Natural Resources Defense Council, Inc. et al v. United States Food and Drug Administration et al
Filing
40
MOTION for Summary Judgment. Document filed by Center for Veterinary Medicine, Bernadette Dunham, Margaret Hamburg, Kathleen Sebelius, United States Department of Health and Human Services, United States Food and Drug Administration. Responses due by 1/31/2012(Barcelo, Amy)
PREET BHARARA
United States Attorney for the
Southern District of New York
By: AMY A. BARCELO
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: (212) 637-6559
Fax: (212) 637-2730
amy.barcelo@usdoj.gov
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NATURAL RESOURCES DEFENSE
COUNCIL, INC. et al.,
Plaintiffs,
v.
UNITED STATES FOOD AND DRUG
ADMINISTRATION et al.,
11 Civ. 3562 (THK)
ECF Case
Defendants.
NOTICE OF MOTION
PLEASE TAKE NOTICE THAT, upon the accompanying declaration of Amy A.
Barcelo dated January 9, 2012 and all exhibits thereto, the accompanying Memorandum of Law
in Support of the Government’s Motion for Summary Judgment and in Opposition to Plaintiffs’
Motion for Summary Judgment, the Government’s Statement of Undisputed Material Facts
Pursuant to Local Civil Rule 56.1 and all pleadings filed in this matter, defendants United States
Food and Drug Administration, Margaret Hamburg, in her official capacity as Commissioner,
United States Food and Drug Administration; 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”), by their attorney, Preet Bharara, United States Attorney for the Southern District
of New York, will move this Court before the Honorable Theodore H. Katz, United States
Magistrate Judge, for an order granting summary judgment in favor of the Government pursuant
to Federal Rule of Civil Procedure 56, and for such further relief as the Court deems just.
PLEASE TAKE FURTHER NOTICE that pursuant to the briefing schedule ordered by
the Court on November 14, 2011, Plaintiffs’ opposition to the Government’s motion for
summary judgment and reply in support of Plaintiffs’ motion for summary judgment is due on
January 31, 2012, and the Government’s reply in support of its sixth motion for partial summary
judgment is due on February 10, 2012.
Dated: New York, New York
January 9, 2012
Respectfully submitted,
PREET BHARARA
United States Attorney
Southern District of New York
/s/ Amy A. Barcelo
By: AMY A. BARCELO
Assistant United States Attorney
86 Chambers Street
New York, New York 10007
Tel.: (212) 637-6559
Fax: (212) 637-2730
Email: amy.barcelo@usdoj.gov
OF COUNSEL:
DAVID J. HOROWITZ
Deputy General Counsel
ELIZABETH H. DICKINSON
Acting Chief Counsel, Food and Drug
Division
ERIC M. BLUMBERG
Deputy Chief Counsel, Litigation
U.S. Department of Health and Human Services
Office of the General Counsel
White Oak 31 Room 4331
10903 New Hampshire Avenue
Silver Spring, MD 20993-0002
THOMAS J. COSGROVE
Associate Chief Counsel
2
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