Case: Tummino v. Von Eschenbach

Tummino v. Crawford

Tummino v. Torti

Center for Reproductive Rights

COMPLAINT against Lester M. Crawford filing fee $ 150, receipt number 304867, filed by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Association of Reproductive Health Professionals, National Latina Insitute for Reproductive Health, Annie Tummino, Erin T. Mahoney, Carol Giardina. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) Modified on 1/31/2005 (Villanueva, William). (Entered: 01/31/2005)

Summons Issued as to Lester M. Crawford. (Villanueva, William)

Letter from F. Franklin Amanat, Assistant United States Attorney EDNY, to Judge Sifton Regarding defendant's request that the Court cancel the plaintiff's designation of this case as related to Benten v. Kessler and return the complaint to the Clerk of the Court for random reassignment. (Amanat, F.) (Entered: 02/03/2005)

Letter from Simon Heller to Judge Sifton Regarding Plaintiffs' response to Defendant's request that the Court cancel the plaintiff's designation of this case as related to Benten v. Kessler, 92-CV-3161. (Strauss, Nan) (Entered: 02/07/2005)

MOTION for Limited Admission Andrea Costello by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Annie Tummino, Erin T. Mahoney, Carol Giardina. (Piper, Francine) (Entered: 02/18/2005)

Case reassigned to Judge Edward R. Korman. Judge Charles P. Sifton no longer assigned to the case. (Brown, Marc)

ORDER deft's motion for random reassigment is GRANTED.. Signed by Judge Charles P. Sifton on 2/9/05. (Jackson, Ramona) (Entered: 02/11/2005)

ORDER granting 5 Motion for Andrea Costello to Appear Pro Hac Vice. (Signed by JudgeEdward R. Korman on 2/14/05) (Piper, Francine) (Entered: 02/18/2005)

ECF registration forms have been mailed to Andrea Costello, so that all filings may be made electronically. All actions before this Court are ECF matters. It is MANDATORY that you file all original documents electronically. Please refer to the Judge's Individual Rules. From this point forward, original documents are REQUIRED to be filed electronically and forward a hard copy, labeled courtesy copy, to chambers. The Judges' Individual Rules of Chambers and further information on ECF may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov.. (Piper, Francine)

AMENDED COMPLAINT against all defendants, filed by all plaintiffs.(Strauss, Nan) (Entered: 02/24/2005)

MOTION for Leave to Appear Pro Hac Vice (Attorney - Nelle R. Rohlich) by State of Wisconsin. (Piper, Francine) (Entered: 03/22/2006)

First MOTION for Leave to Appear Pro Hac Vice by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Annie Tummino, Erin T. Mahoney, Carol Giardina. (Costello, Andrea) (Entered: 03/21/2005)

MOTION for Leave to Appear Pro Hac Vice Affidavit of Shelbi Day in Support of Motion by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Annie Tummino, Erin T. Mahoney, Carol Giardina. (Costello, Andrea) (Entered: 03/21/2005)

MOTION for Leave to Appear Pro Hac Vice Admission to Practice Pro Hac Vice (Proposed Order) by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Annie Tummino, Erin T. Mahoney, Carol Giardina. (Costello, Andrea) (Entered: 03/21/2005)

STIPULATION and proposed Order extending the time for defendant Lester M. Crawford to answer or otherwise move with respect to the complaint to and including April 18, 2005, by Lester M. Crawford. (Amanat, F.) (Entered: 03/23/2005)

ORDER, by electronic endorsement, granting 8 Motion for Leave to Appear pro hac vice, effective upon payment of the applicable fee to the clerk of the court. Entered by JudgeViktor V. Pohorelsky on 3/24/2005. (Pohorelsky, Viktor)

ORDER re 11 Stipulation filed by Lester M. Crawford, by electronic endorsement: the stipulation is so ordered. Entered by Judge Viktor V. Pohorelsky on 3/30/2005. (Pohorelsky, Viktor)

STIPULATION that the time for deft. Lester M. Crawford to answer the complaint is extended to 4/18/05. Signed by Judge Edward R. Korman on 3/29/05. (Greene, Donna) (Entered: 04/07/2005)

ORDER, the Motion for Admission Pro Hac Vice of Shelbi Day is granted. (Signed by Judge Edward R. Korman on 4/1/05) Filing Fee Paid, $25.00. Receipt #307721. (Piper, Francine) (Entered: 04/07/2005)

Letter from Counsel for Plaintiffs to Judge Korman Regarding Revised Briefing Schedule as Agreed to by All Parties. (Strauss, Nan) (Entered: 05/31/2005)

SCHEDULING ORDER: Initial Conference set for 7/14/2005 11:00 AM before Magistrate-Judge Viktor V. Pohorelsky. See annexed order for details. Ordered by Judge Viktor V. Pohorelsky on 6/13/05. (Newton, Joan) (Entered: 06/14/2005)

CERTIFICATE OF SERVICE by Annie Tummino et al., regarding Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion to Dismiss the Amended Complaint (Strauss, Nan) (Entered: 06/14/2005)

Letter from F. Franklin Amanat, Assistant United States Attorney EDNY, to Hon. Edward R. Korman, Chief United States District Judge, Regarding defendant's unopposed request for a four-week extension of time, until August 5, 2005, to file the Notice of Motion to Dismiss the Amended Complaint, with the corresponding briefing bundle, and to serve on the plaintiffs the reply brief in support of the motion to dismiss. (Amanat, F.) (Entered: 07/05/2005)

Email Notification Test - DO NOT REPLY (Lee, Tiffeny)

CERTIFICATE OF SERVICE by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Association of Reproductive Health Professionals, National Latina Insitute for Reproductive Health, Annie Tummino, Erin T. Mahoney, Carol Giardina for Plaintiffs' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) (Costello, Andrea) (Entered: 07/07/2005)

ORDER that the conference scheduled for 7/14/05 has been rescheduled to 8/9/05 at 11:00 before Mag. Pohorelsky. Ordered by Judge Viktor V. Pohorelsky on 6/30/05. (Greene, Donna) (Entered: 07/08/2005)

Letter from F. Franklin Amanat, AUSA EDNY, to Hon. Edward R. Korman, Chief USDJ EDNY, Regarding defendant's request that, in view of supervening events, (1) it be allowed to withdraw its intended motion to dismiss, without prejudice to its subsequent renewal, (2) the Court schedule a status conference on or after 9/6/05, and (3) the defendant's deadline for answering the complaint and filing the administrative record, or alternatively for serving a dispositive motion, be extended to a date to be set at the status conference. (Amanat, F.) (Entered: 07/25/2005)

Letter MOTION to Adjourn Conference scheduled for August 9, 2005, at 11:00 a.m., without date, by way of letter from F. Franklin Amanat, AUSA EDNY, to Hon. Viktor V. Pohorelsky, USMJ, EDNY, by Lester M. Crawford. (Amanat, F.) (Entered: 07/25/2005)

Letter from Simon Heller to Chief Judge Korman Regarding Defendant's Letter Requesting Stay of Proceedings. (Strauss, Nan) (Entered: 07/28/2005)

Letter from Simon Heller to Magistrate Judge Pohorelsky Regarding Defendant's Request to Cancel Initial Conference. (Attachments: # 1)(Strauss, Nan) (Entered: 07/28/2005)

ORDER granting 21 Motion to Adjourn Conference. See order for details. Ordered by JudgeViktor V. Pohorelsky on 8/1/2005. (Pohorelsky, Viktor) (Entered: 08/01/2005)

ORDER endorsed on letter dated 7/25/05 from AUSA Amanat to Judge Korman: The motion to dismiss is withdrawn without prejudice. The US Magistrate is requested to hold a status conference. Ordered by Judge Edward R. Korman on 7/25/05. (Chee, Alvin) (Entered: 08/02/2005)

SCHEDULING ORDER: Status Conference set for Thursday, September 8,2005 at 12:00 PM before Magistrate-Judge Viktor V. Pohorelsky. All counsel are directed to report to Room 521 at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel for all parties must attend. Requests for adjournments must be made in writing on notice to opposing parties. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Judge Viktor V. Pohorelsky on 8/2/05(Newton, Joan) (Entered: 08/02/2005)(Newton, Joan). (Newton, Joan) (Entered: 08/02/2005)

ORDER: A telephone status conference was held on 8/2/05. Accordingly, my order dated 7/25/05 is vacated. The US Attorney is to file an answer to the complaint by 8/5/05. The US Attorney is also to file an itemization of the administrative record by 9/6/05, and file the entire record by 10/3/05. C/M . Ordered by Judge Edward R. Korman on 8/2/05. (Chee, Alvin) (Entered: 08/02/2005)

ORDER -- In view of Judge Korman's order of August 2, 2005 vacating his July 25, 2005 order, which referred this matter to the magistrate judge for a status conference, the status conference scheduled for September 8, 2005 is canceled. Ordered by Judge Viktor V. Pohorelsky on 8/3/05. (Newton, Joan)

ANSWER to Amended Complaint by Lester M. Crawford.(Amanat, F.) (Entered: 08/05/2005)

CERTIFICATE OF SERVICE by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Association of Reproductive Health Professionals, National Latina Insitute for Reproductive Health, Lester M. Crawford, Annie Tummino, Erin T. Mahoney, Carol Giardina certifying electronic service of Plaintiffs' First Set of Interrogatories and First Set of Document Requests on F. Franklin Amanat. (Strauss, Nan) (Entered: 08/17/2005)

MOTION to Stay Filing of Administrative Record, by way of letter from AUSA F. Franklin Amanat on behalf of defendant FDA to Chief Judge Korman seeking vacatur of the portion of the court's August 2, 2005, order requiring FDA to file an itemization of the administrative record by September 6 and to file the entire administrative record by October 3, and requesting a superseding order holding in abeyance the filing of the administrative record pending the Court's determination of the government's intended motion to dismiss the complaint, by Lester M. Crawford. (Amanat, F.) (Entered: 09/01/2005)

Letter from Simon Heller, Counsel for Plaintiffs to Chief Judge Korman Regarding Response to Government Letter of Sept. 1, 2005. (Strauss, Nan) (Entered: 09/02/2005)

Letter from F. Franklin Amanat, Assistant United States Attorney EDNY, to Simon Heller and Nan E. Strauss, counsel for the plaintiffs, Regarding service of index to administrative record compiled to date, in accordance with the Court's August 2 and September 5 orders, and regarding good-faith efforts to resolve outstanding dispute with regard to discovery,. (Amanat, F.) (Entered: 09/08/2005)

Letter from F. Franklin Amanat, Assistant United States Attorney EDNY, counsel for defendant, to Hon. Viktor V. Pohorelsky, United States Magistrate Judge, Regarding government's request for permission to file motion for protective order by memorandum of law instead of by letter-motion, and request for extension of time until September 23, 2005, to file motion for protective order. (Amanat, F.) (Entered: 09/13/2005)

ORDER re 32 Letter granting application to file memorandum and other relief. See Order. Ordered by Judge Viktor V. Pohorelsky on 9/14/2005. (Pohorelsky, Viktor) (Entered: 09/14/2005)

Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, by all defendants. Responses due by 9/30/2005 (Amanat, F.) (Entered: 09/16/2005)

Letter from F. Franklin Amanat, AUSA-EDNY, counsel for the defendant, to Simon Heller and Nan Strauss, Esqs., counsel for plaintiffs, Regarding service of motion papers for motion for judgment on the pleadings. (Amanat, F.) (Entered: 09/16/2005)

ORDER endorsed on letter dated 0/1/05 from F. Franklin Amanat, AUSA to Judge Korman. The motion is denied. The schedule for filing the administrative record was worked out during a telephone conference preceding the issuance of my order of 8/6/05, and contemplated the possibility that the FDA would delay its decision yet again. Ordered by Judge Edward R. Korman on 9/5/05. (Greene, Donna) (Entered: 09/20/2005)

Notice of MOTION for Protective Order pursuant to Fed. R. Civ. P. 26(c), quashing the plaintiffs' August 17, 2005, discovery requests, and precluding plaintiffs from propounding any further discovery in this case, or alternatively holding discovery in abeyance at least until the Court has decided the defendant's motion for judgment on the pleadings, as well as such other and further relief as the Court may deem proper, by all defendants. (Attachments: # 1 Certification of F. Franklin Amanat)(Amanat, F.) (Entered: 09/23/2005)

MEMORANDUM in Support re 37 Notice of MOTION for Protective Order pursuant to Fed. R. Civ. P. 26(c), quashing the plaintiffs' August 17, 2005, discovery requests, and precluding plaintiffs from propounding any further discovery in this case, or alternatively holding discov ery in abeyance at least until the Court has decided the defendant's motion for judgment on the pleadings, as well as such other and further relief as the Court may deem proper, by all defendants. (Attachments: # 1 Exhibit A: Plaintiffs' First Set of Interrogatories# 2 Exhibit B: Plaintiffs' First Set of Document Requests)(Amanat, F.) (Entered: 09/23/2005)

Letter from F. Franklin Amanat, AUSA EDNY, counsel for defendant, to Hon. Robert C. Heinemann, Clerk of the Court, Regarding notice that Dr. Andrew C. von Eschenbach has been automatically substituted as party defendant for Dr. Lester M. Crawford, and request that the Court update the docket sheet and the PACER/ECF system to reflect the new caption for the case, which should now read Tummino et al. v. von Eschenbach. (Amanat, F.) (Entered: 09/26/2005)

Letter from Plaintiffs' Counsel to Honorable Viktor V. Pohorelsky Regarding Stipulated Briefing Schedule on Defendant's Motion for a Protective Order. (Costello, Andrea) (Entered: 09/28/2005)

CERTIFICATE OF SERVICE by Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, Francie Hunt, Association of Reproductive Health Professionals, National Latina Insitute for Reproductive Health, Lester M. Crawford, Annie Tummino, Erin T. Mahoney, Carol Giardina Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings (Strauss, Nan) (Entered: 09/30/2005)

Letter from F. Franklin Amanat, AUSA-EDNY, counsel for defendant, to Hon. Edward R. Korman, Chief United States District Judge, Regarding defendant's request, on consent of the plaintiffs, that defendant be relieved of the obligation (from the 8/2/05 order) to file the administrative record at this time, and that it be permitted to instead serve the administrative record on the plaintiffs pursuant to a schedule to be worked out between the parties. (Amanat, F.) (Entered: 10/03/2005)

Letter MOTION for Extension of Time to File Response/Reply as to 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, seeking extension of one week, until October 14, 2005, to serve reply brief and to file the entire briefing bundle with t he Court, with the consent and concurrence of the plaintiffs, by Lester M. Crawford. (Amanat, F.) (Entered: 10/06/2005)

Letter MOTION for Leave to File Excess Pages Memorandum in Opposition to Defendant's Motion for a Protective Order by all plaintiffs. (Strauss, Nan) (Entered: 10/07/2005)

RESPONSE in Opposition re 37 Notice of MOTION for Protective Order pursuant to Fed. R. Civ. P. 26(c), quashing the plaintiffs' August 17, 2005, discovery requests, and precluding plaintiffs from propounding any further discovery in this case, or alternatively holding discov Exhibits and Declaration attached filed by all plaintiffs. (Attachments: # 1 # 2)(Strauss, Nan) (Entered: 10/07/2005)

ORDER re 43 Letter MOTION for Extension of Time to File Response/Reply as to 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, seeking extension of one week, until October 14, 2005, to serve reply brief a filed by Lester M. Crawford, . Ordered by Judge Edward R. Korman on Oct. 7, 2005. The application is granted(Susi, PaulaMarie)

ORDER granting 44 Motion for Leave to File Excess Pages, nunc pro tunc. Ordered by JudgeViktor V. Pohorelsky on 10/13/2005. (Pohorelsky, Viktor)

Second MOTION for Extension of Time to File Response/Reply as to 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, via letter to Chief Judge Korman seeking short extension of time, until Tuesday, October 18, 2005, to serve reply brief and file briefing bundle, with consent of the plaintiffs, by Andrew C. von Eschenbach. (Amanat, F.) (Entered: 10/14/2005)

MEMORANDUM in Support re 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, by Andrew C. von Eschenbach. (Attachments: # 1 Appendix (Exhibits A to G appended to Memorandum of Law))(Amanat, F.) (Entered: 10/17/2005)

MEMORANDUM in Opposition re 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, by all plaintiffs. (Attachments: # 1 Appendix (Exhibits appended to plaintiffs' memorandum of law))(Amanat, F.) (Entered: 10/17/2005)

REPLY in Support re 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, by Andrew C. von Eschenbach. (Amanat, F.) (Entered: 10/17/2005)

Letter from F. Franklin Amanat, Assistant United States Attorney, EDNY, to Hon. Edward R. Korman, Chief U.S. District Judge, Regarding filing of briefing bundle on defendant's motion for judgment on the pleadings, with service of reply brief on plaintiffs and submission of courtesy copy to Chambers, and request for oral argument. (Amanat, F.) (Entered: 10/17/2005)

ORDER re 46 Second MOTION for Extension of Time to File Response/Reply as to 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, via letter to Chief Judge Korman seeking short extension of time, until Tuesd filed by Andrew C. von Eschenbach, . Ordered by Judge Edward R. Korman on Oct. 17, 2005. The application is granted.(Susi, PaulaMarie)

ORDER re 42 Letter, . Ordered by Judge Edward R. Korman on Oct. 19, 2005. The application is granted.(Susi, PaulaMarie)

Letter MOTION for Extension of Time to File Response/Reply as to 37 Notice of MOTION for Protective Order pursuant to Fed. R. Civ. P. 26(c), quashing the plaintiffs' August 17, 2005, discovery requests, and precluding plaintiffs from propounding any further discovery in this case, or alternatively holding discov, by way of letter to Magistrate Judge Pohorelsky seeking two day extension of time, nunc pro tunc, until October 25, 2005, and also seeking leave to file an oversized brief, all with the consent and concurrence of the plaintiffs, by Andrew C. von Eschenbach. (Amanat, F.) (Entered: 10/24/2005)

REPLY in Support re 37 Notice of MOTION for Protective Order pursuant to Fed. R. Civ. P. 26(c), quashing the plaintiffs' August 17, 2005, discovery requests, and precluding plaintiffs from propounding any further discovery in this case, or alternatively holding discov ery in abeyance at least until the Court has decided the defendant's motion for judgment on the pleadings, as well as such other and further relief as the Court may deem proper, by Andrew C. von Eschenbach. (Attachments: # 1 Exhibit A through D attached to Reply Brief)(Amanat, F.) (Entered: 10/25/2005)

Letter from F. Franklin Amanat, AUSA EDNY, to Hon. Robert C. Heinemann, Clerk of the Court, Regarding filing of corrected table of contents for the Reply Memorandum of Law in Support of Defendant's Motion for Protective Order. (Amanat, F.) (Entered: 10/26/2005)

ORDER . Ordered by Judge Edward R. Korman on Oct. 26, 2005. SEE ATTACHMENT FOR BODY OF ORDER.the plaintiff are directed to respond to this request withing 7 days of the date of this order. The defendant may have 5 days to reply if it wishes. The matter is set down for oral argument at 2:30 p.m. on Friday, Dec. 16, 2005.(Korman, Edward) (Entered: 10/26/2005)

ORDER, by electronic endorsementgranting 51 Motion for Extension of Time to File Response/Reply and for leave to submit oversize brief re 37 Notice of MOTION for Protective Order Replies due by 10/25/2005. Ordered by JudgeViktor V. Pohorelsky on 10/26/2005. (Pohorelsky, Viktor)

ORDER Setting Hearing on Motion 37 Notice of MOTION for Protective Order pursuant to Fed. R. Civ. P. 26(c), quashing the plaintiffs' August 17, 2005, discovery requests, and precluding plaintiffs from propounding any further discovery in this case, or alternatively holding discov: Motion Hearing set for 11/8/2005 02:00 PM before Magistrate-Judge Viktor V. Pohorelsky. Ordered by Judge Viktor V. Pohorelsky on 10/27/2005. (Pohorelsky, Viktor) (Entered: 10/27/2005)

Letter from Plaintiffs' Counsel to Magistrate Judge Pohorelsky Regarding Request for Individual Plaintiffs' Counsel to Appear by Telephone in Lieu of Personal Appearance for Hearing on Defendant's Motion for a Protective Order. (Costello, Andrea) (Entered: 11/01/2005)

Letter from Plaintiffs' Counsel to Magistrate Judge Pohorelsky Regarding Corrected Request to Appear by Telephone in Lieu of Personal Appearance for Hearing on Defendant's Motion for a Protective Order. (Costello, Andrea) (Entered: 11/01/2005)

ORDER . Ordered by Judge Edward R. Korman on Oct. 26, 2005. Amended order (note scheduling remains unchanged).(Korman, Edward) (Entered: 11/01/2005)

ORDER re 57 Letter, by electronic endorsement: Application Granted. So Ordered by Judge Viktor V. Pohorelsky on 11/2/2005. (Pohorelsky, Viktor)

Letter from Plaintiffs Regarding Response to Judge Korman's Order Dated 10/26/05, Seeking Leave to File a Second Amended Complaint. (Strauss, Nan) (Entered: 11/02/2005)

AMENDED COMPLAINT Proposed Second Amended Complaint against all defendants, filed by all plaintiffs.(Strauss, Nan) (Entered: 11/02/2005)

NOTICE of Appearance by Sanford Cohen on behalf of all plaintiffs (Cohen, Sanford) (Entered: 11/07/2005)

NOTICE of Appearance by Galen Leigh Sherwin on behalf of all plaintiffs (Sherwin, Galen) (Entered: 11/07/2005)

Letter from F. Franklin Amanat, AUSA EDNY, to Hon. Edward R. Korman, Chief USDJ, EDNY, Regarding request for extension of one day, until Thursday November 10, 2005, to submit government's reply to plaintiffs' response to Court's Order dated October 26, 2005 (amended on November 1). (Amanat, F.) (Entered: 11/07/2005)

ORDER re 63 Letter, . Ordered by Judge Edward R. Korman on Nov. 8, 2005. The application is granted.(Susi, PaulaMarie)

NOTICE of Appearance by Vivien Maxine Labaton on behalf of all plaintiffs (Labaton, Vivien) (Entered: 11/08/2005)

Minute Entry for proceedings held before Viktor V. Pohorelsky: Oral Argument on Motion for Protective Order held on 11/8/2005. Counsel for parties present. Oral argument held. Decision reserved. Discovery is hereby stayed until the next conference. The next conference shall be held on 12/20/05 immediately following the oral argument on the motion to dismiss before Judge Korman. (Chee, Alvin) (Entered: 11/17/2005)

Minute Entry for proceedings held before Viktor V. Pohorelsky : Oral Argument on Motion for Protective Order held on 11/8/2005. Next conf set for 12/20/05 immediately following the oraal argument on the motion to dismiss before Judge Korman. (Williams-Jackson, Sandy) (Entered: 11/18/2005)

REPLY in Support re 58 Order, 54 Order, by way of letter from F. Franklin Amanat, AUSA EDNY, to Hon. Edward R. Korman, replying to plaintiffs' November 2, 2005, response to Court's orders of October 26 and November 1, 2005, by Andrew C. von Eschenbach(in his official capacity as Acting Commissioer of the Food and Drug Administration). (Amanat, F.) (Entered: 11/10/2005)

Letter from Nan Strauss, Counsel for Plaintiffs to Chief Judge Korman Regarding Request to Submit Supplemental Authority in Support of Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings. (Attachments: # 1 Supplement GAO Report: "FDA Decision Process to Deny Initial Application for Over-the-Counter Marketing of the Emergency Contraceptive Drug Plan B Was Unusual")(Strauss, Nan) (Entered: 11/18/2005)

Letter from F. Franklin Amanat, AUSA-EDNY, on behalf of all parties, as well as non-parties Barr Pharmaceuticals, Inc. and Duramed Research, Inc., to Hon. Viktor V. Pohorelsky, United States Magistrate Judge, Regarding submission of proposed stipulated protective order with respect to the administrative record, which we respectfully ask the Court to enter at this time. (Attachments: # 1 Text of Proposed Order Proposed Stipulated Protective Order with Respect to Administrative Record)(Amanat, F.) (Entered: 11/23/2005)

ORDER re 59 Letter. Ordered by Judge Edward R. Korman on Nov. 28, 2005. The motion to file the second amended complaint is granted. In doing so, I do not preclude the defendant from arguing that the Section 706(1) cause of action should be dismissed when I hear oral argument on the 20th of December. We can discuss the plaintiff's application to move for summary judgment on the 706(1) cause of action at that time.(Susi, PaulaMarie)

STIPULATION AND ORDER: The Stipulated Protective Order submitted under docket entry 69 is hereby so ordered with the proviso that nothing in the order shall be construed as a limitation on the court's ability to modify the order, whether upon application of a party or on its own motion. Ordered by Judge Viktor V. Pohorelsky on 12/2/2005. (Pohorelsky, Viktor)

ORDER . Ordered by Judge Edward R. Korman on Dec. 5, 2005. The FDA is ordered to address the issue of whether its argument can be rectified with the standard for implied repeals. The response should be filed by December 15, 2005. See order for details.(Korman, Edward) (Entered: 12/05/2005)

AMENDED COMPLAINT Second Amended Complaint against all defendants, filed by all plaintiffs.(Strauss, Nan) (Entered: 12/07/2005)

NOTICE of Appearance by Priscilla Joyce Smith on behalf of all plaintiffs (Smith, Priscilla) (Entered: 12/15/2005)

RESPONSE in Support re 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, [Supplemental Memorandum of Law in Support of MJOP, submitted in response to Court's Order of December 5, 2005] filed by Andrew C. von Eschenbach(in his official capacity as Acting Commissioer of the Food and Drug Administration). (Amanat, F.) (Entered: 12/15/2005)

RESPONSE in Support re 34 Notice of MOTION for Judgment on the Pleadings Dismissing the Amended Complaint with Prejudice, [CORRECTED VERSION of Supplemental Memorandum in Support of Defendant's MJOP (Originally filed 12/15/05), with Table of Authorities added, Certificate of Service attached, and a number of typographical errors corrected] filed by Andrew C. von Eschenbach(in his official capacity as Acting Commissioer of the Food and Drug Administration). (Attachments: # 1 Certificate of Service)(Amanat, F.) (Entered: 12/16/2005)

Letter from Plaintiffs' Counsel to Chief Judge Edward R. Korman Regarding Request to appear by telephone for hearing on Defendant's Motion for Judgment on the Pleadings. (Costello, Andrea) (Entered: 12/19/2005)

Letter from Plaintiffs' Counsel to Magistrate Judge Viktor V. Pohorelsky Regarding Request to appear by telephone for oral argument on Defendant's Motion for a Protective Order. (Costello, Andrea) (Entered: 12/19/2005)

ENDORSED ORDER: Plaintiff's request to appear at the 12/22/05 conference by telephone is granted. Endorsed on document #75. C/M by chambers . Ordered by Judge Edward R. Korman on 12/20/05. (Chee, Alvin)

ORDER re 76 Letter, by electronic endorsement: the application to appear by telephone is granted. Counsel shall contact chambers at (718) 260-2400 after the hearing before Judge Korman concludes. Ordered by Judge Viktor V. Pohorelsky on 12/21/2005. (Pohorelsky, Viktor)

Minute Entry for proceedings held before Edward R. Korman : Status Conference held on 12/21/2005. (Court Reporter n/a.) Telephone conf held. Nan Straus & AUSA Amanat present. Application to delay oral argument heard - denied. (Korman, Edward)

Letter from Plaintiffs to Chief Judge Korman and Magistrate Judge Pohorelsky Regarding FDA documents submitted as supplemental authority in support of Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings and Defendant's motion to preclude discovery. (Attachments: # 1 # 2 # 3 # 4 # 5)(Strauss, Nan) (Entered: 12/21/2005)

ORDER denying 34 Motion for Judgment on the PleadingsNOT FOR PUBLICATION. Ordered by JudgeEdward R. Korman on Dec. 22, 2005.The record should reflect the fact that I have reserved decision on the issue whether the District Court or the Court of Appeals is the appropriate forum for the cause of action based on the denial of the Citizen Petition (assuming it was denied). I will review the relevant caselaw and then decide this matter. Plaintiffs shall notify me whether they would oppose a transfer of this cause of action to the Court of Appeals. Defendant's motion for judgment on the pleadings is otherwise denied.(Korman, Edward)

Minute Entry for proceedings held before Viktor V. Pohorelsky : Status Conference held on 12/22/2005. Ruling entered on the record denying defendant's motion for a protective order in part and scheduling further briefing on remaining aspects of the motion. See annexed calendar. (Pohorelsky, Viktor) (Entered: 12/22/2005)