Opinion
Case Number: C 12-03412 (EMC)
03-21-2013
JANE DOE Plaintiff, v. MARGARET A. HAMBURG, M.D., in her official capacity as Commissioner, U.S. Food and Drug Administration and KATHLEEN SEBELIUS, in her official capacity as Secretary, U.S. Dep't of Health and Human Services, Defendants.
STUART F. DELERY Principal Deputy Assistant Attorney General MAAME EWUSI-MENSAH FRIMPONG Deputy Assistant Attorney General MICHAEL S. BLUME Director, Consumer Protection Branch SANG H. LEE (DCB - 985267) Trial Attorney, Consumer Protection Branch U.S. Department of Justice Attorneys for Defendants Margaret A. Hamburg, M.D., Commissioner of Food and Drugs, and Kathleen Sebelius, Secretary of Health and Human Services
STUART F. DELERY
Principal Deputy Assistant Attorney General
MAAME EWUSI-MENSAH FRIMPONG
Deputy Assistant Attorney General
MICHAEL S. BLUME
Director, Consumer Protection Branch
SANG H. LEE (DCB - 985267)
Trial Attorney, Consumer Protection Branch
U.S. Department of Justice
Attorneys for Defendants
Margaret A. Hamburg, M.D., Commissioner of Food and Drugs, and Kathleen Sebelius,
Secretary of Health and Human Services
STIPULATED REQUEST FOR ORDER
CHANGING TIME ; ORDER
Judge: Hon. Edward M. Chen
On January 11, 2013, Plaintiff Jane Doe filed her First Amended Complaint (d/e 33), pursuant to the Court's December 17, 2012 Order, (d/e 31). In her Amended Complaint, Doe challenges the constitutionality of the Food and Drug Administration's regulation of the manufacture and distribution of human cells, tissues, and cellular and tissue-based products as applied to "uncompensated donations of semen by private individuals to other private individuals." Amend. Compl. ¶ 11.
On February 25, 2013, defendants Margaret A. Hamburg, M.D., Commissioner of Food and Drugs, and Kathleen Sebelius, Secretary of Health and Human Services (collectively "Defendants"), filed their Motion to Dismiss the First Amended Complaint ("Motion") on the grounds that the Court should decline jurisdiction and that Plaintiff has failed to state legally cognizable claims. Pursuant to the parties' stipulated request and the Court's February 19, 2013 Order, (d/e 35), Plaintiff's Response is due April 8, 2013, Defendants' Reply is due May 13, 2013, and the hearing on Defendants' Motion is set for June 20, 2013.
Also pursuant to the Court's February 19, 2013 Order, (d/e 35), the parties must file a joint Case Management Conference ("CMC") Statement by March 28, 2013, and the CMC is set for April 4, 2013.
The Court's disposition of Defendants' pending Motion may dispose of the matter. Accordingly, in the interests of efficiency, the parties believe that the CMC and the deadline for filing the joint CMC Statement should be rescheduled to a date after the hearing on Defendant's Motion.
Accordingly, pursuant to Civil Local Rule 6-2, Plaintiff and Defendants, by and through their undersigned counsel, hereby stipulate and respectfully request an order changing time as follows:
1. The parties shall file a joint CMC Statement by July 11, 2013; andIT IS SO STIPULATED.
2. The Case Management Conference currently scheduled for April 4, 2013, is rescheduled to July 18, 2013.
The Declaration of Sang H. Lee is submitted in support of this Stipulated Request.
BY: SHL
Sang H. Lee
Attorney for Defendants
BY: ________
Amber D. Abbasi
Attorney for Plaintiff
IT IS SO ORDERED that the CMC is reset for 7/18/13 at 9:00 a.m. A joint CMC statement shall be filed by 7/11/13.
______________________
Edward M. Chen
U.S. District Judge
ECF ATTESTATION
I, Sang H. Lee, am the ECF User whose identification and password are being used to file this Stipulated Request for Order Changing Time. Pursuant to Civil L.R. 5-1(i), I hereby attest that Amber D. Abbasi, counsel for Plaintiff, Jane Doe, has concurred in this filing.
______________________
Sang H. Lee
Attorney for Defendants