 IT IS SO ORDERED that the CMC is reset for 7/18/13 at 9:00 a.m. A joint CMC statement shall be filed by 7/11/13. S DISTRICT TE C TA ____________________ 19 ER H 18 RT 17 R NIA dward Judge E NO 16 D RDERE n M. Che FO 15 OO IT IS S LI 14 Edward M. Chen U.S. District Judge A 13 UNIT ED S 12 RT U O 10 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 3 STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C 12-03412 (EMC) 1 2 3 4 5 ECF ATTESTATION I, Sang H. Lee, am the ECF User whose identification and password are being used to file this Stipulated Request for Order Changing Time. Pursuant to Civil L.R. 5-1(i), I hereby attest that Amber D. Abbasi, counsel for Plaintiff, Jane Doe, has concurred in this filing. 6 7 _____/s/ Sang Lee_______ Sang H. Lee Attorney for Defendants 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C 12-03412 (EMC)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?