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

Filing 69

ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Amy A. Barcelo dated 3/20/2012 re: The Government writes to request leave to file the Administrative Record with the Court on CDs, rather than as a hard copy. The Government will file an index to the Administrative Record in hard copy, as well as hard copies of those portions of the Administrative Record that it cities to in its brief. ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 3/22/2012) (ab)

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U.S. Department of Justice ., . MEMO United States Attorney ENDORSEDo!NeWYOrk 86 Chambers Street, 3rdfloor New York, New York 10007 .. = , BY HAND The Honorable Theodore H. Katz United States Magistrate Judge United States District Courthouse 500 Pearl Street, Room 1660 New York, NY 10007 Re: \~ USUC SUN r OuClJMEN1' ELt',( ~l ~~.j\~u,Ai'<t.Y '1; DO.' I" D~ !l r"iJ" -.-..",.-,-..,.-~~ j..;, ~jf NRDC et al. v. US FDA et ai., 11 Dear Judge Katz: This Office represents the Government in the above-refere writing respectfully, and on behalf of both parties, to request that t enclosed stipulation by the parties. As the enclosed stipulation ex brief in support of its motion for summary judgment and in oppos' motion for summary judgment and the administrative record in co action by the United States Food and Drug Administration ("FDA the parties' cross-motions for summary judgment (the "Administr tomorrow, March 21, 2012. , I I 'acdon. I am pu~.' "so order" the , overnment's o laintiffs' ion i with the t is: the subject of Reqord"), are due i As the enclosed stipulation also reflects, the Administrativ '. orq includes more ical history and than 17,000 public comments, some of which contain the persona hel parties have other private information of the people who submitted the comme agreed that, rather than file such comments with the Court, the Go,~-~,"rne~t will provide formation out of plaintiffs with a copy of such comments, and then redact the pers any of the comments on which plaintiffs wish to rely. i Finally, Government also respectfully requests leave to fil iAq,Jfl1inistrative Record with the Court on CDs, rather than as a hard copy. The G . elnt will file an index to the Administrative Record in hard copy, as well as hard oflthose portions of the Administrative Record that it cites to in its brief. The Gov'ettlIlIbl.t,nt1[l1akes this request because the Administrative Record in this matter is vo1u' ~, c9nsisting of more than 3,300 pages (not including the comments that are the s t of the above­ ! referenced stipulation). Hon. Theodore H. Katz March 20, 2012 Page 2 We thank the Court for its consideration of these requests. Respectfully, PREET BHARARA United States Attorney By: "'>- '-'''-l ' AMYl A. BARCELO Assista United States ~dmey 86 Chambers Street, 3rd loor New York, New York 1007 Tel. (212) 637-6559 Fax (212) 637-2730 II cc: Mitchell S. Bernard, Esq. counsel for plaintifft (by electronic m~il) Jen Sorenson, Esq. counsel for plaintiffs (by electronic mail) • I I I I

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