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

Filing 37

STIPULATION AND ORDER: Plaintiffs hereby withdraw, as moot, their Citizen Petitions Claim. Plaintiffs' Citizen Petitions Claim is dismissed without prejudice. Plaintiffs will not seek to recover costs and attorneys' fees for the Citizen Petitions Claim. However, Plaintiffs reserve the right to seek recovery of costs and attorneys' fees incurred in prosecuting any future claim relating to the Citizen Petitions, including, as appropriate, costs and fees associated with the Citizen Petitions Claim. The Government reserves its rights to oppose on any ground any claim by Plaintiffs to recover costs and attorneys' fees, and by signing this stipulation the Government does not concede that Plaintiffs are entitled to recover costs or fees associated with the CitizenPetitions Claim at a later date. (Signed by Magistrate Judge Theodore H. Katz on 1/6/2012) (ft)

PREET BHARARA
United States Attorney for the
Southern District of New York
By: AMY A. BARCELO
Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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UNITED STATES DISTRICT COURT
SOUTHERN
OF NEW YORK
NATURAL RESOURCES DEFENSE
COUNCIL, INC.; CENTER FOR SCIENCE
IN THE PUBLIC INTEREST; FOOD
ANIMAL CONCER.NS TRUST; PUBLIC
CITIZEN, INC.; and UNION OF
CONCERNED SCIENTISTS, INC.,
Plaintiffs,
v.

·11 Civ. 3562 (THK)
ECF Case
STIPULATION AND ORDER

UNITED STATES FOOD AND DRUG
ADMINISTRATION; MARGARET
HAMBURG, in her official capa<;ity as
Commissioner of Food and Drugs, CENTER
FOR VETERINARY MEDICINE;
BERNADETTE DUNHAM, in her official
capacity as Director, Center for Veterinary
Medicine; UNITED STATE'S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES; and KATHLEEN
SEBELIUS, in her official capacity as
Secretary, United States Department of
Health and Human Services,

.....
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Defendants .
. .=....:

WHEREAS on May 25,201 I, plaintitfs Natural Resources Defense Council, Inc., Center
for Science in the Public Interest, Food Animal Concerns Trust, Public Citizen, Inc. and Union
of Concerned Scientists (collectively, "Plaintiffs") commenced this action against defendants the

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United States Food and Drug Administration; Margaret Hamburg, in her official capacity as
Commissioner of Food and Drugs; Center for Veterinary Medicine; Bernadette Dunham, in her
official capacity as Director, Center for Veterinary Medicine; United States Department of
Health and Human Services; and Kathleen Sebelius, in her official capacity as Secretary, United
States Department of Health and Human Services (collectively, the "Government").
WHEREASonJuly7, 2011, Plaintiffs filed an Amended Complaint.
WHEREAS the Amended Complaint brings two claims pursuant to the Administrative
Procedure Act and the Federal Food, Drug, and Cosmetic Act. The second of those claims
alleges that the Government has unreasonably delayed ruling on citizen petitions filed by several
of the plaintiffs in 1999 and 2005 (the "Citizen Petitions") that requested that the Government
withdraw approval for certain uses of certain antibiotics in livestock (the "Citizen Petitions
Claim").
WHEREAS on November 7,2011, the Government issued final responses to the Citizen
Petitions that are the subject of Plaintiffs' Citizen Petitions Claim.
IT IS STIPULATED AND AGREED, by and between Plaintiffs and the Government
that:
1.

Plaintiffs hereby withdraw, as moot, their Citizen Petitions Claim.

2.

Plaintiffs' Citizen Petitions Claim is dismissed without prejudice.

3.

Plaintiffs will not seek to recover costs and attorneys' fees for the Citizen

Petitions Claim. However, Plaintiffs reserve the right to seek recovery of costs and attorneys'
fees incurred in prosecuting any future claim relating to the Citizen Petitions, including, as
appropriate, costs and fees associated with the Citizen Petitions Claim.

2

4.

The Government reserves its rights to oppose on any ground any claim by

Plaintiffs to recover costs and attorneys' fees, and by signing this stipulation the Government
does not concede that Plaintiffs are entitled to recover costs or fees associated with the Citizen
Petitions Claim at a later date.

PREET BHARARA
United States Attorney
Southern District of New York
By:
MITCHELL S. BERNARD, Esq.
A VINASH KAR, Esq.
JENNIFER SORENSON, Esq.
Natural Resources Defense Council, Inc.
40 West 20th St.
New York, NY 10011
Tel.: [phone]
Fax: [phone]
Arrorney Jar Plaintiffs

///"/I~'
SO ORDERED,

~;{.~

THE HONORABLE THEODORE H. KATZ
UNITED STATES MAGISTRATE JUDGE

3

By:
AM
BARCELO
Assis t United States Attorney
86 Chambers Street
New York, NY 10007
Tel.: [phone]
Fax: [phone]
Allorney Jar the Government