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

Filing 92

MOTION to Stay re: 70 Memorandum & Opinion,, pending appeal. 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.(Barcelo, Amy)

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PREET BHARARA United States Attorney for the Southern District of New York By: AMY A. BARCELO ELLEN LONDON Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-6559/2737 Fax: (212) 637-2730/2702 amy.barcelo@usdoj.gov ellen.london@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 William T. Flynn dated June 1, 2012 and all exhibits thereto, the accompanying Memorandum of Law in Support of the Government’s Motion for a Stay Pending Appeal 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 a stay of the Memorandum Opinion and Order, dated March 22, 2012, and entered in this action on March 22, 2012, pursuant to Rule 62(c) of the Federal Rules of Civil Procedure. Dated: New York, New York June 1, 2012 Respectfully submitted, PREET BHARARA United States Attorney Southern District of New York /s/ Amy A. Barcelo By: AMY A. BARCELO ELLEN LONDON Assistant United States Attorney 86 Chambers Street New York, New York 10007 Tel.: (212) 637-6559/2737 Fax: (212) 637-2730/2702 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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