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

Filing 87

ENDORSED LETTER: addressed to Magistrate Judge Theodore H. Katz from Ellen London dated 5/16/2012 re: Counsel requests that the Governments reply be due on June 6, 2012. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 5/21/2012) (js)

U.S. Department of Justice
United States Attorney
Southern District ofNew York

86 Chambers Street, 3rdfloor
New York, New York 10007

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The Honorable Theodore H. Katz
United States Magistrate Judge
United States District Courthouse
500 Pearl Street, Room 1660
New York, NY 10007

Re:

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NRDC et at, v. US FDA et at" 11 Civ. 3562 (THK)

Dear Judge Katz:
I write respectfully both to request (on consent) a five-day briefing extension for
reasons described below, and to enclose a courtesy copy of the Government's brief on the
issue of timing of the withdrawal proceedings for the penicillin and tetracycline animal
drug applications. A copy of the same was filed on the ECF system yesterday. The
Government respectfully requests oral argument on this issue.
Plaintiffs' response to the Government's brief is due on May 25, 2012, and the
Government's reply is due on June 1,2012. Because the June 1 deadline follows
Memorial Day weekend, we respectfully reque§.!jhat the Government's reply be due on
6 2012. We seek this extension due to anticipated difficulty in obtaining internal
review and sign-off due to the holiday, as well as the fact that I am the AUSA principally
esponsible for this brief and I will be out of town for a family wedding fTOm May 25-29.
laintiffs' counsel consents to this request.

SOORDER~

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UNITED STATES MAGISTRATE JUDGE

Hon. Theodore H. Katz
May 16,2012
Page 2

Thank you for your consideration of this matter.
Respectfully,
PREET BHARARA
United S tes Attorney
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By:
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Tel.
[phone]
Fax
[phone]

cc: Mitchell S. Bernard, Esq. counsel for plaintifft (by electronic mail)
Jen Sorenson, Esq. counsel for plaintifft (by electronic mail)