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Case: 13-1690 Document: 90 Page: 1 06/12/2013 963140 2

UNITED STATES COURT OF APPEALS

FOR THE

SECOND CIRCUIT


At a stated term of the United States Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 12 day
of June, two thousand thirteen,

th



ANNIE TUMMINO, et al.,

Plaintiffs - Appellees,

v.

MARGARET HAMBURG, in her official capacity as
Commissioner of the Food and Drug Administration,
KATHLEEN SEBELIUS, in her official capacity as
Secretary of the Department of Health and Human
Services,

Defendants - Appellants,

TEVA WOMEN’S HEALTH, INC.,

Intervenor.



ORDER
Docket No. 13-1690



By order dated June 5, 2013 the Court directed the Clerk of Court to set an expedited briefing
schedule in this case. By letter filed June 11, 2013, Appellants advised the Court that they had filed
with the District Court notice that the Food and Drug Administration (FDA) and the Department of
Health and Human Services (HHS) “have complied with the Court’s April 10, 2013 judgment…”
In light of this action and pending the District Court’s approval of their actions, Appellants requested
that the Court postpone setting the briefing schedule for this appeal.

IT IS HEREBY ORDERED, that the request to postpone setting the briefing schedule is
GRANTED, subject to the following conditions: Appellants must advise the Court forthwith, by
letter, in the event the District Court approves, modifies or rejects the FDA and HHS plan. Until that
occurs, Appellants shall provide the Court with a status update every 30 days until the District Court

Case: 13-1690 Document: 90 Page: 2 06/12/2013 963140 2

approves, modifies or rejects the FDA and HHS plan. Either party to this appeal may at any time,
by letter to the Clerk of Court, request that a briefing schedule be set and suggest therein an
expedited schedule.





For the Court:

Catherine O’Hagan Wolfe,
Clerk of Court



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