UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
March 25, 2013
JANE DOE PLAINTIFF,
MARGARET A. HAMBURG, M.D., IN HER OFFICIAL CAPACITY AS COMMISSIONER, U.S. FOOD AND DRUG ADMINISTRATION 450 GOLDEN GATE AVENUE SAN FRANCISCO, CA 94102 AND
KATHLEEN SEBELIUS, IN HER OFFICIAL CAPACITY AS SECRETARY, U.S. DEP'T OF HEALTH AND HUMAN SERVICES,
The opinion of the court was delivered by: Judge: Hon. Edward M. Chen
STIPULATED REQUEST FOR ORDER
Place: Courtroom 5, 17th Floor 20
2 pursuant to the Court's December 17, 2012 Order, (d/e 31). In her Amended Complaint, Doe 3 challenges the constitutionality of the Food and Drug Administration's regulation of the 4 manufacture and distribution of human cells, tissues, and cellular and tissue-based products as 5 applied to "uncompensated donations of semen by private individuals to other private 6 individuals." Amend. Compl. ¶ 11. 7
8 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 10 grounds that the Court should decline jurisdiction and that Plaintiff has failed to state legally 11 cognizable claims. Pursuant to the parties' stipulated request and the Court's February 19, 2013 12
2013, and the hearing on Defendants' Motion is set for June 20, 2013. 14 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.
On January 11, 2013, Plaintiff Jane Doe filed her First Amended Complaint (d/e 33),
On February 25, 2013, defendants Margaret A. Hamburg, M.D., Commissioner of Food
Order, (d/e 35), Plaintiff's Response is due April 8, 2013, Defendants' Reply is due May 13, 13
Also pursuant to the Court's February 19, 2013 Order, (d/e 35), the parties must file a
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; and
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.
IT IS SO STIPULATED. 2
Dated: March 21, 2013 BY: ___/s/ SHL______________ 3 Sang H. Lee 4 Attorney for Defendants 5 6 Dated: March 21, 2013 BY: __/s/ Amber Abbasi__________ Amber D. Abbasi 7 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
IT IS SO ORDERED
3 this Stipulated Request for Order Changing Time. Pursuant to Civil L.R. 5-1(i), I hereby attest 4 that Amber D. Abbasi, counsel for Plaintiff, Jane Doe, has concurred in this filing. 5 6 7
_____/s/ Sang Lee_______
I, Sang H. Lee, am the ECF User whose identification and password are being used to file
Sang H. Lee Attorney for Defendants
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