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

Filing 43

Order by Hon. Vince Chhabria granting 42 Stipulation to Continue Hearing on Cross-motions for Summary Judgment.(knm, COURT STAFF) (Filed on 10/15/2014)

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

JOYCE R. BRANDA
Acting Assistant Attorney General
Civil Division, U.S. Department of Justice
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 STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
HEARING ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT

Pursuant to Civil Local Rules 6-2 and 7-12 and this Court’s Standing Order,

24 Defendants the Food and Drug Administration and the Honorable Margaret Hamburg, M.D., its
25 Commissioner; the Agriculture Marketing Service and the Honorable David R. Shipman, its
26 Administrator; the Food Safety Inspection Service and the Honorable Alfred V. Almanza, its
27 Administrator; and the Federal Trade Commission and the Honorable Edith Ramirez, its
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JOINT STIPULATION TO CONTINUE HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
3:13-cv-01385-VC

1 Chairman (collectively, “Defendants”), along with Plaintiffs Compassion Over Killing, Animal
2 Legal Defense Fund, Elizabeth Barrett, Andrea Bock, Linda Calbreath, Jason Canada, Jeri
3 Opalk, and Humberto Retana (collectively, “Plaintiffs”) by and through their counsel of record,
4 hereby stipulate as follows:
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1.

On July 23, 2014, Plaintiffs filed their Motion for Summary Judgment (Doc. 35)

6 and noticed a hearing for December 4, 2014 at 10:00 a.m. On August 27, 2014, Defendants filed
7 a Cross-Motion for Summary Judgment (Doc. 40) and noticed the same hearing date.
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2.

Under the Court’s Order setting a briefing schedule for cross-motions for

9 summary judgment, Defendants’ reply brief shall be filed on or before October 27, 2014. On or
10 before November 14, 2014, the parties shall file a joint appendix, containing the portions of the
11 administrative record relied on by either party.
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3.

Lead counsel for Defendants, Ann F. Entwistle, was recently granted the

13 opportunity to attend professional training from December 2-4, 2014. Additionally, counsel for
14 the Federal Trade Commission was ordered on October 1, 2014 to file an appellate brief with the
15 Court of Appeals for the District of Columbia Circuit on December 10, 2014. This obligation
16 would prevent her from travelling to California for the noticed hearing on December 4, 2014.
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4.

The parties met and conferred and agreed to a brief, one week extension of the

18 hearing date on cross-motions for summary judgment.
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5.

The parties request that the Court continue the December 4 hearing date one week

20 to December 11, 2014.
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6.

The parties have not requested any previous extensions or modifications of the

22 dispositive motion briefing schedule entered by the Court on April 5, 2014. The parties
23 previously requested and received a stay of the case to allow the Food and Drug Administration
24 to review and respond to Plaintiffs’ citizen petition, in order to significantly narrow and resolve
25 some of the issues in this case.
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7.

The requested modification will have no effect on any other date in the schedule

27 for the above-captioned case.
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JOINT STIPULATION TO CONTINUE HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
3:13-cv-01385-VC

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

2 hearing on the parties’ cross-motions for summary judgment one week, to December11, 2014.
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DATED: October 14, 2014

Respectfully submitted,
By:

STUART DELERY
Assistant Attorney General, Civil Division

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MICHAEL S. BLUME
Director, Consumer Protection Branch
/s/ Ann Entwistle
ANN ENTWISTLE
Trial Attorney, Consumer Protection Branch
On behalf of Defendants
By: /s/ Jennifer S. Rosen
Jennifer S. Rosen
BINGHAM MCCUTCHEN LLP
Jennifer S. Rosen
On behalf of Plaintiffs

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JOINT STIPULATION TO CONTINUE HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
3:13-cv-01385-VC

[PROPOSED] ORDER

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Having reviewed the parties’ Joint Stipulation to Continue Hearing on Cross-Motions for

4 Summary Judgment, and for good cause shown,
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PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing on the parties

6 cross-motions for summary judgment (Dkt. Nos. 35, 40), scheduled to take place on December 4,
7 2014, is hereby continued to December 11, 2014 at 10:00 a.m. in Courtroom 4 on the 17th floor
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of the United States District Court for the Northern District of California, located at 450 Golden

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Gate Avenue, San Francisco, California 94102.
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ENTERED this 15thday of October, 2014.
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October 15, 2014
15 DATED: _______________

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

_________________________________
HON. VINCE CHHABRIA
United States District Judge