Bio Gen LLC et al v. Arkansas, State of et al
| Bio Gen LLC, Drippers Vape Shop LLC, Cigarette Store LLC doing business as Smoker Friendly and Sky Marketing Corporation doing business as Hometown Hero |
| Arkansas, State of, Sarah Huckabee Sanders, John Timothy Griffin, Todd Murray, Sonia Fonticiella, Devon Holder, Matt Durrett, Jeff Phillips, Will Jones, Teresa Howell, Ben Hale, Connie Mitchell, Dan Turner, Jana Bradford, Frank Spain, Tim Blair, Kyle Hunter, Daniel Shue, Jeff Rogers, David Ethredge, Tom Tatum, II, Drew Smith, Rebecca Reed McCoy, Michelle C Lawrence, Debra Buschman, Tony Rogers, Nathan Smith, Carol Crews, Kevin Holmes, Chris Walton, Chuck Graham, Arkansas Department of Finance and Administration, Arkansas Tobacco Control Board, Arkansas Department of Agriculture, Arkansas State Plant Board, Jim Hudson, Greg Sled, Wes Ward and Matthew Marsh |
| 4:2023cv00718 |
| July 31, 2023 |
| US District Court for the Eastern District of Arkansas |
| Billy Roy Wilson |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 67 TRANSCRIPT of Hearing on Plaintiffs' Preliminary Restraining Order and Defendants' Motion to Dismiss held on 8/23/2023, before Judge Billy Roy Wilson. Court Reporter Valarie D. Flora. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 9/25/2023. Redaction Request due 10/10/2023. Redacted Transcript Deadline set for 10/19/2023. Release of Transcript Restriction set for 12/18/2023. (jbh) |
| Filing 66 NOTICE OF DOCKET CORRECTION re #65 Order. CORRECTION: The original document was attached to the docket in error (typographical error). The correct document was added as an attachment to #65 docket entry and is attached hereto for service/review by the parties.(cmn) |
Filing 65
ORDER: Plaintiffs' #2 Motion for Preliminary Injunction is granted. Defendants are hereby preliminarily enjoined until further order of this Court from enforcing Act 629. Defendants are directed to inform forthwith all the affected Arkansas state governmental entities of this injunction. Defendants' #38 Motion to Dismiss is denied. The case shall proceed to a bench trial set for 8/27/2024 at 9:30 a.m. Signed by Judge Billy Roy Wilson on 9/7/2023. (ldb) (Docket text modified on 9/8/2023 to correct typographical error.)(cmn) (Additional attachment(s) added on 9/8/2023: #1 Main Document - Correct) (cmn).
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| Filing 64 AFFIDAVIT of Adam Hargis by Arkansas, State of, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durrett, David Ethredge, Sonia Fonticiella, Chuck Graham, John Timothy Griffin, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Jim Hudson, Kyle Hunter, Will Jones, Michelle C Lawrence, Matthew Marsh, Rebecca Reed McCoy, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Sarah Huckabee Sanders, Daniel Shue, Greg Sled, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton, Wes Ward. (Attachments: #1 Exhibit Adam Hargis CV)(Broyles, Jordan) |
| Filing 63 Minute Entry for proceedings held before Judge Billy Roy Wilson: Motion Hearing held on 8/23/2023 re #2 Temporary Restraining Order and #38 Motion to Dismiss. After the testimony of witnesses and introduction of exhibits, the Court will take motions under advisement. Defendant will have until noon, 8/30/23, to file an affidavit regarding the testimony of Mark Krause. Pl: Abtin Mehdizadegan & Allison Scott; Dft: Jordan Broyles & Christine Cryer. (Court Reporter Valarie Flora.) (Attachments: #1 Witness and Exhibit List) (mmb) |
| Filing 62 NOTICE of Appearance by Christine Ann Cryer on behalf of Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durrett, David Ethredge, Sonia Fonticiella, Chuck Graham, John Timothy Griffin, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Jim Hudson, Kyle Hunter, Will Jones, Michelle C Lawrence, Matthew Marsh, Rebecca Reed McCoy, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Sarah Huckabee Sanders, Daniel Shue, Greg Sled, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton, Wes Ward (Cryer, Christine) |
| NOTICE OF DOCKET CORRECTION re #58 Response in Opposition to Motion. CORRECTION: The docket text was modified to correct the description of the document filed as "BRIEF on the Existence of a Private Right of Action filed by All Defendants" as marked on the document. (jak) |
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Filing 61
ORDER ALLOWING ELECTRONIC DEVICES. Attorneys Abtin Mehdizadegan, Joseph Stepina, and Allison Scott, and Plaintiffs' representatives, Curtis Chouteau, William Bill Morgan, Scout Stubbs, Ken Kramer, Mary Szarmach, and Mark Krause, and any other counsel and staff affiliated with this case are authorized to bring cell phones, laptop computers, digital cameras or personal digital assistants into the courthouse beginning Wednesday, August 23, 2023, and thereafter for a motion hearing. Signed by Judge Billy Roy Wilson on 8/22/23. (mmb)
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| Filing 60 MOTION for Order Plaintiff's Motion to Bring Electronic Devices into the Courtroom by All Plaintiffs (Mehdizadegan, Abtin) |
| Filing 59 BRIEF IN SUPPORT re #3 Brief in Support PLAINTIFFS SUPPLEMENTAL BRIEF filed by All Plaintiffs. (Mehdizadegan, Abtin) |
| Filing 58 BRIEF on the Existence of a Private Right of Action filed by All Defendants. (Broyles, Jordan) (Docket text modified on 8/23/2023 to correct the description of the document filed) (jak) |
| Filing 57 REPLY to Response to Motion re #38 Motion to Dismiss or Alternative Renewed Motion to Dismiss filed by John Timothy Griffin, Sarah Huckabee Sanders. (Broyles, Jordan) |
| Filing 56 ANSWER to #51 Amended Complaint by Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durrett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C Lawrence, Rebecca Reed McCoy, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton.(Broyles, Jordan) |
| Filing 55 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 10/25/2023. Rule 26(f) Report due by 11/8/2023. Bench Trial set for 8/27/2024 at 9:30 AM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. Entered at the direction of the Court on 8/17/23. (mmb) |
| Filing 54 NOTICE of Hearing on Motions #38 Motion to Dismiss and #2 Emergency MOTION for Temporary Restraining Order or Alternative Motion for Preliminary Injunction set for 8/23/2023 at 2:00 PM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. (mmb) |
| Filing 53 REPLY to Response to Motion re #38 Motion to Dismiss filed by All Plaintiffs. (Attachments: #1 Document Mojisola Adisa Thesis Abstract, #2 Document Declaration of Scout Stubbs)(Mehdizadegan, Abtin) |
| Filing 52 RESPONSE to Motion re #38 Motion to Dismiss Plaintiffs' Response to Defendants' Motion to Dismiss filed by All Plaintiffs. (Mehdizadegan, Abtin) |
| Filing 51 AMENDED COMPLAINT Amended Complaint for Declaratory and Injunctive Relief against All Defendants, filed by Bio Gen LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Mehdizadegan, Abtin) |
| Filing 50 Mail Returned Undeliverable as to Justin Swanson re #5 Deficiency Letter from Clerk of Court re #1 Complaint notifying party that a Corporate Disclosure Statement was not filed. (fjg) |
| Filing 49 Mail Returned Undeliverable as to Paul Vink re #5 Deficiency Letter from Clerk of Court re #1 Complaint notifying party that a Corporate Disclosure Statement was not filed. (fjg) |
| Filing 48 Mail Returned Undeliverable as to Justin Swanson re 7 Text Entry Only Order. (fjg) |
| Filing 47 Mail Returned Undeliverable as to Paul Vink re 7 Text Entry Only Order. (fjg) |
| Filing 46 SUMMONS Returned Executed by Bio Gen LLC. Jana Bradford served on 8/2/2023. (Mehdizadegan, Abtin) |
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Filing 45
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #39 Motion to Appear Pro Hac Vice; granting #40 Motion to Appear Pro Hac Vice. Accordingly, Paul Vink and Justin Swanson are admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 8/9/23. (mmb)
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Filing 44
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiffs are directed to respond to Defendants' motion to dismiss #38 by 5 p.m., Tuesday, August 15, 2023. Signed by Judge Billy Roy Wilson on 08/08/23. (dmm)
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| Filing 43 ADDENDUM to #38 MOTION to Dismiss and RESPONSE in Opposition re #2 Emergency MOTION for Temporary Restraining Order or Alternative Motion for Preliminary Injunction filed by all defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(ajj) |
| Filing 42 NOTICE of Appearance by Jordan Broyles on behalf of All Defendants (Broyles, Jordan) |
| Filing 41 SUMMONS Returned Executed by Bio Gen LLC. Devon Holder served on 8/1/2023. (Mehdizadegan, Abtin) |
| Filing 40 MOTION for Leave to Appear pro hac vice by Justin Swanson. Fee $100 receipt number AAREDC-4577089. Filed by All Plaintiffs (Attachments: #1 Exhibit)(Mehdizadegan, Abtin) |
| Filing 39 MOTION for Leave to Appear pro hac vice by Paul Vink. Fee $100 receipt number AAREDC-4577088. Filed by All Plaintiffs (Attachments: #1 Exhibit)(Mehdizadegan, Abtin) |
| Filing 38 MOTION to Dismiss and RESPONSE in Opposition re #2 Emergency MOTION for Temporary Restraining Order or Alternative Motion for Preliminary Injunction filed by All Defendants. (Broyles, Jordan) (Docket entry modified on 8/8/2023 to correct the filing event)(jak) |
| NOTICE OF DOCKET CORRECTION re #38 Motion to Dismiss and RESPONSE. CORRECTION: The docket text was modified to correct the description of the document filed as "MOTION to Dismiss and RESPONSE in Opposition re #2 Emergency MOTION for Temporary Restraining Order or Alternative Motion for Preliminary Injunction filed by All Defendants" as marked on the document. (jak) |
| Filing 37 SUMMONS Returned Executed by Bio Gen LLC. Chris Walton served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 36 SUMMONS Returned Executed by Bio Gen LLC. Kevin Holmes served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 35 SUMMONS Returned Executed by Bio Gen LLC. Tony Rogers served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 34 SUMMONS Returned Executed by Bio Gen LLC. Debra Buschman served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 33 SUMMONS Returned Executed by Bio Gen LLC. Frank Spain served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 32 SUMMONS Returned Executed by Bio Gen LLC. Jeff Phillips served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 31 SUMMONS Returned Executed by Bio Gen LLC. Kyle Hunter served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 30 SUMMONS Returned Executed by Bio Gen LLC. Chuck Graham served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 29 SUMMONS Returned Executed by Bio Gen LLC. Carol Crews served on 8/1/2023. (Mehdizadegan, Abtin) |
| Filing 28 SUMMONS Returned Executed by Bio Gen LLC. Nathan Smith served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 27 SUMMONS Returned Executed by Bio Gen LLC. Michelle C Lawrence served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 26 SUMMONS Returned Executed by Bio Gen LLC. Rebecca Reed McCoy served on 8/3/2023. (Mehdizadegan, Abtin) |
| Filing 25 SUMMONS Returned Executed by Bio Gen LLC. Drew Smith served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 24 SUMMONS Returned Executed by Bio Gen LLC. Tom Tatum, II served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 23 SUMMONS Returned Executed by Bio Gen LLC. David Ethredge served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 22 SUMMONS Returned Executed by Bio Gen LLC. Tim Blair served on 8/1/2023. (Mehdizadegan, Abtin) |
| Filing 21 SUMMONS Returned Executed by Bio Gen LLC. Dan Turner served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 20 SUMMONS Returned Executed by Bio Gen LLC. Connie Mitchell served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 19 SUMMONS Returned Executed by Bio Gen LLC. Ben Hale served on 8/1/2023. (Mehdizadegan, Abtin) |
| Filing 18 SUMMONS Returned Executed by Bio Gen LLC. Teresa Howell served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 17 SUMMONS Returned Executed by Bio Gen LLC. Will Jones served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 16 SUMMONS Returned Executed by Bio Gen LLC. Matt Durrett served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 15 SUMMONS Returned Executed by Bio Gen LLC. Sonia Fonticiella served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 14 SUMMONS Returned Executed by Bio Gen LLC. Todd Murray served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 13 AFFIDAVIT of Service , filed by Bio Gen LLC. Arkansas State Plant Board served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 12 SUMMONS Returned Executed by Bio Gen LLC. Arkansas Tobacco Control Board served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 11 AFFIDAVIT of Service , filed by Bio Gen LLC. Arkansas Department of Agriculture served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 10 SUMMONS Returned Executed by Bio Gen LLC. John Timothy Griffin served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 9 SUMMONS Returned Executed by Bio Gen LLC. Sarah Huckabee Sanders served on 8/2/2023. (Mehdizadegan, Abtin) |
| Filing 8 SUMMONS Returned Executed by Bio Gen LLC. Arkansas Department of Finance and Administration served on 8/1/2023. (Mehdizadegan, Abtin) |
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Defendants are directed to respond to Plaintiffs' Motion for Temporary Restraining Order #2 by noon, Tuesday, August 8, 2023. Signed by Judge Billy Roy Wilson on 08/01/23. (dmm)
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| Filing 6 Corporate Disclosure Statement (Rule 7.1) by Bio Gen LLC, Cigarette Store LLC, Drippers Vape Shop LLC, Sky Marketing Corporation (Mehdizadegan, Abtin) |
| Summons Issued to Sarah Huckabee Sanders, John Timothy Griffin, Todd Murray, Sonia Fonticiella, Devon Holder, Matt Durrett, Jeff Phillips, Will Jones, Teresa Howell, Ben Hale, Connie Mitchell, Dan Turner, Jana Bradford, Frank Spain, Tim Blair, Kyle Hunter, Daniel Shue, Jeff Rogers, David Ethredge, Tom Tatum II, Drew Smith, Rebecca Reed McCoy, Michelle C Lawrence, Debra Buschman, Tony Rogers, Nathan Smith, Carol Crews, Kevin Holmes, Chris Walton, Chuck Graham, Arkansas Department of Finance and Administration, Arkansas Tobacco Control Board, Arkansas Department of Agriculture, Arkansas State Plant Board and returned to counsel for service. (fjg) |
| Filing 5 Deficiency Letter from Clerk of Court re #1 Complaint notifying party that a Corporate Disclosure Statement was not filed with first appearance, pleading, petition, motion response, or other request (F.R.Cv.P. 7.1). (jbh) |
| Filing 4 CERTIFICATE OF SERVICE by Bio Gen LLC, Cigarette Store LLC, Drippers Vape Shop LLC, Sky Marketing Corporation re #2 Emergency MOTION for Temporary Restraining Order or Alternative Motion for Preliminary Injunction, #3 Brief in Support, #1 Complaint, (Mehdizadegan, Abtin) |
| Filing 3 BRIEF IN SUPPORT re #2 Motion for TRO,, filed by All Plaintiffs. (Mehdizadegan, Abtin) |
| Filing 2 Emergency MOTION for Temporary Restraining Order or Alternative Motion for Preliminary Injunction by All Plaintiffs (Attachments: #1 Exhibit Arkansas Tobacco Control Board Advisory Regarding Act 629, #2 Exhibit February 28, 2022 Order - Kentucky Hemp Association v. Quarles, #3 Exhibit November 8, 2021 Order - Sky Marketing Corp. v. Texas, #4 Affidavit Declaration of Cynthia Cabrera (Sky Marketing Corporation), #5 Affidavit Declaration of William Morgan (Bio Gen, LLC), #6 Affidavit Declaration of Scout Stubbs (Drippers Vape Shop, LLC), #7 Affidavit Declaration of Mary Szarmach (The Cigarette Store LLC), #8 Exhibit Correspondence with Solicitor General of Arkansas Dated July 31, 2023)(Mehdizadegan, Abtin) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Drippers Vape Shop LLC, Bio Gen LLC, Sky Marketing Corporation, and Cigarette Store LLC. No summons issued. (Fee of $402 paid. Receipt Number LIT3034.) (Attachments: #1 Civil Cover Sheet) (jbh) (Docket text modified on 8/1/2023 to correct a typographical error) (jak) |
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