Center for Food Safety et al v. Hamburg et al

Filing 45

ORDER by Judge Yvonne Gonzalez Rogers granting 27 Motion to Intervene; and Setting Briefing Schedule. (fs, COURT STAFF) (Filed on 4/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CENTER FOR FOOD SAFETY, et al.,

Case No. 14-cv-04932-YGR

Plaintiffs,
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v.
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MARGARET A. HAMBURG, Commissioner,
United States Food and Drug Administration,
et al.,

ORDER: (1) GRANTING MOTION TO
INTERVENE; AND (2) SETTING BRIEFING
SCHEDULE

United States District Court
Northern District of California

Defendants.
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I.

MOTION TO INTERVENE
On February 18, 2015, Elanco Animal Health (“Elanco”) filed an unopposed motion to

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intervene in this case. (Dkt. No. 27.) Having reviewed the papers submitted and good cause

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shown, the Court GRANTS the motion.

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II.

BRIEFING SCHEDULE
As agreed by the parties at the April 1, 2015 hearing, an initial set of motions under Rule

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12 will address only the issues of standing (by the U.S. Food and Drug Administration and Elanco,

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assuming standing is still at issue in light of plaintiffs’ affidavits) and exhaustion (by Elanco).

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By April 21, 2015, plaintiffs shall file their affidavits in support of standing. By May 5,

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2015, the FDA shall file its opening brief, not to exceed 15 pages. By May 12, 2015 Elanco shall

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file its opening brief, not to exceed 15 pages, supplementing the FDA’s brief if necessary on the

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issue of standing and addressing exhaustion. By May 26, 2015, plaintiffs shall file their

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opposition brief, not to exceed 20 pages. By June 2, 2015, the FDA and Elanco shall file their

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reply briefs, each not to exceed 7 pages. The hearing on these Rule 12 motions is hereby SET for

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June 16, 2015 at 2 p.m. in Courtroom 1 of the Federal Courthouse located at 1301 Clay Street,

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Oakland, California.

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If the case proceeds beyond this initial stage, the Court will establish a briefing schedule

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for summary judgment motions. In connection with the motions for summary judgment, the

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parties’ briefs shall be delivered to Chambers on a CD/DVD in Word and PDF format, each

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including hyperlinks. Specifically, all citations to the fact record shall be made available in

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hyperlink form; clicking on the hyperlinks shall result in the relevant PDF document opening up to

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the pages cited. Importantly, although clicking on the hyperlink should jump to the appropriate

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pin-cited page of the record document, the relevant record document in its entirety should open

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upon clicking the hyperlink (not merely an excerpt thereof), thus permitting the Court to review

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the cited material in its full context. The CD/DVD label shall include the names of the parties, the
case number, and a description of the documents.

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United States District Court
Northern District of California

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This Order terminates Docket Number 27.

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IT IS SO ORDERED.

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Dated: April 1, 2015
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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