IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,) Civil Action No. 1:10-CV-01327-RMC)Plaintiff,))v.))REGENERATIVE SCIENCES, LLC, et al.,))Defendants.)
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff, the United States of America, pursuant to Fed. R. Civ. P. 56 and LCivR 7(h),hereby moves for summary judgment in the above-captioned matter on the ground that there is nogenuine dispute as to any material fact and plaintiff is entitled to judgment as a matter of law. Insupport of this motion, plaintiff relies upon its Memorandum of Law in Support of SummaryJudgment, its supporting Declarations, and Plaintiff’s Statement of Material Facts, attached to thismotion.Wherefore, Plaintiff respectfully request that its motion be granted and summary judgment be entered in its favor.DATED this 7 day of January, 2011.
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Respectfully submitted,TONY WESTAssistant Attorney GeneralANN M. RAVELDeputy Assistant Attorney General
Case 1:10-cv-01327-RMC Document 19 Filed 01/07/11 Page 1 of 64
Of Counsel:MARK B. CHILDRESSActing General CounselRALPH S. TYLER Associate General CounselFood and Drug DivisionERIC M. BLUMBERGDeputy Chief Counsel, LitigationPAIGE H. TAYLOR Senior CounselFood and Drug Administration10903 New Hampshire AvenueSilver Spring, MD 20993-0002301-796-8720EUGENE M. THIROLFDirector /s/PERHAM GORJITrial AttorneyOffice of Consumer LitigationCivil DivisionU.S. Department of Justice450 Fifth Street, N.W.Washington, D.C. 20001Phone: 202-353-3881Fax: 202-514-8742Perham.Gorji@usdoj.gov2
Case 1:10-cv-01327-RMC Document 19 Filed 01/07/11 Page 2 of 64
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAUNITED STATES OF AMERICA,) Civil Action No. 1:10-CV-01327-RMC)Plaintiff,))v.))REGENERATIVE SCIENCES, LLC, et al.,))Defendants.)
MEMORANDUM OF LAW IN SUPPORT OFPLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Case 1:10-cv-01327-RMC Document 19 Filed 01/07/11 Page 3 of 64
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