Natural Resources Defense Council, Inc. et al v. United States Food and Drug Administration et al

Filing 106

ORDER: The Clerk of Court is hereby directed to enter final judgment in this case as set forth herein. The Court will retain jurisdiction over this matter for the following limited purposes: (1) to hear any motion for compliance with the schedule for withdrawal proceedings ordered by the Court on August 8, 2012; and (2) assuming plaintiffs prevail on appeal, to entertain any motion for attorneys' fees. (Signed by Magistrate Judge James C. Francis on 8/27/2012) (ja)

AUG-27-2012

11:54

US ATTORNEY'S OFFICE

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UNITED STATES DISTRICT COURT

SOUTHERN DIST~ICT OF NEW YORK
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NATURAL RESOURCES DEFENSE

COUNCIL, INC.; CENTER FOR SCIENCE

IN THE PUBLIC INTEREST; FOOD

ANIMAL CONCERNS TRUST; PUBLIC

CITIZEN, INC.; and UNION OF

CONCERNED SCIENTISTS, INC.,

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11 Civ. 3562 (lCF)
ECF Case

Plaintiffs,

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ORDER
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UNITED STATES FOOD AND DRUG
ADMINISTRATION; MARGARET
HAMBURG, in her official capacity as
Conunissioner~ United States Food and Drug
Administration; CENTER FOR

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VETERINARY MEDICINE;
BERNADETTE DUNHAM, in her official

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capacity as Director, Center for Veterinary
Medicine; UNITED STATES
DEPARTMENT OF HEALTH AND

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HUMAN SERVICES; and KATHLEEN
SEBELIUS, in her official capacity as

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Secretary, United States Department of
Health and Human Services,
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Defendants. _

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The Clerk of Court is hereby directed to enter final judgment in this case as follows:

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1.

For the reasons stated in the Court's Memorandum Opinion and Order dated

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March 22, 2012 (Docket no. 70), plaintiffs' motion for summary judgment on their first claim for
relief (Docket no. 19) is granted and defendants' motion

tor summary judgment (Docket no. 40)

is denied.
2,

For the reasons stated in the Court's Memorandum Opinion and Order dated June

1,2012 (Docket no. 95), plaintiffs' motion for summary judgment on their third claim for relief

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US ATTORNEY'S OFFICE

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(Docket no. 56) is granted and defendants' motion for summary judgment on plaintiffs' first
supplemental complaint (Docket no. 63) is denied.

3.

For the reasons stated in the Court's Memorandum and Order dated August 8,

2012 (Docket no. 103), plaintiffs' motion to strike (Docket no. 79) is granted in part, and
Document no. 78-6 is stricken from the record. Defendants' motion for a stay pending appeal. or,
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in the alternative, for an interim stay pending resolution of defendants' planned application for a

stay in the Second Circuit (Docket no. 92), is denied. Defendants are ordered to comply with the

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Court's order of March 22, 2012, according to the schedule set forth in paragraphs 11 through 25
of the Declaration of William T. Flynn dated May 15,2012 (Docket no. 86).

4.

The Court will retain jurisdiction over this matter for the following limited

purposes: (1) to hear any motion for compliance with the schedule for withdrawal proceedings

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ordered by the Court on August 8, 2012; and (2) assuming plaintiffs prevail on appeal, to
entertain any motion for attorneys' fees.
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Dated:

SO

New York, New York

August 27, 2012

ORDERED~

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HE HONORABLE JAMES C. FRANCIS IV

!TED STATES MAGISTRATE JUDOE

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