Case: Przybocki v. United States Department of Agriculture

COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7248975) by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Certificate of Interested Parties due by 4/7/2023. Proof of service due by 6/26/2023. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Agriculture, # 3 Summons U.S. Department of Agriculture via U.S. Attorney General, # 4 Summons U.S. Department of Agriculture via U.S. Attorney's Office, # 5 Summons Thomas J. Vilsack in his official capacity as Secretary of Agriculture, # 6 Summons Thomas J. Vilsack via U.S. Attorney General, # 7 Summons Thomas J. Vilsack via U.S. Attorney's Office, # 8 Summons U.S. Department of Ag. FSIS, # 9 Summons U.S. Department of Ag. FSIS via U.S. Attorney Genera, # 10 Summons U.S. Department of Ag. FSIS via U.S. Attorney's Office, # 11 Summons Sandra Eskin, in her official capacity as U.S. Deputy Under Secretary for Food Safety, # 12 Summons Sandra Eskin via U.S. Attorney General, # 13 Summons Sandra Eskin via U.S. Attorney's Office, # 14 Summons U.S. Food and Drug Administration, # 15 Summons U.S. Food and Drug Administration via U.S. Attorney General, # 16 Summons U.S. Food and Drug Administration via U.S. Attorney's Office, # 17 Summons Robert Califf, in his official capacity as Commissioner, # 18 Summons Robert Califf via U.S. Attorney General, # 19 Summons Robert Califf via U.S. Attorney's Office) (Dushoff, Matthew) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 03/28/2023)

1 Civil Cover Sheet

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2 Summons U.S. Department of Agriculture

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3 Summons U.S. Department of Agriculture via U.S. Attorney General

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4 Summons U.S. Department of Agriculture via U.S. Attorney's Office

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5 Summons Thomas J. Vilsack in his official capacity as Secretary of Agriculture

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6 Summons Thomas J. Vilsack via U.S. Attorney General

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7 Summons Thomas J. Vilsack via U.S. Attorney's Office

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8 Summons U.S. Department of Ag. FSIS

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9 Summons U.S. Department of Ag. FSIS via U.S. Attorney Genera

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10 Summons U.S. Department of Ag. FSIS via U.S. Attorney's Office

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11 Summons Sandra Eskin, in her official capacity as U.S. Deputy Under Secretary fo

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12 Summons Sandra Eskin via U.S. Attorney General

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13 Summons Sandra Eskin via U.S. Attorney's Office

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14 Summons U.S. Food and Drug Administration

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15 Summons U.S. Food and Drug Administration via U.S. Attorney General

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16 Summons U.S. Food and Drug Administration via U.S. Attorney's Office

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17 Summons Robert Califf, in his official capacity as Commissioner

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18 Summons Robert Califf via U.S. Attorney General

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19 Summons Robert Califf via U.S. Attorney's Office

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CERTIFICATE of Interested Parties by Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. There are no known interested parties other than those participating in the case. (Dushoff, Matthew) (Entered: 03/28/2023)

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Paul M. Sherman and DESIGNATION of Local Counsel Matthew T. Dushoff (Filing fee $ 250 receipt number ANVDC-7249095) by Plaintiffs Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. (Dushoff, Matthew) (Entered: 03/28/2023)

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Justin M. Pearson and DESIGNATION of Local Counsel Matthew T. Dushoff (Filing fee $ 250 receipt number ANVDC-7249111) by Plaintiffs Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. (Dushoff, Matthew) (Entered: 03/28/2023)

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Elizabeth L. Sanz and DESIGNATION of Local Counsel Matthew T. Dushoff (Filing fee $ 250 receipt number ANVDC-7249137) by Plaintiffs Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. (Dushoff, Matthew) (Entered: 03/28/2023)

SUMMONS ISSUED re 1 Complaint (HAM) (Entered: 03/28/2023)

Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Daniel J. Albregts. (HAM)

ORDER APPROVING ECF No. 3 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Paul M. Sherman for Michelle Przybocki and approving Designation of Local Counsel Matthew T. Dushoff. Signed by District Judge Anne R. Traum on 3/29/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS) (Entered: 03/30/2023)

ORDER APPROVING ECF No. 4 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Justin M. Pearson for Michelle Przybocki and approving Designation of Local Counsel Matthew T. Dushoff. Signed by District Judge Anne R. Traum on 3/29/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS) (Entered: 03/30/2023)

ORDER APPROVING ECF No. 5 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Elizabeth L. Sanz for Gourmend Foods, LLC, Michelle Przybocki, and Ketan Vakil and approving Designation of Local Counsel Matthew T. Dushoff. Signed by District Judge Anne R. Traum on 3/29/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS) (Entered: 03/30/2023)

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Paul M. Sherman is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) (Entered: 03/31/2023)

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Justin M. Pearson is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) (Entered: 03/31/2023)

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Elizabeth L. Sanz is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) (Entered: 03/31/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Department of Agriculture served on 4/4/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Department of Agriculture served on 4/5/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Department of Agriculture served on 4/6/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Thomas J Vilsack served on 4/4/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Thomas J Vilsack served on 4/5/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Thomas J Vilsack served on 4/6/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Department of Agriculture Food Safety and Inspection Service served on 4/4/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Department of Agriculture Food Safety and Inspection Service served on 4/5/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Department of Agriculture Food Safety and Inspection Service served on 4/6/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Sandra Eskin served on 4/4/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Sandra Eskin served on 4/5/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Sandra Eskin served on 4/6/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Food and Drug Administration served on 4/3/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Food and Drug Administration served on 4/5/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. United States Food and Drug Administration served on 4/6/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Robert Califf served on 4/4/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Robert Califf served on 4/5/2023. (Pearson, Justin) (Entered: 04/20/2023)

SUMMONS Returned Executed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Robert Califf served on 4/6/2023. (Pearson, Justin) (Entered: 04/20/2023)

MOTION to Admit Government Attorney Elizabeth Tulis by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. (Ager, Lindsay) (Entered: 04/21/2023)

ORDER GRANTING ECF No. 31 Motion to Admit Government Attorney Elizabeth Tulis for Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. Signed by District Judge Anne R. Traum on 4/25/2023.(Copies have been distributed pursuant to the NEF - CJS) (Entered: 04/25/2023)

STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to the Complaint and for Enlargement of Page Limit by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. (Tulis, Elizabeth) (extend) (dispositive) (Entered: 05/31/2023)

ORDER granting 33 Stipulation to Extend Time for Defendants To Respond to the Complaint and for Plaintiffs To File Opposition. Defendants deadline to file their anticipated motion to dismiss the complaint is extended from June 5, 2023, to June 16, 2023. Plaintiffs deadline to oppose Defendants anticipated motion to dismiss is extended to July 20, 2023. The page limit for Defendants moving brief and for Plaintiffs opposition brief is enlarged from 24 pages to 32 pages. Signed by District Judge Anne R. Traum on 5/31/2023. (Copies have been distributed pursuant to the NEF - CAH)

STIPULATION FOR EXTENSION OF TIME (Second Request) for Defendants To Respond to the Complaint and for Plaintiffs To File Opposition by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. (Tulis, Elizabeth) (extend) (dispositive) (Entered: 06/15/2023)

ORDER granting 35 Stipulation To Extend Time for Defendants To Respond to the Complaint and for Plaintiffs To File Opposition. Defendants deadline to file their anticipated motion to dismiss the complaint is extended from June 16, 2023, to June 23, 2023. This is the final extension that Defendants will receive for their motion and opening brief. Plaintiffs deadline to oppose Defendants anticipated motion to dismiss is extended from July 20, 2023, to August 4, 2023. Signed by District Judge Anne R. Traum on 6/16/2023. (Copies have been distributed pursuant to the NEF - CAH)

MOTION to Dismiss 1 Complaint,,,,,,, by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration. Responses due by 7/7/2023. (Attachments: # 1 Index of Exhibits, # 2 Declaration of Jeffrey W. Canavan, # 3 Exhibit A - Label Application Summary Report, # 4 Exhibit B - First Revised Label Application, # 5 Exhibit C - Email from Lauren Handel, # 6 Exhibit D - Email from Jeffrey Canavan, # 7 Exhibit E - Second Revised Label Application)(Tulis, Elizabeth) (Entered: 06/23/2023)

STIPULATION FOR EXTENSION OF TIME (Second Request) for Plaintiffs to Respond to Defendants' Motion to Dismiss (Second Request) and Defendants to File Reply (First Request) re 37 Motion to Dismiss,, by Plaintiffs Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. (Pearson, Justin) (extend) (sumjgm) (Entered: 07/24/2023)

ORDER granting 38 Stipulation to Extend Time for Plaintiffs to Respond to Defendants' 37 Motion to Dismiss and Defendants to File Reply. Responses due by 8/18/2023. Replies due by 9/18/2023. Signed by District Judge Anne R. Traum on 7/24/2023. (Copies have been distributed pursuant to the NEF - CT)

RESPONSE to 37 Motion to Dismiss,, by Plaintiffs Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. Replies due by 8/25/2023. (Pearson, Justin) (Entered: 08/18/2023)

STIPULATION to Enlarge Page Limit for Reply by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. (Tulis, Elizabeth) (other) (dispositive) (Entered: 09/13/2023)

ORDER GRANTING 41 Stipulation to Enlarge Page Limit for Reply (First Request) - Signed by District Judge Anne R. Traum on 9/14/2023.(Copies have been distributed pursuant to the NEF - CJS) (Entered: 09/14/2023)

REPLY to Response to 37 Motion to Dismiss,, by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. (Tulis, Elizabeth) (Entered: 09/18/2023)

MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 4/26/2024. By Deputy Clerk: Katie Lynn Sutherland. Oral argument on 37 Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and Improper Venue is hereby scheduled for Friday, May 17, 2024, at 11:00 a.m. before U.S. District Judge Anne R. Traum, in a Las Vegas courtroom to be determined. Counsel will be electronically notified via CM/ECF of the courtroom location once assigned. (no image attached) (Copies have been distributed pursuant to the NEF - KLS) (Entered: 04/26/2024)

Minute Order Setting Hearing on Motion

NOTICE OF LAS VEGAS COURTROOM ASSIGNMENT: Oral argument scheduled for Friday, May 17, 2024, at 11:00 a.m. before U.S. District Judge Anne R. Traum will be held in Las Vegas Courtroom 6B. (no image attached) (KLS) (Entered: 05/10/2024)

Notice Setting Hearing on Motion

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 5/14/2024. The discovery plan and scheduling order is overdue. (ECF No. 31 ). See LR 26-1(a). The parties must file a stipulated discovery plan and scheduling order on or before June 13, 2024. (no image attached) (Copies have been distributed pursuant to the NEF - KL) (Entered: 05/14/2024)

Minute Order

NOTICE OF LAS VEGAS COURTROOM REASSIGNMENT: Oral argument scheduled for Friday, May 17, 2024, at 11:00 a.m. before U.S. District Judge Anne R. Traum will now be held in Las Vegas Courtroom 7D. (no image attached) (KLS) (Entered: 05/17/2024)

MINUTES OF PROCEEDINGS - Oral argument held on 5/17/2024 before District Judge Anne R. Traum. Crtrm Administrator: Katie Lynn Sutherland; Pla Counsel: Justin Pearson and Elizabeth Sanz; Def Counsel: Elizabeth Tulis; Court Reporter: Donna Prather; Time of Hearing: 11:13 a.m. - 12:27 p.m.; Las Vegas Courtroom: 7D. Client(s) present: for the Plaintiff, Michelle Przybocki. The Court hears respective oral arguments from Ms. Tulis and Mr. Pearson regarding 37 Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and Improper Venue. After hearing argument, the Court takes the motion under submission. (no image attached) (Copies have been distributed pursuant to the NEF - KLS) (Entered: 05/17/2024)

Notice Setting Hearing on Motion

Motion Hearing

TRANSCRIPT of Proceedings, 48 Motion Hearing, held on May 17, 2024, before District Judge Anne R. Traum. Court Reporter: Donna Prather, Donna_Prather@nvd.uscourts.gov. Any Redaction Request is due by 6/27/2024. Release of the Transcript Restriction is set for 9/4/2024. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. After release date, it may be obtained through the court reporter or PACER. THIS TRANSCRIPT MUST NOT BE ATTACHED AS AN EXHIBIT OR MADE PART OF AN APPENDIX. See Local Rule IA 10-3.(b). (DJP) (Entered: 06/06/2024)

STIPULATION TO STAY DISCOVERY re 46 Minute Order, by Defendants Robert Califf, Sandra Eskin, United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Thomas J Vilsack. (Tulis, Elizabeth) (stay) (nondispositive) (Entered: 06/13/2024)

ORDER granting 50 Stipulation To Stay Discovery. IT IS FURTHER ORDERED that thirty days after the Court's ruling on Defendants' motion to dismiss, the parties must either submit a stipulated discovery plan and scheduling order or a joint status report. Signed by Magistrate Judge Daniel J. Albregts on 6/14/2024.(Copies have been distributed pursuant to the NEF - CAH) (Entered: 06/17/2024)

ORDER granting 37 Motion to Dismiss. Plaintiffs complaint is therefore dismissed without prejudice and with leave to amend. Signed by District Judge Anne R. Traum on 7/17/2024.(Copies have been distributed pursuant to the NEF - CAH) (Entered: 07/17/2024)

NOTICE of Plaintiffs' Intent Not to Amend Complaint by Gourmend Foods, LLC, Michelle Przybocki, Ketan Vakil. (Pearson, Justin) (Entered: 09/12/2024)

NOTICE of Appearance by attorney Patrick A Rose on behalf of Defendants United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration. (Rose, Patrick) (Entered: 10/16/2024)

Attorney update in case: Attorney Lindsay Ager withdrawn from the case. (Welsh, Blaine)

Withdraw Counsel

MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 10/30/2024. In light of Plaintiffs' intent not to amend their complaint (ECF No. 53), the Court instructs the Clerk to enter judgment in favor of Defendants. (no image attached) (Copies have been distributed pursuant to the NEF - NVT) (Entered: 10/30/2024)

JUDGMENT in favor of United States Department of Agriculture, United States Department of Agriculture Food Safety and Inspection Service, United States Food and Drug Administration, Robert Califf, Sandra Eskin, Thomas J Vilsack against Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. Signed by Clerk of Court Debra K. Kempi on 10/30/2024. (Copies have been distributed pursuant to the NEF - CAH) (Entered: 10/30/2024)

Minute Order

NOTICE OF APPEAL as to 52 Order on Motion to Dismiss, 56 Judgment, by Plaintiffs Michelle Przybocki, Ketan Vakil, Gourmend Foods, LLC. Filing fee $ 605, receipt number ANVDC-7877096. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Designation of Transcripts and Transcript Order forms and instructions for appeal can be found on the Court's website at www.nvd.uscourts.gov. (Attachments: # 1 Representation Statement) (Pearson, Justin) (Entered: 11/21/2024)

USCA, Ninth Circuit Appellate Case Number 24-7174 assigned to 57 Notice of Appeal. (RJDG) (Entered: 12/04/2024)

USCA ORDER for Time Schedule as to 57 Notice of Appeal, filed by Gourmend Foods, LLC, Ketan Vakil, Michelle Przybocki. USCA Case Number 24-7174. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 12/04/2024)

TRANSCRIPT DESIGNATION by Plaintiffs Michelle Przybocki, Ketan Vakil, Gourmend Foods, LLC re 57 Notice of Appeal,, 49 Transcript,, 48 Motion Hearing,,,. (Pearson, Justin) (Entered: 12/05/2024)

NOTICE of Appearance by attorney Nicole Leibow on behalf of Defendants United States Department of Agriculture, Thomas J Vilsack, United States Department of Agriculture Food Safety and Inspection Service, Sandra Eskin, United States Food and Drug Administration, Robert Califf. (Leibow, Nicole) (Entered: 08/19/2025)

UNOPPOSED MOTION To Withdraw as Attorney by Defendants United States Department of Agriculture, Thomas J Vilsack, United States Department of Agriculture Food Safety and Inspection Service, Sandra Eskin, United States Food and Drug Administration, Robert Califf. Responses due by 9/5/2025. (Tulis, Elizabeth) (attorney) (Entered: 08/22/2025)

ORDER Granting 62 Unopposed Motion to Withdraw as Attorney. Signed by Magistrate Judge Daniel J. Albregts on 9/8/2025. Attorney Elizabeth Tulis terminated. (Copies have been distributed pursuant to the NEF - RJDG)