Government Accountability Project v. U.S. Department of Health and Human Services

Memorandum in opposition to re MOTION for Judgment on the Pleadings

D.D.C.February 19, 2008

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GOVERNMENT ACCOUNTABILITY ) PROJECT, ) ) Plaintiff, ) ) v. ) Civil Action No. 07-01702 (CKK) ) U.S. DEPARTMENT OF HEALTH AND ) HUMAN SERVICES; U.S. FOOD AND ) DRUG ADMINISTRATION, ) ) Defendants. ) ____________________________________ ) DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS On January 29, 2008, Plaintiff filed a Motion for Judgment on the Pleadings. Defendants oppose that Motion and the memorandum supporting Defendants’ position in this regard was previously submitted today, February 19, 2008, with Defendants’ Motion for an Open America Stay and Opposition to Plaintiff’s Motion for Judgment on the Pleadings . See Docket Entry No. 7. Additionally, a proposed Order consistent with their opposition was also filed Defendants’ Motion. Id. Respectfully submitted, /s/ Jeffrey A. Taylor /bmr JEFFREY A. TAYLOR, D.C. BAR #498610 United States Attorney /s/ Rudolph Contreras /bmr RUDOLPH CONTRERAS, D.C. BAR #434122 Assistant United States Attorney Case 1:07-cv-01702-CKK Document 8 Filed 02/19/2008 Page 1 of 3 2 /s/ Beverly M. Russell BEVERLY M. RUSSELL, D.C. BAR #454257 Assistant United States Attorney U.S. Attorney’s Office for the District of Columbia, Civil Division 555 4th Street, N.W., Rm. E-4915 Washington, D.C. 20530 Ph: (202) 307-0492 Fax: (202) 514-8780 E-mail: beverly.russell@usdoj.gov Case 1:07-cv-01702-CKK Document 8 Filed 02/19/2008 Page 2 of 3 CERTIFICATE OF SERVICE I certify that the foregoing Defendants’ Opposition to Plaintiff’s Motion for Judgment on the Pleadings was served upon Plaintiff by the Court’s Electronic Case Filing System to: Richard E. Condit Government Accountability Project 1612 K Street, N.W., Suite 1100 Washington, D.C. 20006 richardc@whistleblower.org on this 19th day of February, 2008. /s/ Beverly M. Russell BEVERLY M. RUSSELL Assistant United States Attorney Case 1:07-cv-01702-CKK Document 8 Filed 02/19/2008 Page 3 of 3