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

Filing 18

ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jennifer A. Sorenson dated 9/13/2011 re: The parties jointly proposed the following briefing schedule to Judge Berman: (1) NRDC would move for summary judgment on October 7,2011; (2) FDA would oppose NRDC's motion and cross-move for summary judgment on November 8,2011; (3) NRDC would oppose FDA's motion and file a reply in support of its motion on December 2,2011; and (4) FDA would file a reply in support of its motion on December 16, 2011. Additionally, on behalf of NRDC, I respectfully request that the Court grant NRDC five additional pages for its memorandum in support of its motion for summary judgment, for a total of thirty pages. ENDORSEMENT: The proposed briefing schedule is acceptable. Granted. ( Cross Motions due by 11/8/2011., Motions due by 10/7/2011., Responses due by 12/2/2011, Replies due by 12/16/2011.) (Signed by Magistrate Judge Theodore H. Katz on 9/14/2011) (lmb)

NATURAL RESOURCES DEFENSE COUNCI

September I 3, 2011

United States Magistrate Judge

Daniel Patrick Moynihan United States Courthouse

500 Pearl Street

New York, NY 10007-1312

Re:

NRDC et al. v. FDA et ai., 11 Civ. 3562 (THK)

J

?~~{~~

il' 78 J~~/~
~~.

il

SOORDERE

At;,

..

THEODORE H. KATZ
UNITED STATES MAGISTRATE JUDG'

Dear Judge Katz:
Along with my colleagues Mitch Bernard and Avinash Kar, 1 represent the plaintiffs
(collectively, the Natural Resources Defense Councilor NRDC) in this action. NRDC alIeges
that, in violation of the Administrative Procedure Act, 5 U.S.c. §§ 701-706, the defendants
(collectively, the U.S. Food & Drug Administration or FDA) have unlawfully withheld agency
action by failing to withdraw approval for certain uses of antibiotics in livestock. 1'I'RDC further
alleges that FDA has unreasonably delayed ruling on citizen petitions filed by several of the
plaintiffs. On behalf of all parties, I write to request that this Court order a briefing schedule for
cross-motions for summary judgment.
NRDC filed its complaint on May 25,2011, and filed an amended complaint on July 7,
2011. On July 7,2011, FDA requested an extension of sixty days to answer the complaint.
NRDC consented to FDA's request, on the condition that FDA agree to an expeditious briefing
schedule following its answer. Accordingly, the parties jointly proposed the following briefing
schedule to Judge Berman: (1) NRDC would move for summary judgment on October 7,2011;
(2) FDA would oppose NRDC's motion and cross-move for summary judgment on November
8,2011; (3) NRDC would oppose FDA's motion and file a reply in support of its motion on
December 2,2011; and (4) FDA would file a reply in support of its motion on December 16,
2011.
Judge Berman granted FDA an extension of time until September 6,2011, to respond to
the complaint and set a pretrial conference for September 7, 2011. FDA filed its answer on
September 6,2011. On September 7, all parties consented to proceed before Your Honor for all
purposes. Judge Berman signed the case referral order and entered a Case Management Plan,
but did not order a briefing schedule.

~

.7'

All parties remain committed to the briefing schedule proposed to Judge Berman.
If
Accordingly, on behalf of all parties, 1 respectfully request that this Court order the briefing
{; 'f
schedule set forth above. Additionally, on behalf ofNRDC, I respectfully request that the Court/
grant NRDC five additional pages for its memorandum in su ort of its motion for summary /
www.nrdc,Qrg

40 West 20 Street
New York, NY 10011
TEL [phone]

FAX [phone]

Pape

WASHINGTON, DC • SAN FRANCISCO • LOS ANGELES • BEIJING • CHICAGO

Hon. Theodore H. Katz

September 13, 2011

Page 2

judgment, for a total of thirty pages. NRDC represents that it will use only as many pages as it
needs, and FDA consents to NRDC's request with the understanding that FDA may seek a
similar extension in the future.
We are available at the Court's convenience to confer, in person orby telephone,
concerning any issue raised in this letter. Thank you for your consideration.
Respectfully,

Jennifer A. Sorenson
Natural Resources Defense Council, Inc.
III Sutter Street, 20th Floor
San Francisco, Califomia 94104
[phone]
Fax: [phone]
[e-mail]
cc:

Amy A. Barcelo, Esq., counsel for defendants (bye-mail)