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

Filing 107

CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated August 27, 2012, plaintiffs motion for summary judgment on their first claim for relief is granted and defendants motion for summary judgment is denied; plaintiffs motion for summary judgment on their third claim for relief is granted and defendants motion for summary judgment on plaintiffs first supplemental complaint is denied; 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, 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 Courts 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). 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 Clerk of Court Ruby Krajick on 8/30/12) (Attachments: # 1 Notice of Right to Appeal)(dt)