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

Filing 38

MOTION for Leave to File Supplemental Complaint. Document filed by Center For Science In The Public Interest, Food Animal Concerns Trust, Natural Resources Defense Council, Inc., Public Citizen, Inc., Union Of Concerned Scientists, Inc.. (Attachments: # 1 Exhibit A: First Supplemental Complaint)(Bernard, Mitchell)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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Plaintiffs,
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v.
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UNITED STATES FOOD AND DRUG
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ADMINISTRATION; MARGARET
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HAMBURG, in her official capacity as
Commissioner, United States Food and Drug )
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Administration; CENTER FOR
VETERINARY MEDICINE; BERNADETTE )
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DUNHAM, in her official capacity as
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Director, Center for Veterinary Medicine;
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UNITED STATES DEPARTMENT OF
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HEALTH AND HUMAN SERVICES; and
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KATHLEEN SEBELIUS, in her official
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capacity as Secretary, United States
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Department of Health and Human Services,
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Defendants.
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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.,

11 CIV 3562 (THK)
ECF Case

PLAINTIFFS’ MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT
Pursuant to Rule 15(d) of the Federal Rules of Civil Procedure, Plaintiffs Natural
Resources Defense Council, Center for Science in the Public Interest, Food Animal Concerns
Trust, Public Citizen, and Union of Concerned Scientists hereby move for leave to file the
Supplemental Complaint attached to this Motion. Plaintiffs respectfully propose the following
schedule for briefing the merits of the new claim set forth in the Supplemental Complaint:
(1)

Plaintiffs would file a supplemental motion for summary judgment on February
13, 2012;

(2)

Defendants would respond to Plaintiffs’ motion by February 27, 2012;

(3)

Plaintiffs would reply by March 5, 2012.

For the reasons given in the accompanying Memorandum of Law, Plaintiffs respectfully
request that the Court grant them leave to file the Supplemental Complaint.

Dated: January 6, 2012

Respectfully submitted,
s/ Mitchell S. Bernard
Mitchell S. Bernard (MB 5823)
Natural Resources Defense Council, Inc.
40 West 20th Street
New York, New York 10011
[phone]
[phone] (fax)
[e-mail]
Avinash Kar, admitted pro hac vice
Jennifer A. Sorenson, admitted pro hac vice
Natural Resources Defense Council, Inc.
111 Sutter Street, 20th Floor
San Francisco, California 94104
[phone]
[phone] (fax)
Counsel for Plaintiffs

Of Counsel for Plaintiff Center for Science
in the Public Interest:
Stephen Gardner (SG 3964)
Center for Science in the Public Interest
5646 Milton Street, Suite 211
Dallas, Texas 75206
[phone]
[phone] (fax)

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