Natural Resources Defense Council, Inc. et al v. United States Food and Drug Administration et al, No. 1:2011cv03562 - Document 106 (S.D.N.Y. 2012)

Court Description: ORDER: The Clerk of Court is hereby directed to enter final judgment in this case as set forth herein. The Court will retain jurisdiction over this matter for the following limited purposes: (1) to hear any motion for compliance with the schedule for withdrawal proceedings ordered by the Court on August 8, 2012; and (2) assuming plaintiffs prevail on appeal, to entertain any motion for attorneys' fees. (Signed by Magistrate Judge James C. Francis on 8/27/2012) (ja) (Entered: 08/27/2012)

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AUG­27­2012 11:54 US ATTORNEY'S OFFICE 212 P.03 Natural Resources Defense Council, Inc. et al v. United States Food and Drug Administration et al Doc. 106 UNITED STATES DISTRICT COURT SOUTHERN 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., ) t": . I . , " 11 Civ. 3562 (lCF) ECF Case Plaintiffs, v. ORDER ,', , I. UNITED STATES FOOD AND DRUG ADMINISTRATION; MARGARET HAMBURG, in her official capacity as United States Food and Drug Administration; CENTER FOR ; .. ", i 'i. , , , VETERINARY MEDICINE; BERNADETTE DUNHAM, in her official ' \,' ' " 'I'; " 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, __ Defendants. _ _ _ _, _ . _ - - - - J . ,, ," The Clerk of Court is hereby directed to enter final judgment in this case as follows: 1. , . \' ' " ' i For the reasons stated in the Court's Memorandum Opinion and Order dated ',' ,I , , ' i March 22, 2012 (Docket no. 70), plaintiffs' motion for summary judgment on their first claim for relief (Docket no. 19) is granted and defendants' motion tor summary judgment (Docket no. 40) is denied. 2, For the reasons stated in the Court's Memorandum Opinion and Order dated June 1,2012 (Docket no. 95), plaintiffs' motion for summary judgment on their third claim for relief "', ' ,: , ' ' j Dockets.Justia.com AUG­27­2012 11:54 US ATTORNEY'S OFFICE 212 P.04 (Docket no. 56) is granted and defendants' motion for summary judgment on plaintiffs' first supplemental complaint (Docket no. 63) is denied. For the reasons stated in the Court's Memorandum and Order dated August 8, 3. 2012 (Docket no. 103), plaintiffs' motion to strike (Docket no. 79) is granted in part, and Document no. 78­6 is stricken from the record. Defendants' motion for a stay pending appeal. or, " { " , ' in the alternative, for an interim stay pending resolution of defendants' planned application for a stay in the Second Circuit (Docket no. 92), is denied. Defendants are ordered to comply with the \/,' ?, .­' , , Court's order of March 22, 2012, according to the schedule set forth in paragraphs 11 through 25 of the Declaration of William T. Flynn dated May 15,2012 (Docket no. 86). 4. The Court will retain jurisdiction over this matter for the following limited purposes: (1) to hear any motion for compliance with the schedule for withdrawal proceedings " , .'" 'i (,. ordered by the Court on August 8, 2012; and (2) assuming plaintiffs prevail on appeal, to entertain any motion for attorneys' fees. " " Dated: SO New York, New York August 27, 2012 n=:- HE HONORABLE JAMES C. FRANCIS IV !TED STATES MAGISTRATE JUDOE 2 \ TOTAL P.04 : ;, .

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