Center for Food Safety v. Hamburg, No. C 12-4529 PJH, 2013 U.S. Dist. LEXIS 57409 (N.D. Cal. Apr. 22,2013)

(cross motions for summary judgment in declaratory and injunctive action regarding failure of FDA to promulgate final regulations by mandatory deadlines contained in Food Safety and Modernization Act of 2010 ("FSMA"); court held because FMSA includes specific deadlines, FDA admittedly failed to comply with mandatory rulemaking schedule, a failure to comply with deadlines constitutes a "failure to act" under Administrative Procedure Act and where Congress has specifically provided a deadline for performance by an agency, "no balancing of factors is required or permitted", so declaratory relief is proper; in order to ensure the issuance of regulations that have been sufficiently considered and  magnitude of task, court ordered parties to prepare joint written statement by mid-May setting forth proposed deadlines in detail sufficient to form basis of injunction; plaintiff’s motion granted).