2012-03-05 RJR v FDA: FDA’s NOTICE OF APPEAL

March 6, 2012 3:28 pm by Gene Borio

The PDF is Here

EXCERPT:

NOTICE OF APPEAL

All defendants (the United States Food and Drug Administration, Margaret Hamburg, and Kathleen Sebelius) appeal from the Court’s summary judgment order and accompanying memorandum of February 29, 2012, docket numbers 58 and 59. Appeal from this judgment includes any and all orders antecedent and ancillary thereto, including any and all interlocutory judgments, decrees, decisions, rulings, and opinions that merged into and became part of the judgment, that shaped the judgment, that are related to the judgment, or upon which the judgment is based.

END EXCERPT

FULL TEXT:

Case 1:11-cv-01482-RJL Document 60 Filed 03/05/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

R.J. REYNOLDS TOBACCO COMPANY, et al.,

Plaintiffs,

v.

UNITED STATES FOOD AND DRUG ADMINISTRATION, et al.,

Defendants.

No. 1:11-cv-1482 (RJL)

NOTICE OF APPEAL

All defendants (the United States Food and Drug Administration, Margaret Hamburg, and Kathleen Sebelius) appeal from the Court’s summary judgment order and accompanying memorandum of February 29, 2012, docket numbers 58 and 59. Appeal from this judgment includes any and all orders antecedent and ancillary thereto, including any and all interlocutory judgments, decrees, decisions, rulings, and opinions that merged into and became part of the judgment, that shaped the judgment, that are related to the judgment, or upon which the judgment is based.

Case 1:11-cv-01482-RJL Document 60 Filed 03/05/12 Page 2 of 2

Of Counsel:

WILLIAM B. SCHULTZ

Acting General Counsel

ELIZABETH H. DICKINSON

Associate General Counsel

Food and Drug Division

ERIC M. BLUMBERG

Deputy Chief Counsel, Litigation

KAREN E. SCHIFTER

Senior Counsel

U.S. Department of Health & Human Services

Office of the General Counsel

10903 New Hampshire Ave.

Silver Spring, MD 20993-0002

Respectfully submitted,

TONY WEST

Assistant Attorney General

BETH S. BRINKMANN

Deputy Assistant Attorney General

MAAME EWUSI-MENSAH FRIMPONG

Acting Deputy Assistant Attorney General

/s/

DRAKE CUTINI

DANIEL K. CRANE-HIRSCH

Attorneys, Consumer Protection Branch

PO Box 386

Washington, DC 20044

202-307-0044 (Cutini)

drake.cutini@usdoj.gov

/s/

MARK B STERN

ALISA B. KLEIN

SARANG V. DAMLE

DANIEL TENNY

LINDSEY POWELL

Attorneys, Appellate Staff

Civil Division, Room 7217

U.S. Department of Justice

950 Pennsylvania Ave., NW

Washington, DC 20530

202-514–5735 (Damle)

Fax: 202-514-9405

sarang.damle@usdoj.gov

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