Compassion Over Killing et al v. Food and Drug Administration et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION filed by Food Safety and Inspection Service, Margaret Hamburg, Edith Ramirez, Alfred V. Almanza, Federal Trade Commission, David R. Shipman, Agriculture Marketing Service, Food and Drug Administration. Motions due by 7/23/2014. Signed by Judge Vince Chhabria on 5/2/2014. (knm, COURT STAFF) (Filed on 5/5/2014)

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STUART DELERY
Assistant Attorney General
Civil Division, U.S. Department of Justice

BINGHAM MCCUTCHEN LLP
Thomas S. Hixson (SBN 193033)
[e-mail]
Jordan Ray (SBN 265346)
[e-mail]
Jennifer S. Rosen (SBN 274867)
[e-mail]

MAAME EWUSI-MENSAH FRIMPONG
(SBN 222986)
Deputy Assistant Attorney General
Civil Division

Three Embarcadero Center
San Francisco, CA 94111-4067
[phone]
Fax: [phone]

MICHAEL S. BLUME (PA 78525)
Director, Consumer Protection Branch

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LAUREN HASH BELL (TX 24050728)
Trial Attorney, Consumer Protection Branch
[e-mail]

CHERYL LEAHY (SBN 270665)
Compassion Over Killing

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450 5th St. NW, Room 6400 S
Washington, DC 20530
[phone]
Fax: [phone]

CARTER DILLARD (SBN 206276)
Animal Legal Defense Fund
Attorneys for Plaintiffs

Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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COMPASSION OVER KILLING et al.,

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Plaintiffs,
v.
FOOD AND DRUG ADMINISTRATION et
al.,
Defendants.

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CASE NO. 4:13-CV-01385-VC

JOINT STIPULATION REGARDING
SCHEDULING FOR FILING
DISPOSITIVE BRIEFING

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All parties in the above-captioned matter have entered an agreement regarding the
schedule for the filing of dispositive briefing in this case. The parties hereby respectfully file
this stipulated request for the Court to enter the agreed-to briefing schedule, as described and
explained below.
JOINT SCHEDULING STIPULATION
4:13-cv-01385-VC

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1. On February 6, 2014, the parties filed a stipulation proposing that the Court order a

2 schedule for the filing of dispositive briefing in this case, including a six-brief cross-motion for
3 summary judgment schedule.
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2. On the same day, the Court filed an Order adopting the parties’ proposed briefing

5 schedule.
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3. On April 17, 2014, this case was reassigned to the Honorable Vince Chhabria for all

7 further proceedings. Pursuant to the Order Reassigning Case, all briefing deadlines remain in
8 place following reassignment.
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4.

The Judge’s standing order requires that, in the event of cross-motions for

10 summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs
11 of simultaneous briefs. The standing order further states that the parties may submit a stipulation
12 and proposed order setting a briefing schedule for cross-motions for summary judgment.
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5. The parties have met and conferred concerning the case reassignment and the Judge’s

14 standing order and agreed that given the case reassignment, the previously ordered briefing
15 schedule in this case should be stricken, and the following schedule should be adopted:
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a. On or before July 23, 2014, plaintiffs shall file a motion for summary
judgment.

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b. On or before August 27, 2014, defendants shall file an opening/opposition

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brief. If defendants do not move for dismissal pursuant to Federal Rule of

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Civil Procedure 12(b), defendants shall also answer plaintiff’s complaint on or

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before August 27, 2014.

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c. On or before September 26, 2014, plaintiffs shall file their opposition/reply
brief.
d. On or before October 27, 2014, defendants shall file their reply brief in
support of their motion for summary judgment.
e. On or before November 14, 2014, the parties shall file a joint appendix,
containing the portions of the administrative record relied on by either party.
JOINT SCHEDULING STIPULATION
4:13-cv-01385-VC

1 DATED: May 1, 2014
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By: /s/ Lauren H. Bell
LAUREN HASH BELL
Trial Attorney, Consumer Protection Branch
On behalf of Defendants

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By: /s/ Jordan Ray
Jordan Ray
BINGHAM MCCUTCHEN LLP
Jordan Ray
Jennifer S. Rosen
On behalf of Plaintiffs

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Respectfully submitted,

JOINT SCHEDULING STIPULATION
4:13-cv-01385-VC

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[PROPOSED] ORDER

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The terms and conditions of this Joint Stipulation Regarding Scheduling for Filing

3 Dispositive Briefing are hereby adopted as an ORDER of this Court. The following schedule is
4 entered in this case:
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a. On or before July 23, 2014, plaintiffs shall file a motion for summary
judgment.

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b. On or before August 27, 2014, defendants shall file an opening/opposition

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brief. If defendants do not move for dismissal pursuant to Federal Rule of

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Civil Procedure 12(b), defendants shall also answer plaintiff’s complaint on or

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before August 4, 2014.
c. On or before September 26, 2014, plaintiffs shall file their opposition/reply
brief.
d. On or before October 27, 2014, defendants shall file their reply brief in support
of their motion for summary judgment.
e. On or before November 14, 2014, the parties shall file a joint appendix,
containing the portions of the administrative record relied on by either party.

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April 2, 2014

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DATED: _______________

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[PROPOSED] ORDER
4:13-cv-01385-VC

_________________________________
HON. VINCE CHHABRIA
United States District Judge