Yesterday, May 9th, the Judge in the FDA’s case against US Stem Cell and Kristin Comella entered an order changing the pre-trial conference date from May 17th until June 10th. The trial has been pushed back from June 10th until June 24th.
Why: The obvious reason is that she hasn’t finished her decision on the parties’ cross motions for summary judgment, and there’s no point having a pre-trial conference with summary judgment motions pending. So, she’s giving herself another couple weeks to finish. The defense could read into this that at least she’s not going to copy the FDA’s position in toto. But probably more likely, she understands that this case is going up on appeal, either way, so she wants to make sure she gets it right, because it’s a big deal.
Rick Jaffe, Esq.