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Case: 13-1690 Document: 79 Page: 1 05/29/2013 950746 2











U.S. Department of Justice
















United States Attorney
Eastern District of New York




271 Cadman Plaza East
Brooklyn, NY 11201-1820

May 29, 2013



















Re:

Tummino v. Hamburg, No. 13-1690

BY CM/ECF

Honorable Catherine O’Hagan Wolfe
Clerk of the Court
United States Court of Appeals for the Second Circuit
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007



Dear Ms. Wolfe:


On May 15, 2013, Defendants-Appellants Dr. Margaret Hamburg, Commissioner of
Food and Drugs, and Kathleen Sebelius, Secretary of Health and Human Services, filed
their Form D, stating that they would not be ordering a transcript because a copy is
already available. In accordance with that statement, and pursuant to Local Rule
31.2(a)(1)(A), Defendants-Appellants respectfully request that the deadline for filing their
brief be July 24, 2013.















/s/ {FILED ELECTRONICALLY}
F. FRANKLIN AMANAT
Senior Counsel
(718) 254-6024
[email protected]

LORETTA E. LYNCH
United States Attorney
Eastern District of New York

Respectfully submitted,

By:











































































Case: 13-1690 Document: 79 Page: 2 05/29/2013 950746 2

cc (by email and CM/ECF):







Mark Stern
Adam C. Jed
Janet Crepps
Andrea Costello
Kirsten Clanton
Michael Shumsky