Animal Legal Defense Fund v. United States Food & Drug Administration

Filing 172

STIPULATION AND ORDER RE STAY PENDING APPEAL DETERMINATION. Signed by Judge Elizabeth D. Laporte on February 7, 2019. (mllS, COURT STAFF) (Filed on 2/7/2019)

1 DAVID L. ANDERSON (CABN 149604)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 MICHELLE LO (NYBN 4325163)
WENDY M. GARBERS (CABN 213208)
4 Assistant United States Attorneys
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
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Telephone: [phone]
Facsimile: [phone]
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Email: [e-mail]
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Attorneys for Defendant
8 U.S. Food and Drug Administration
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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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ANIMAL LEGAL DEFENSE FUND,

Case 3:12-cv-04376-EDL

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Plaintiff,
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v.

STIPULATION AND [PROPOSED]
ORDER RE STAY PENDING APPEAL
DETERMINATION

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UNITED STATES FOOD AND DRUG
ADMINISTRATION,
Defendant.

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STIPULATION AND [PROPOSED] ORDER RE STAY PENDING APPEAL DETERMINATION
CASE NO. 3:12-CV-04376-EDL

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STIPULATION

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WHEREAS, on January 23, 2019, the Court issued its Findings of Fact & Conclusions of Law

3 (ECF 169) and then entered Judgment (ECF 170), ordering FDA to release, within 30 days, the subject
4 EIRs with the total number of hen houses, the total number of floors per hen house, the total number of
5 cage rows per hen house, and the total number of cage tiers per hen house;
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WHEREAS, the government’s deadline to file an appeal is sixty days from the date of the

7 Court’s Judgment, or March 25, 2019 (as March 24, 2019 falls on a Sunday). See 28 U.S.C. § 2107(b);
8 Fed. R. App. P. 4(a)(1)(B);
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WHEREAS, the decision whether to appeal rests with the Solicitor General of the United States,

10 who needs time to consider the issue. See 28 C.F.R. § 0.20(b).
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WHEREAS, defendant FDA has requested an extension of the production deadline, in order to

12 allow the government to consider its appellate options within the congressionally-established timeframe,
13 and plaintiff ALDF has agreed to FDA’s request.
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IT IS HEREBY STIPULATED, by the parties to the action, through their counsel of record that:

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1. FDA’s deadline to release the records ordered in the Judgment (ECF 170) shall be extended

16 to Monday, March 25, 2019.
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2. In the event that FDA elects to file a Notice of Appeal before that time, FDA’s obligation to

18 release the records ordered in the Judgment (ECF 170) shall be stayed pending appeal.
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Respectfully submitted,

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Dated: February 5, 2019
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DAVID L. ANDERSON
United States Attorney
/s/ Wendy M. Garbers
Wendy M. Garbers
Assistant United States Attorney
Counsel for Defendant FDA

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25 Dated: February 5, 2019
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/s/ Karen Johnson-McKewan*
KAREN JOHNSON-MCKEWAN
ORRICK, HERRINGTON & SUTCLIFFE LLP
Counsel for Plaintiff ALDF

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STIPULATION AND [PROPOSED] ORDER RE STAY PENDING APPEAL DETERMINATION
CASE NO. 3:12-CV-04376-EDL
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1 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
that each signatory has concurred in the filing of this document.
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[PROPOSED] ORDER
Pursuant to Stipulation, IT IS SO ORDERED.

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DATED:

February 7, 2019
Hon. Elizabeth D. Laporte
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER RE STAY PENDING APPEAL DETERMINATION
CASE NO. 3:12-CV-04376-EDL
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