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

Filing 91

DECLARATION of Jennifer A. Sorenson in Support re: 89 Memorandum of Law in Opposition,. 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, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Sorenson, Jennifer)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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.,

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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
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Commissioner, United States Food and Drug )
Administration; CENTER FOR
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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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11 CIV 3562 (THK)
ECF Case

THIRD DECLARATION OF
JENNIFER A. SORENSON

I, Jennifer A. Sorenson, declare as follows:
1.

I serve as counsel for plaintiffs in this proceeding. I am a member in good

standing of the bar of the State of California, and I am admitted to practice pro hac vice in this
action. I have personal knowledge of the facts stated herein.
2.

Attached as Exhibit A is a true and correct copy of a Letter from Amy A. Barcelo

to Hon. Theodore H. Katz (Nov. 7, 2011).

3.

Attached as Exhibit B is a true and correct copy of the Corrected Transcript of

Proceedings held before Hon. Theodore H. Katz, Magistrate Judge, on February 23, 2012.
4.

Attached as Exhibit C is a true and correct copy of Emergence of the Superbug:

Antimicrobial Resistance in the United States, Hearing before the S. Comm. on Health,
Education, Labor, and Pensions, S. Hrg. No. 110-989 (2008).
5.

Attached as Exhibit D is a true and correct copy of Center for Veterinary

Medicine (CVM), Annual Report, Fiscal Year 2003.
6.

Attached as Exhibit E is a true and correct copy of CVM, Annual Report, Fiscal

Year 2004.
7.

Attached as Exhibit F is a true and correct copy of In re: Enrofloxacin for Poultry,

FDA Dkt. No. 00N-1571 (Apr. 10, 2002) (order).
8.

Attached as Exhibit G is a true and correct copy of FDA, Update: FDA’s

Proposed Withdrawal of Approval of Poultry Fluoroquinolones. I downloaded this document in
May 2012, using the following URL: http://www.fda.gov/AnimalVeterinary/SafetyHealth/
RecallsWithdrawals/ucm042012.htm.
9.

Attached as Exhibit H is a true and correct copy of the results of a search of the

Department of Health and Human Services’ (HHS’s) online employee directory,
http://directory.psc.gov/employee.htm, for employees of CVM’s Office of New Animal Drug
Evaluations (ONADE). I performed this search in May 2012 by entering “CVM/ONADE” in the
“Other org.” field and selecting “contains” from the corresponding pull-down menu. For the line
reading “Return no more than ___ rows,” I entered “500.”

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10.

Attached as Exhibit I is a true and correct copy of the results of a search of HHS’s

online employee directory, http://directory.psc.gov/employee.htm, for employees of CVM’s
Office of Research (OR). I performed this search in May 2012 by entering “CVM/OR” in the
“Other org.” field and selecting “contains” from the corresponding pull-down menu. For the line
reading “Return no more than ___ rows,” I entered “500.”

I declare under penalty of perjury that the foregoing is true and correct, to the best of my
knowledge, information, and belief.

Executed on May 25, 2012, at San Francisco, California.

s/ Jennifer A. Sorenson
Jennifer A. Sorenson

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