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Case: 13-1690 Document: 89-1 Page: 1 06/11/2013 962061 2

U.S. Department of Justice

United States Attorney
Eastern District of New York

271 Cadman Plaza East
Brooklyn, NY 11201-1820

June 11, 2013


Tummino v. Hamburg, No. 13-1690


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:

We represent the defendants-appellees in the above-referenced appeal and write
further to the telephonic conversation with you that the parties had yesterday afternoon.

As we previewed during that call, the government filed with the district court last

night a letter (a copy of which is enclosed) informing the district court that the Food and
Drug Administration and the Department of Health and Human Services have complied
with the district court’s April 10, 2013, judgment by granting the 2001 Citizen Petition and
making Plan B One-Step available over-the-counter without age or point-of-sale
restrictions. It is the government’s understanding that the course of action outlined in
the letter fully complies with the district court’s judgment in this action. As stated in
the letter, once Judge Korman confirms that the government’s understanding is correct,
we intend to file with this Court notice that the government is voluntarily withdrawing
the above-referenced appeal.

Under these circumstances, the government suggested, and the plaintiffs agreed,
that it would be inexpedient for the Court to set a briefing schedule at this time for this
appeal. Rather, you proposed, and the parties agreed, that the appeal be placed on the
suspense calendar for the time being. The parties also agreed to report back to the
Court at intervals no less frequent than once every 30 days to advise whether the appeal is

Case: 13-1690 Document: 89-1 Page: 2 06/11/2013 962061 2

Respectfully submitted,

We thank the Court for its time and continued attention to this matter.

United States Attorney
Eastern District of New York

being withdrawn, whether it should remain on the suspense calendar, or whether one or
both parties requests a briefing schedule in this matter.

cc (by email and CM/ECF):

Senior Counsel
(718) 254-6024
[email protected]

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