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

Filing 63

MOTION for Summary Judgment on Plaintiffs' First Supplemental Complaint. 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 4/2/2012(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: [phone]
Fax: [phone]
[e-mail]
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 March 21, 2012 and all exhibits thereto, the accompanying Memorandum of Law
in Support of the Government’s Motion for Summary Judgment on Plaintiffs’ First Supplemental
Complaint and in Opposition to Plaintiffs’ Second Motion for Summary Judgment, the
Government’s Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1 In
Response to Claim Set Forth in Plaintiffs’ First Supplemental Complaint, and all other papers
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 January 31, 2012, Plaintiffs’ opposition to the Government’s motion for summary
judgment on Plaintiffs’ First Supplemental Complaint and reply in support of Plaintiffs’ second
motion for summary judgment is due on April 2, 2012, and the Government’s reply in support of
its motion for summary judgment on Plaintiffs’ First Supplemental Complaint is due on April 16,
2012.
Dated: New York, New York
March 21, 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.: [phone]
Fax: [phone]
Email: [e-mail]
OF COUNSEL:
DAVID J. HOROWITZ
Deputy General Counsel

ELIZABETH H. DICKINSON
Acting Chief Counsel, Food and Drug
Division

2

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

3

THOMAS J. COSGROVE
Associate Chief Counsel