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Defendants’ Response to Plaintiff’s Motion to Expedite Hearing or Ruling
Date
2020-07-31
Full text
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Association of American Physicians & Surgeons,
Plaintiff,
v.
Food & Drug Administration, et al.,
Defendants.
Case No. 1:20-cv-493-RJJ-SJB
Defendants’ Response to Plaintiff’s Motion to Expedite Hearing or Ruling
Plaintiff Association of American Physicians & Surgeons (“AAPS”) requested oral
argument in the caption of its motion for a preliminary injunction. See AAPS PI Mot.,
ECF No. 8. AAPS now “moves for an expedited hearing or ruling on its pending motion
for a preliminary injunction.” AAPS Mot. Expedite, ECF No. 15, PageID.726.
The determination of whether oral argument is necessary to dispose of a motion is
at the court’s discretion. W.D. Mich. LCivR 7.2(d). Defendants believe that both AAPS’s
motion for a preliminary injunction and Defendants’ motion to dismiss may be resolved
on the pleadings without argument. However, if the Court believes that argument
would be helpful, Defendants gladly would accommodate the Court’s preference.
July 31, 2020
OF COUNSEL:
ROBERT P. CHARROW
General Counsel
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
MICHAEL D. GRANSTON
Deputy Assistant Attorney General
Civil Division
Case 1:20-cv-00493-RJJ-SJB ECF No. 17 filed 07/31/20 PageID.750 Page 1 of 3
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STACY CLINE AMIN
Deputy General Counsel
U.S. Department of Health
and Human Services
Chief Counsel
Food and Drug Administration
ANNAMARIE KEMPIC
Deputy Chief Counsel, Litigation
SAMANTHA HONG
SUSAN WILLIAMS
Associate Chief Counsel
Office of the General Counsel
Food and Drug Division
10903 New Hampshire Avenue
Silver Spring, MD 20993
GUSTAV W. EYLER
Director
ANDREW E. CLARK
Assistant Director
s/ James W. Harlow
JAMES W. HARLOW
Trial Attorney
Consumer Protection Branch
U.S. Department of Justice
P.O. Box 386
Washington, DC 20044-0386
(202) 514-6786
(202) 514-8742 (fax)
James.W.Harlow@usdoj.gov
Case 1:20-cv-00493-RJJ-SJB ECF No. 17 filed 07/31/20 PageID.751 Page 2 of 3
CERTIFICATE OF WORD COUNT COMPLIANCE
Pursuant to Local Civil Rule 7.2(b)(i), I hereby certify that this response contains
114 words, as calculated by the word count function of Microsoft Word 2016.
July 31, 2020
s/ James W. Harlow
JAMES W. HARLOW
CERTIFICATE OF SERVICE
I hereby certify that this document, filed through the CM/ECF system, will be sent
via electronic mail to the registered participants as identified on the Notice of Electronic
Filing.
July 31, 2020
s/ James W. Harlow
JAMES W. HARLOW
Case 1:20-cv-00493-RJJ-SJB ECF No. 17 filed 07/31/20 PageID.752 Page 3 of 3