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

Filing 38

Order by Hon. Vince Chhabria granting 37 Motion for Leave to File Excess Pages.(knmS, COURT STAFF) (Filed on 8/25/2014)

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

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

MICHAEL S. BLUME (PA 78525)
Director, Consumer Protection Branch
ANN F. ENTWISTLE (MN 0391111)
Trial Attorney, Consumer Protection Branch
[e-mail]

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

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

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CHERYL LEAHY (SBN 270665)
Compassion Over Killing

Attorneys for Defendants

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CARTER DILLARD (SBN 206276)
Animal Legal Defense Fund

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Attorneys for Plaintiffs

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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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COMPASSION OVER KILLING et al.,
Plaintiffs,

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

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CASE NO. 3:13-CV-01385-VC

JOINT MOTION FOR LEAVE TO
EXCEED PAGE LIMIT IN CROSSBRIEFING FOR SUMMARY
JUDGMENT

Defendants the Food and Drug Administration and the Honorable Margaret Hamburg,

24 M.D., its Commissioner; the Agriculture Marketing Service and the Honorable David R.
25 Shipman, its Administrator; the Food Safety Inspection Service and the Honorable Alfred V.
26 Almanza, its Administrator; and the Federal Trade Commission and the Honorable Edith
27 Ramirez, its Chairman (collectively, “Defendants”), along with Plaintiffs Compassion Over
28 JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMIT IN CROSS-BRIEFING FOR SUMMARY
JUDGMENT
3:13-cv-01385-VC

1 Killing, Animal Legal Defense Fund, Elizabeth Barrett, Andrea Bock, Linda Calbreath, Jason
2 Canada, Jeri Opalk, and Humberto Retana (collectively, “Plaintiffs”) by and through their
3 counsel of record, file this Joint Motion for Leave to Exceed Page Limit in Cross-Briefing for
4 Summary Judgment, and in support thereof state as follows:
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1.

This Honorable Court’s Standing Order for Civil Cases requires that, in the event

6 of cross-motions for summary judgment, the parties must file a total of four briefs sequentially,
7 with the first two briefs limited to 25 pages, the third brief limited to 20 pages, and the fourth
8 brief limited to 15 pages.
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2.

Plaintiffs filed a Motion for Summary Judgment on July 23, 2014. (Doc. 35)

10 Defendants’ opposition and cross-motion for summary judgment is due August 27, 2014.
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3.

In this action, Plaintiffs challenge the denial of four separate citizen petitions

12 requesting the initiation of rulemaking proceedings by three separate defendant federal agencies:
13 the Food and Drug Administration; the Federal Trade Commission; and the Agriculture
14 Marketing Service and Food Safety Inspection Service within the United States Department of
15 Agriculture. While each of the petitions requested promulgation of the same new regulations,
16 each federal agency analyzed the petition with regard to the specific statutes enforced by that
17 agency. Each agency’s actions in denying Plaintiffs’ citizen petition therefore require an
18 independent legal analysis under the Administrative Procedures Act.
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4.

For purposes of efficiency, all Defendants intend to file one consolidated brief in

20 support of summary judgment and in opposition to Plaintiffs’ motion. However, in order to
21 substantively address each agency’s denial of Plaintiffs’ citizen petitions and the legality of each
22 agency’s actions under the Administrative Procedures Act, Defendants require more than 25
23 pages for their consolidated brief.
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5.

Defendants request leave of this Court to file one, consolidated brief on behalf of

25 all Defendants, which shall not exceed 40 pages.
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6.

Correspondingly, Plaintiffs request leave of this Court to file a reply/opposition

27 brief limited to 35 pages.
28 JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMIT IN CROSS-BRIEFING FOR SUMMARY
JUDGMENT
3:13-cv-01385-VC

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7.

Defendants request leave of this Court to file a reply brief limited to 20 pages.

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For all the foregoing reasons, the parties respectfully request that this Court grant their

3 Joint Motion for Leave to Exceed Page Limit in Cross-Briefing for Summary Judgment.
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DATED: August 21, 2014

Respectfully submitted,
By:

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STUART DELERY
Assistant Attorney General, Civil Division

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MICHAEL S. BLUME
Director, Consumer Protection Branch

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/s/ Ann Entwistle
ANN ENTWISTLE
Trial Attorney, Consumer Protection Branch
On behalf of Defendants

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

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28 JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMIT IN CROSS-BRIEFING FOR SUMMARY
JUDGMENT
3:13-cv-01385-VC

[PROPOSED] ORDER

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Having reviewed the parties’ Joint Motion for Leave to Exceed Page Limit in Cross-

4 Briefing for Summary Judgment, and for good cause shown,
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IT IS HEREBY ORDERED:

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The parties’ joint motion is GRANTED. Defendants’ opening/opposition brief is limited

7 to 40 pages. Plaintiffs’ opposition/reply is limited to 35 pages. Defendants’ reply is limited to
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20 pages.

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25th
ENTERED this ___ day of August, 2014.

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August 25, 2014
DATED: _______________

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[PROPOSED] ORDER
3:13-cv-01385-VC

_________________________________
HON. VINCE CHHABRIA
United States District Judge