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)
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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