South Mountain Creamery, LLC v. U.S. Food and Drug Administration, 1:18-cv-00738. (2020)
Court: District Court, M.D. Pennsylvania
Number: infdco20200226d88
Visitors: 10
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER YVETTE KANE , District Judge . AND NOW , on this 25th day of February 2020, upon consideration of Defendants the U.S. Food and Drug Administration ("FDA") and Commissioner Scott Gottlieb, M.D. ("Commissioner Gottlieb") (collectively referred to herein as the "Federal Defendants")' motion to dismiss Plaintiff South Mountain Creamery, LLC ("Plaintiff")'s claims against them pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction (Doc. No. 37), and i
Summary: ORDER YVETTE KANE , District Judge . AND NOW , on this 25th day of February 2020, upon consideration of Defendants the U.S. Food and Drug Administration ("FDA") and Commissioner Scott Gottlieb, M.D. ("Commissioner Gottlieb") (collectively referred to herein as the "Federal Defendants")' motion to dismiss Plaintiff South Mountain Creamery, LLC ("Plaintiff")'s claims against them pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction (Doc. No. 37), and in..
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ORDER
YVETTE KANE, District Judge.
AND NOW, on this 25th day of February 2020, upon consideration of Defendants the U.S. Food and Drug Administration ("FDA") and Commissioner Scott Gottlieb, M.D. ("Commissioner Gottlieb") (collectively referred to herein as the "Federal Defendants")' motion to dismiss Plaintiff South Mountain Creamery, LLC ("Plaintiff")'s claims against them pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction (Doc. No. 37), and in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT:
1. The Federal Defendants' motion to dismiss (Docs. No. 37) is GRANTED;
2. Plaintiff's claims against the Federal Defendants (Doc. No. 1) are DISMISSED WITHOUT PREJUDICE to Plaintiff's right to reassert those claims if circumstances change to render those claims justiciable;
3. The Clerk of Court is directed to TERMINATE Defendants FDA and Commissioner Gottlieb as defendants in the above-captioned action; and
4. Plaintiff is directed to show cause, within ten (10) days of the date of this Order, why the Court should not dismiss Plaintiff's claims against Defendant Russell C. Redding for lack of justiciability.
Source: Leagle
