Wages and White Lion Invest v. FDA
| Wages and White Lion Investments, L.L.C., doing business as Triton Distribution |
| Food & Drug Administration |
| American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes, Truth Initiative Foundation, doing business as Truth Initiative, Americian Vaping Association, Incorporated, American Vapor Manufacturers Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated, United Vapers Alliance, Incorporated, David B. Abrams, Clive D. Bates, David T. Sweanor, J.D., 38 National and State ENDS Product Advocacy Associations, Vapor Technology Association, American Academy of Family Physicians, American Medical Association and Louisiana State Medical Society |
| R.J. Reynolds Vapor Company |
| 21-60766 |
| October 5, 2021 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Opinions
We have the following opinions for this case:
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 348
RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 346 ] Date of Service: 10/25/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 10/25/2023 11:53 AM]
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Filing 346
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 10/19/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 10/19/2023 03:41 PM]
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Filing 344
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 10/11/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 10/11/2023 04:22 PM]
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Filing 340
RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 338 ] Date of Service: 07/12/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 07/12/2023 11:12 AM]
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Filing 338
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 07/07/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 07/07/2023 02:40 PM]
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Filing 336
RESPONSE filed to the 28j Letter filed by Respondent FDA on June 16, 2023, in 21-60766, 21-60800 [ # 334 ] Date of Service: 06/20/2023 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 334 ] Date of Service: 06/20/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 06/20/2023 04:21 PM]
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Filing 334
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED Date of Service: 06/16/2023 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Respondent FDA in 21-60766 notifying Court of the decision in Magellan Technology, Inc. v. FDA, No. 21-2426 (2d Cir. June 16, 2023). Date of Service: 06/16/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 06/16/2023 02:56 PM]
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Filing 332
RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 325 ] Date of Service: 06/06/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 06/06/2023 03:13 PM]
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Filing 330
RESPONSE filed by Respondent FDA in 21-60766 to the filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [ # 328 ] Date of Service: 06/05/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 06/05/2023 03:48 PM]
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Filing 328
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 Date of Service: 06/02/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 06/02/2023 03:24 PM]
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Filing 326
EN BANCE ORAL ARGUMENT HEARD before Judges Richman, Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas. Arguing Person Information Updated for: Eric Heyer arguing for Petitioner L.L.C. Vapetasia; Arguing Person Information Updated for: Eric Heyer arguing for Petitioner L.L.C. Wages and White Lion Investments; Arguing Person Information Updated for: Lindsey E. Powell arguing for Respondent Food & Drug Administration [21-60766, 21-60800] (SME) [Entered: 05/16/2023 09:06 AM]
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Filing 325
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 05/15/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Fraser, Heyer, Hornbach, Smith [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 05/15/2023 09:07 PM]
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Filing 323
APPEARANCE FORM FILED by Attorney(s) James Christopher Fraser for party(s) Petitioner Wages and White Lion Investments, L.L.C., in case 21-60800 Attorney(s) James Christopher Fraser for party(s) Petitioner Wages and White Lion Investments, L.L.C., in case 21-60766 [21-60766, 21-60800] (MAS) [Entered: 05/15/2023 05:47 PM]
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Filing 321
LETTER filed [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed referencing Letter filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [321]. erroneous webpage citation on page 8 of Petitioners' En Banc Brief. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to correct erroneous webpage citation on page 8 of Petitioners' En Banc Brief. Date of Service: 05/15/2023 via email - Attorney for Amici Curiae: Abboud, Anderson, Bielaska, Capps, Francisco, Lewis, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 05/15/2023 03:51 PM]
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Filing 320
APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766, 21-60800] (James Christopher Fraser ) [Entered: 05/12/2023 09:32 AM]
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Filing 318
Paper copies of Supplemental Reply Brief filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 23. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (CBW) [Entered: 04/24/2023 12:18 PM]
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Filing 317
ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Eric Heyer for Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Attorney Mr. Eric Heyer for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [21-60766, 21-60800] (Eric Heyer ) [Entered: 04/20/2023 09:43 AM]
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Filing 315
PAPER COPIES REQUESTED for the Supplemental Reply Brief filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [ # 314 ]. Paper Copies of Brief due on 04/20/2023 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] (MAS) [Entered: 04/17/2023 08:27 AM]
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Filing 314
SUPPLEMENTAL REPLY BRIEF FILED Date of service: 04/14/2023 # of Copies Provided: 0 Supplemental Reply Brief deadline satisfied. Paper Copies of Brief due on 04/20/2023 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL REPLY BRIEF FILED by Wages and White Lion Investments, L.L.C. in 21-60766, Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 Date of service: 04/14/2023 [21-60766, 21-60800] (Eric Heyer ) [Entered: 04/14/2023 11:52 PM]
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Filing 312
Paper copies of Amicus Brief filed by Amici Curiae American Heart Association, American Medical Association, Louisiana State Medical Society, Campaign for Tobacco-Free Kids, American Lung Association, American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society Cancer Action Network, Parents Against Vaping e-cigarettes and Truth Initiative Foundation in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 23. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (KMP) [Entered: 04/11/2023 10:34 AM]
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Filing 311
ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Lindsey E. Powell, Esq. for Respondent FDA in 21-60766 [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 04/11/2023 08:24 AM]
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Filing 309
Paper copies of Appellee Supplement Brief filed by Respondent FDA in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 22. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (CBW) [Entered: 04/06/2023 10:38 AM]
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Filing 308
APPEARANCE FORM FILED by Attorney Scott P. Lewis for Amicus Curiae Louisiana State Medical Society in 21-60766, Attorney Scott P. Lewis for Amicus Curiae American Medical Association in 21-60766, Attorney Scott P. Lewis for Amicus Curiae American Academy of Family Physicians in 21-60766, Attorney Scott P. Lewis for Amicus Curiae American Academy of Pediatrics in 21-60800, Attorney Scott P. Lewis for Amicus Curiae Campaign for Tobacco-Free Kids in 21-60800, Attorney Scott P. Lewis for Amicus Curiae Parents Against Vaping e-cigarettes in 21-60800, Attorney Scott P. Lewis for Amicus Curiae Truth Initiative Foundation in 21-60800, Attorney Scott P. Lewis for Amicus Curiae American Lung Association in 21-60800, Attorney Scott P. Lewis for Amicus Curiae American Heart Association in 21-60800, Attorney Scott P. Lewis for Amicus Curiae American Cancer Society Cancer Action Network in 21-60800, by Attorney(s) Scott P. Lewis for party(s) Amicus Curiae American Lung Association Amicus Curiae Parents Against Vaping e-cigarettes Amicus Curiae American Heart Association Amicus Curiae Louisiana State Medical Society Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae American Academy of Pediatrics Amicus Curiae Truth Initiative Foundation Amicus Curiae American Academy of Family Physicians Amicus Curiae American Medical Association Amicus Curiae American Cancer Society Cancer Action Network, in case 21-60800 Attorney(s) Scott P. Lewis for party(s) Amicus Curiae American Lung Association Amicus Curiae Parents Against Vaping e-cigarettes Amicus Curiae American Heart Association Amicus Curiae Louisiana State Medical Society Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae American Academy of Pediatrics Amicus Curiae Truth Initiative Foundation Amicus Curiae American Academy of Family Physicians Amicus Curiae American Medical Association Amicus Curiae American Cancer Society Cancer Action Network, in case 21-60766 [21-60766, 21-60800] (MAS) [Entered: 04/04/2023 04:13 PM]
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Filing 306
APPEARANCE FORM FILED by Attorney(s) Austin Paganelli Anderson for party(s) Amicus Curiae American Lung Association Amicus Curiae Parents Against Vaping e-cigarettes Amicus Curiae American Heart Association Amicus Curiae Louisiana State Medical Society Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae American Academy of Pediatrics Amicus Curiae Truth Initiative Foundation Amicus Curiae American Academy of Family Physicians Amicus Curiae American Medical Association Amicus Curiae American Cancer Society Cancer Action Network, in case 21-60800 Attorney(s) Austin Paganelli Anderson for party(s) Amicus Curiae American Lung Association Amicus Curiae Parents Against Vaping e-cigarettes Amicus Curiae American Heart Association Amicus Curiae Louisiana State Medical Society Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae American Academy of Pediatrics Amicus Curiae Truth Initiative Foundation Amicus Curiae American Academy of Family Physicians Amicus Curiae American Medical Association Amicus Curiae American Cancer Society Cancer Action Network, in case 21-60766 [21-60766, 21-60800] (MAS) [Entered: 04/04/2023 03:58 PM]
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Filing 305
AMICUS CURIAE BRIEF FILED by American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, American Medical Association, Campaign for Tobacco-Free Kids, Louisiana State Medical Society, Parents Against Vaping e-cigarettes and Truth Initiative Foundation in 21-60766, 21-60800. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 Paper Copies of Brief due on 04/10/2023 for Amici Curiae American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, American Medical Association, Campaign for Tobacco-Free Kids, Louisiana State Medical Society, Parents Against Vaping e-cigarettes and Truth Initiative Foundation. [21-60766, 21-60800] (MAS) [Entered: 04/04/2023 03:24 PM]
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Filing 304
COURT ORDER granting Motion to file amicus brief filed by Amici Curiae American Heart Association, Campaign for Tobacco-Free Kids, American Lung Association, American Academy of Pediatrics, American Cancer Society Cancer Action Network, Parents Against Vaping e-cigarettes, Truth Initiative Foundation and American Medical Association, Louisiana State Medical Society and American Academy of Family Physicians, American Medical Association, Louisiana State Medical Society and American Academy of Family Physicians [ # 299 ] filed by American Academy of Family Physicians, American Medical Association and Louisiana State Medical Society in 21-60766 and American Medical Association, American Academy of Family Physicians and Louisiana State Medical Society in 21-60800 [21-60766, 21-60800] (MAS) [Entered: 04/04/2023 01:35 PM]
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Filing 299
UNOPPOSED MOTION by Amicus Curiae American Academy of Pediatrics in 21-60800 to file amicus brief [299] [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Amici Curiae American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Truth Initiative Foundation, Parents Against Vaping e-cigarettes and Campaign for Tobacco-Free Kids in 21-60800 to file amicus brief [299] [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Not Parties American Academy of Family Physicians, American Medical Association and Louisiana State Medical Society, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes and Truth Initiative Foundation in 21-60766 and Not Parties American Academy of Family Physicians, American Medical Association and Louisiana State Medical Society in 21-60800 to file amicus brief [299] Date of Service: 04/03/2023 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, et al. to file amicus brief [299] Date of service: 04/03/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Francisco, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Austin Paganelli Anderson ) [Entered: 04/03/2023 03:04 PM]
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Filing 298
DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the amicus brief received from Amici Curiae American Academy of Family Physicians, American Medical Association, Louisiana State Medical Society, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes and Truth Initiative Foundation and appearance forms from Scott Lewis and Austin Anderson in 21-60766 because leave of court is required and forms for appearance of counsel are premature. [21-60766, 21-60800] (CAG) [Entered: 04/03/2023 10:05 AM]
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Filing 297
Attorney Scott P. Lewis is advised to resubmit an appearance form. Reason: The submitted appearance form does not match the registered attorney. [21-60766, 21-60800] (BF) [Entered: 03/31/2023 01:00 PM]
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Filing 295
CASE CALENDARED for En Banc rehearing on Tuesday, 05/16/2023 in New Orleans at 9:00 a.m. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars. [21-60766, 21-60800] (SME) [Entered: 03/31/2023 12:51 PM]
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Filing 291
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (Austin Paganelli Anderson ) [Entered: 03/31/2023 10:28 AM]
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Filing 290
EXTENSION RECEIVED for Respondent FDA in 21-60766. Extension Granted to and including 04/03/2023. Paper Copies of Brief due on 04/03/2023 for Respondent Food & Drug Administration. [21-60766, 21-60800] (SEP) [Entered: 03/31/2023 09:09 AM]
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Filing 288
RESPONDENT'S SUPPLEMENTAL BRIEF FILED. E/Res's Supplemental Brief deadline satisfied. Supplemental Reply Brief due on 04/14/2023 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. Paper Copies of Brief due on 03/29/2023 for Respondent Food & Drug Administration. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED by FDA in 21-60766 Date of service: 03/24/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Francisco, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 03/24/2023 02:14 PM]
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Filing 286
Paper copies of Amicus Brief filed by Amicus Curiae R.J. Reynolds Vapor Company in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 22. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (CBW) [Entered: 03/23/2023 02:58 PM]
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Filing 280
APPEARANCE FORM FILED by Attorney J. Gregory Troutman for Amicus Curiae 38 National and State ENDS Product Advocacy Associations in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 03/09/2023 11:02 AM]
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Filing 279
APPEARANCE FORM received from Mr. J. Gregory Troutman for 38 National and State ENDS Product Advocacy Associations, American Vapor Manufacturers Association, Incorporated, Americian Vaping Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated in 21-60766, Mr. J. Gregory Troutman for Americian Vaping Association, Incorporated, American Vapor Manufacturers Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated, United Vapers Alliance, Incorporated and 38 National and State ENDS Product Advocacy Associations in 21-60800 for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 03/07/2023 11:56 AM]
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Filing 277
APPEARANCE FORM FILED by Attorney Noel John Francisco for Amicus Curiae R.J. Reynolds Vapor Company in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 03/06/2023 09:13 AM]
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Filing 276
AMICUS CURIAE BRIEF FILED by R.J. Reynolds Vapor Company in 21-60766, 21-60800. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 Paper Copies of Brief due on 03/13/2023 for Amicus Curiae R.J. Reynolds Vapor Company. [21-60766, 21-60800] (MAS) [Entered: 03/06/2023 09:07 AM]
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Filing 275
AMICUS CURIAE BRIEF FILED by 38 National and State ENDS Product Advocacy Associations in 21-60766, 21-60800. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 Sufficient Brief deadline satisfied. Paper Copies of Brief due on 03/13/2023 for Amicus Curiae 38 National and State ENDS Product Advocacy Associations. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by 38 National and State ENDS Product Advocacy Associations in 21-60766, 21-60800. Consent is Not Necessary as a Motion has been Granted. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 03/20/2023 for Amicus Curiae 38 National and State ENDS Product Advocacy Associations. [21-60766, 21-60800] (MAS) [Entered: 03/06/2023 09:01 AM]
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Filing 273
COURT ORDER granting Motion to file amicus brief filed by R.J. Reynolds Vapor Company [ # 259 ] filed by R.J. Reynolds Vapor Company in 21-60766 and R.J. Reynolds Vapor Company in 21-60800 [21-60766, 21-60800] (MAS) [Entered: 03/06/2023 08:32 AM]
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Filing 272
COURT ORDER granting Motion to file amicus brief filed by Amicus Curiae 38 National and State ENDS Product Advocacy Associations [ # 254 ] [21-60766, 21-60800] (MAS) [Entered: 03/06/2023 08:24 AM]
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Filing 259
UNOPPOSED MOTION by Not Party R.J. Reynolds Vapor Company in 21-60766 and Not Party R.J. Reynolds Vapor Company in 21-60800 to file amicus brief [259] Date of Service: 03/01/2023 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by R.J. Reynolds Vapor Company to file amicus brief [259] Date of service: 03/01/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell, Raza, Vicente; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Noel John Francisco ) [Entered: 03/01/2023 04:08 PM]
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Filing 258
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (Noel John Francisco ) [Entered: 03/01/2023 04:04 PM]
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Filing 254
UNOPPOSED MOTION to file amicus brief by 38 National and State Electronic Nicotine Delivery System Product Advocacy Associations [254] Date of Service: 02/27/2023 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by 38 National and State Electronic Nicotine Delivery System Product Advocacy Associations to file amicus brief [254] Date of service: 02/27/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 02/27/2023 10:02 AM]
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Filing 252
APPELLANT'S SUPPLEMENTAL BRIEF FILED. # of Copies Provided: 0 A/Pet's Supplemental Brief deadline satisfied. Paper Copies of Brief due on 02/28/2023 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S SUPPLEMENTAL BRIEF FILED by Wages and White Lion Investments, L.L.C. in 21-60766, Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800. Date of service: 02/22/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 02/22/2023 08:40 PM]
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Filing 249
AN ADDITIONAL 22 COPIES OF RECORD EXCERPTS FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60800. Miscellaneous deadline satisfied [21-60766, 21-60800] (CBW) [Entered: 02/13/2023 02:46 PM]
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Filing 246
AN ADDITIONAL 22 COPIES OF PETITIONERS REPLY BRIEF FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, 21-60800. [21-60766, 21-60800] (NFD) [Entered: 01/27/2023 09:31 AM]
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Filing 245
AN ADDITIONAL 22 COPIES OF PETITIONERS BRIEF FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, 21-60800. [21-60766, 21-60800] (NFD) [Entered: 01/27/2023 09:23 AM]
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Filing 243
LETTER filed (corrected hyperlinks) [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 Regarding Corrected Internet Hyperlinks in Petitioners' Brief. Date of Service: 01/26/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 01/26/2023 11:55 AM]
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Filing 240
Paper copies of Record Excerpts filed by Respondent FDA in 21-60800, 21-60766 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 22. [21-60800, 21-60766] (RLL) [Entered: 01/24/2023 08:25 AM]
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Filing 239
Paper copies of Appellee Brief filed by Respondent FDA in 21-60800, 21-60766 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 22. [21-60800, 21-60766] (RLL) [Entered: 01/24/2023 08:23 AM]
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Filing 235
CASE TENTATIVELY calendared for EN BANC oral argument for the week of 05/15/2023. [21-60766, 21-60800] (CBW) [Entered: 01/19/2023 03:45 PM]
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Filing 231
OPINION VACATED. The panel opinion in this case dated 07/18/2022 is vacated in accordance with 5th Cir. R. 41.3. [21-60766, 21-60800] (PAC) [Entered: 01/19/2023 02:47 PM]
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Filing 229
COURT ORDER granting Petition for rehearing en banc filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [ # 155 ] A/Pet Supplemental Brief due on 02/22/2023 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C... E/Res Supplemental Brief due on 03/24/2023 for Respondent Food & Drug Administration. 22 copies of mertis briefs and record excerpts due on 01/30/2023 for Respondent Food & Drug Administration and Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.; reopening case [229] [21-60766, 21-60800] (PAC) [Entered: 01/19/2023 01:44 PM]
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Filing 227
RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 211 ] Date of Service: 01/13/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 01/13/2023 03:20 PM]
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Filing 225
RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 217 ] Date of Service: 01/13/2023 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 01/13/2023 07:34 AM]
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Filing 223
REPLY filed by [223] to the Response/Opposition filed by Respondent FDA in 21-60766, 21-60800 [ # 221 ]. Date of Service: 12/27/2022. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800 [223] to the filed by Respondent FDA in 21-60766 [ # 221 ], to the for judicial notice filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [ # 219 ]. Date of Service: 12/27/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Eric Heyer ) [Entered: 12/27/2022 11:56 PM]
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RESPONSE/OPPOSITION filed by FDA in 21-60766 [10006336-1] to the for judicial notice filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [ # 10004019-2 ] Date of Service: 12/20/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 12/20/2022 09:28 AM]
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MOTION for judicial notice of two FDA's Internal Memoranda dated October 25, 2022 [10004019-2]. Date of service: 12/15/2022 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 for judicial notice [10004019-2]. Date of service: 12/15/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 12/15/2022 02:02 PM]
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SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED. Date of Service: 12/12/2022. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 12/12/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 12/12/2022 04:40 PM]
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REPLY filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [9976380-1] to the filed by Respondent FDA in 21-60766 [ # 9972290-2 ], to the for judicial notice filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [ # 9970830-2 ]. Date of Service: 11/03/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Eric Heyer ) [Entered: 11/03/2022 04:47 PM]
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SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED. Date of Service: 10/28/2022. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 10/28/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 10/28/2022 09:37 AM]
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RESPONSE/OPPOSITION filed by FDA in 21-60766 [9972290-1] to the filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [ # 9970830-2 ] Date of Service: 10/28/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 10/28/2022 05:43 PM]
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MOTION for judicial notice [9970830-2]. Date of service: 10/27/2022 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 for judicial notice [9970830-2]. Date of service: 10/27/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 10/27/2022 12:42 PM]
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REPLY filed by Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800 [9958863-1] to the Response/Opposition filed by Respondent FDA in 21-60766, 21-60800 [ # 9951181-2 ]. Date of Service: 10/11/2022. [21-60766, 21-60800] (MAS) [Entered: 10/11/2022 03:50 PM]
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COURT ORDER granting Motion for leave to file a reply filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [ # 9957510-2 ] [21-60766, 21-60800] (MAS) [Entered: 10/11/2022 03:41 PM]
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UNOPPOSED MOTION filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 for leave to file a reply [9957510-2] to the filed by Respondent FDA in 21-60766 [ # 9951181-2 ]. Date of service: 10/07/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 10/07/2022 07:37 PM]
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RESPONSE/OPPOSITION [9951181-1] to the Update/term response deadline [9934627-2], Court Order Court directive requesting a response [ # 9932487-2 ], Petition for rehearing en banc filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [ # 9930484-2 ]Response/Opposition deadline satisfied.Response/Opposition deadline satisfied. Date of Service: 09/30/2022. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by FDA in 21-60766 [9951181-1] to the for rehearing en banc filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 [ # 9930484-2 ] Date of Service: 09/30/2022 via email - Attorney for Amici Curiae: Abboud, Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 09/30/2022 12:01 PM]
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APPEARANCE FORM FILED by Attorney Anthony Abboud for Amicus Curiae Vapor Technology Association in 21-60766 Sufficient Brief deadline satisfied [21-60766, 21-60800] (MAS) [Entered: 09/27/2022 03:54 PM]
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APPEARANCE FORM received from Mr. Anthony Abboud for Vapor Technology Association in 21-60766, 21-60800 for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (Anthony Abboud ) [Entered: 09/23/2022 05:56 PM]
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COURT ORDER denying Petition for rehearing filed by Petitioners Wages and White Lion Investments, L.L.C., and Vapetasia, L.L.C. [ # 9931088-2 ]. The petition for rehearing en banc remains pending. [21-60766, 21-60800] (DLJ) [Entered: 09/20/2022 01:55 PM]
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CASE CAPTION updated. Involvement terminated for Amicus Curiae 38 National and State ENDS Product Advocacy Associations in 21-60766 and Amicus Curiae 38 National and State ENDS Product Advocacy Associations in 21-60800. Reason: Duplicate. [21-60766, 21-60800] (MAS) [Entered: 09/09/2022 01:59 PM]
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AMICUS CURIAE BRIEF FILED by Vapor Technology Association in 21-60766. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 Sufficient Brief due on 09/23/2022 for Amicus Curiae Vapor Technology Association. [21-60766, 21-60800] (MAS) [Entered: 09/09/2022 12:45 PM]
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COURT ORDER granting Motion to file amicus brief filed by Vapor Technology Association [ # 9935738-2 ] filed by Vapor Technology Association in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 09/09/2022 12:33 PM]
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DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Amicus Brief received from Amici Curiae 38 National and State ENDS Product Advocacy Associations and 38 National and State ENDS Product Advocacy Associations in 21-60766 because the incorrect event was used when filing, you must file by selecting from the Briefs category the event, Proposed Sufficient Brief, via the electronic filing system. [21-60766, 21-60800] (MAS) [Entered: 09/08/2022 04:44 PM]
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Attorney Mr. J. Gregory Troutman for Amici Curiae Americian Vaping Association, Incorporated, American Vapor Manufacturers Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated, United Vapers Alliance, Incorporated and 38 National and State ENDS Product Advocacy Associations in 21-60766 is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form (specifically question B-3). [21-60766, 21-60800] (LBM) [Entered: 09/08/2022 01:45 PM]
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APPEARANCE FORM received from Mr. J. Gregory Troutman for 38 National and State ENDS Product Advocacy Associations, 38 National and State ENDS Product Advocacy Associations, American Vapor Manufacturers Association, Incorporated, Americian Vaping Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated in 21-60766, Mr. J. Gregory Troutman for 38 National and State ENDS Product Advocacy Associations and 38 National and State ENDS Product Advocacy Associations, Americian Vaping Association, Incorporated, American Vapor Manufacturers Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated in 21-60800 for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 09/08/2022 02:15 PM]
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APPEARANCE FORM received from Mr. J. Gregory Troutman for 38 National and State ENDS Product Advocacy Associations, 38 National and State ENDS Product Advocacy Associations, American Vapor Manufacturers Association, Incorporated, Americian Vaping Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated in 21-60766, Mr. J. Gregory Troutman for 38 National and State ENDS Product Advocacy Associations and 38 National and State ENDS Product Advocacy Associations, Americian Vaping Association, Incorporated, American Vapor Manufacturers Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated in 21-60800 for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 09/08/2022 10:37 AM]
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APPEARANCE FORM FILED by Attorney J. Gregory Troutman for Amicus Curiae 38 National and State ENDS Product Advocacy Associations in 21-60766, Attorney J. Gregory Troutman for Amicus Curiae 38 National and State ENDS Product Advocacy Associations in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 09/08/2022 04:53 PM]
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PROPOSED SUFFICIENT BRIEF filed by Amici Curiae 38 National and State ENDS Product Advocacy Associations and 38 National and State ENDS Product Advocacy Associations in 21-60766, Not Party 38 National and State ENDS Product Advocacy Associations and Amicus Curiae 38 National and State ENDS Product Advocacy Associations in 21-60800 [ # 9934562-2 ] Date of service: 09/08/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 09/08/2022 09:30 PM]
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UNOPPOSED MOTION by Not Party Vapor Technology Association in 21-60766 and Not Party Vapor Technology Association in 21-60800 to file amicus brief [9935738-2] [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Vapor Technology Association as Amicus Curaie to file amicus brief [9935738-2] Date of service: 09/08/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Tony Abboud ) [Entered: 09/08/2022 11:32 PM]
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COURT ORDER granting Motion to extend time to file a response filed by Respondent FDA Response deadline updated to 09/30/2022 for Respondent Food & Drug Administration [ # 9934174-2 ] [21-60766, 21-60800] (MAS) [Entered: 09/07/2022 03:55 PM]
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COURT ORDER granting Motion to file amicus brief filed by 38 National and State ENDS Product Advocacy Associations [ # 9934069-2 ] filed by 38 National and State ENDS Product Advocacy Associations in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 09/07/2022 03:30 PM]
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RESPONSE DUE to Court Order Court directive requesting a response [ # 9932487-2 ]Response/Opposition deadline updated to 09/30/2022 [21-60766, 21-60800] (MAS) [Entered: 09/07/2022 04:06 PM]
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AMICUS CURIAE BRIEF FILED by 38 National and State ENDS Product Advocacy Associations in 21-60766, 21-60800. Consent is Not Necessary as a Motion has been Granted. Additionally the Brief requires Corrections: the brief is required to be in PDF, not scanned. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 09/21/2022 for Amicus Curiae 38 National and State ENDS Product Advocacy Associations. [21-60766, 21-60800] (MAS) [Entered: 09/07/2022 03:44 PM]
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DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Amicus Brief because a Motion is required with the unfiled amicus brief attached. [21-60766, 21-60800] (MAS) [Entered: 09/07/2022 01:26 PM]
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UNOPPOSED MOTION to extend the time to file a response to the Petition for rehearing [ # 9931088-2 ] filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 , Petition for rehearing en banc [ # 9930484-2 ] filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 until 09/30/2022 [9934174-2]. Date of service: 09/07/2022 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondent FDA in 21-60766 to extend the time to file a response to the [ # 9930484-2 ] filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800, [ # 9931088-2 ] filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 until 09/30/2022 [9934174-2]. Date of service: 09/07/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Lindsey E. Powell ) [Entered: 09/07/2022 12:59 PM]
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UNOPPOSED MOTION by Not Party 38 National and State ENDS Product Advocacy Associations in 21-60766 and Not Party 38 National and State ENDS Product Advocacy Associations in 21-60800 to file amicus brief [9934069-2] [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by 38 National and State ENDS Product Advocacy Associations to file amicus brief [9934069-2] Date of service: 09/07/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 09/07/2022 12:07 PM]
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COURT DIRECTIVE ISSUED requesting a response to the Petition for rehearing filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [ # 9931088-2 ], Petition for rehearing en banc filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [ # 9930484-2 ] Response/Opposition due on 09/16/2022. [21-60766, 21-60800] (MAS) [Entered: 09/06/2022 07:44 AM]
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PETITION for rehearing [9931088-2]. Number of Copies: 0 (PAPER COPIES NOT REQUESTED AT THIS TIME). Mandate issue date canceled. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 for rehearing [9931088-2]. Date of Service: 09/01/2022, via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Eric Heyer ) [Entered: 09/01/2022 11:00 PM]
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PETITION for rehearing en banc [9930484-2]. Number of Copies: 0 (PAPER COPIES NOT REQUESTED AT THIS TIME). [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 for rehearing en banc [9930484-2]. Date of Service: 09/01/2022, via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith. [21-60766, 21-60800] (Eric Heyer ) [Entered: 09/01/2022 01:27 PM]
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PUBLISHED OPINION FILED. [21-60766 Denied 21-60800 Denied ] Judge: EHJ , Judge: CH , Judge: GJC. Mandate issue date is 09/09/2022 [21-60766, 21-60800] (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) (NFD) [Entered: 07/18/2022 12:53 PM]
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JUDGMENT ENTERED AND FILED. Costs Taxed Against: Petitioners. [21-60800] (NFD) [Entered: 07/18/2022 01:13 PM]
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JUDGMENT ENTERED AND FILED. Costs Taxed Against: Petitioner. [21-60766] (NFD) [Entered: 07/18/2022 01:02 PM]
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RESPONSE filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800 to the filed by Respondent FDA in 21-60766 [ # 9817500-2 ] Date of Service: 04/18/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 04/18/2022 10:30 AM]
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SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent FDA in 21-60766 Date of Service: 04/06/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 04/06/2022 04:07 PM]
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SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 Date of Service: 02/07/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 02/07/2022 10:11 AM]
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ORAL ARGUMENT HEARD before Judges Jones, Haynes, Costa. Arguing Person Information Updated for: Eric Heyer arguing for Petitioner L.L.C. Vapetasia; Arguing Person Information Updated for: Eric Heyer arguing for Petitioner L.L.C. Wages and White Lion Investments; Arguing Person Information Updated for: Noah T. Katzen arguing for Respondent Food & Drug Administration [21-60766, 21-60800] (SME) [Entered: 01/31/2022 12:14 PM]
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LETTER OF ADVISEMENT. Reason: updated caption [21-60766, 21-60800] (MAS) [Entered: 01/28/2022 04:55 PM]
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LETTER filed referencing Letter filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [9764965-2]. Letter providing corrected hyperlinks to authorities cited in Petitioners' brief. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800 Letter providing corrected hyperlinks to authorities cited in Petitioners' Brief.. Date of Service: 01/27/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 01/27/2022 04:32 PM]
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Paper copies of Appellant Reply Brief filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800, 21-60766 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-60800, 21-60766] (CAS) [Entered: 01/19/2022 04:13 PM]
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Paper copies of Appendix VOL 1 &2 filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800, 21-60766 received. Paper copies match electronic version of document? Yes # of Copies Provided: 1. Paper Copies of Appendix due deadline satisfied. [21-60800, 21-60766] (CAS) [Entered: 01/19/2022 03:52 PM]
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APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied. Paper Copies of Brief due on 01/21/2022 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Wages and White Lion Investments, L.L.C. in 21-60766, Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800. Date of service: 01/14/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 01/14/2022 07:57 PM]
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APPENDIX FILED. Paper Copies of Appendix due on 01/21/2022 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800 Date of Service: 01/14/2022 via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach, Smith [21-60766, 21-60800] (Eric Heyer ) [Entered: 01/14/2022 03:55 PM]
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APPEARANCE FORM FILED by Attorney(s) Joseph Andrew Smith for party(s) Petitioner Wages and White Lion Investments, L.L.C., in case 21-60800 Attorney(s) Joseph Andrew Smith for party(s) Petitioner Wages and White Lion Investments, L.L.C., in case 21-60766 [21-60766, 21-60800] (MAS) [Entered: 01/06/2022 02:27 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766] (Joseph Andrew Smith ) [Entered: 01/05/2022 02:28 PM]
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The oral argument has been moved from New Orleans, LA to Houston, TX. [21-60766, 21-60800] (SME) [Entered: 12/29/2021 02:28 PM]
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Paper copies of Amicus Brief filed by Amici Curiae American Heart Association, Campaign for Tobacco-Free Kids, American Lung Association, American Academy of Pediatrics, American Cancer Society Cancer Action Network, Parents Against Vaping e-cigarettes and Truth Initiative Foundation in 21-60766 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (MAS) [Entered: 12/29/2021 10:23 AM]
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Paper copies of Record Excerpts filed by Respondent FDA in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [21-60766, 21-60800] (MAS) [Entered: 12/29/2021 10:04 AM]
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Paper copies of Appellee Brief filed by Respondent FDA in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (MAS) [Entered: 12/29/2021 10:03 AM]
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CASE CALENDARED for oral argument on Monday, 01/31/2022 in New Orleans in the En Banc Courtroom -- PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [21-60766, 21-60800] (SME) [Entered: 12/20/2021 12:57 PM]
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Paper copies of Amicus Brief filed by Dr. David B. Abrams, Mr. Clive D. Bates and Mr. David T. Sweanor in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-60766, 21-60800] (CMB) [Entered: 12/20/2021 03:09 PM]
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RECORD EXCERPTS FILED by Respondent FDA in 21-60766 and in 21-60800. # of Copies Provided: 0. Paper Copies of Record Excerpts due on 12/22/2021, for Respondent Food & Drug Administration. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Respondent FDA in 21-60766. Date of service: 12/17/2021, via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach. [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 12/17/2021 03:49 PM]
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RESPONDENT'S BRIEF FILED by FDA in 21-60766 and in 21-60800. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Paper Copies of Brief due on 12/22/2021, for Respondent Food & Drug Administration. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by FDA in 21-60766. Date of service: 12/17/2021, via email - Attorney for Amici Curiae: Bielaska, Capps, Matthews, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach. [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 12/17/2021 03:44 PM]
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EXTENSION RECEIVED for Amici Curiae Dr. David B. Abrams, Mr. Clive D. Bates and Mr. David T. Sweanor in 21-60766. Extension Granted to and including 12/17/2021. Paper Copies of Brief due on 12/17/2021 for Amici Curiae David B. Abrams, Clive D. Bates and David T. Sweanor [21-60766, 21-60800] (MCS) [Entered: 12/16/2021 08:47 AM]
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Paper copies of Appellant Brief filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioner Vapetasia, L.L.C. in 21-60800, 21-60766 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-60800, 21-60766] (MAS) [Entered: 12/16/2021 10:36 AM]
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Paper copies of Record Excerpts filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800, 21-60766 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [21-60800, 21-60766] (MAS) [Entered: 12/16/2021 10:37 AM]
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PAPER COPIES REQUESTED for the Appellant Brief filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioner Vapetasia, L.L.C. in 21-60766, 21-60800 [ # 9709967-2 ], Record Excerpts filed by Petitioner Wages and White Lion Investments, L.L.C., Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60766, 21-60800 [ # 9709970-2 ], Amicus Brief filed by Dr. David B. Abrams, Mr. Clive D. Bates and Mr. David T. Sweanor in 21-60766, 21-60800 [ # 9714898-2 ], Amicus Brief filed by Amici Curiae American Heart Association, Campaign for Tobacco-Free Kids, American Lung Association, American Academy of Pediatrics, American Cancer Society Cancer Action Network, Parents Against Vaping e-cigarettes and Truth Initiative Foundation in 21-60766 [ # 9689622-2 ]. Paper Copies of Brief due on 12/16/2021 for Amici Curiae David B. Abrams, American Academy of Pediatrics, Clive D. Bates and David T. Sweanor and Petitioner Wages and White Lion Investments, L.L.C... Paper Copies of Record Excerpts due on 12/16/2021 for Petitioner Wages and White Lion Investments, L.L.C.. [21-60766, 21-60800] (MAS) [Entered: 12/13/2021 08:34 AM]
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CASE TENTATIVELY calendared for oral argument for the week of 01/31/2022. [21-60766, 21-60800] (GAM) [Entered: 12/10/2021 12:41 PM]
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APPEARANCE FORM FILED by Attorney(s) Mary G. Bielaska for party(s) Amicus Curiae David T. Sweanor Amicus Curiae Clive D. Bates Amicus Curiae David B. Abrams, in case 21-60766 [21-60766, 21-60800] (MAS) [Entered: 12/06/2021 01:52 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (Mary G. Bielaska ) [Entered: 12/03/2021 04:06 PM]
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APPEARANCE FORM FILED by Attorney Michael D. Matthews Jr. for Amicus Curiae David T. Sweanor in 21-60766, Attorney Michael D. Matthews Jr. for Amicus Curiae Clive D. Bates in 21-60766, Attorney Michael D. Matthews Jr. for Amicus Curiae David B. Abrams in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 11/19/2021 08:16 AM]
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Paper copies of Amicus Brief filed by Americian Vaping Association, Incorporated, American Vapor Manufacturers Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated in 21-60766, 21-60800 received. Paper copies match electronic version of document? Yes # of Copies Provided: 25. [21-60766, 21-60800] (MAS) [Entered: 11/18/2021 04:43 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766, 21-60800] (Michael D. Matthews Jr.) [Entered: 11/17/2021 07:39 PM]
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AMICUS CURIAE BRIEF FILED by Mr. David T. Sweanor, Mr. Clive D. Bates and Dr. David B. Abrams in 21-60766, 21-60800. The Consent is Included in the Brief. # of Copies Provided: 0 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Dr. David B. Abrams, Clive D. Bates, David T. Sweanor J.D.. Date of service: 11/17/2021 via email - Attorney for Amici Curiae: Capps, Troutman; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell, Raza, Vicente; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Michael D. Matthews Jr.) [Entered: 11/17/2021 09:37 PM]
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AMICUS CURIAE BRIEF FILED by United Vapers Alliance, Incorporated, Smoke-Free Alternatives Trade Association, Incorporated, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, American Vapor Manufacturers Association, Incorporated and Americian Vaping Association, Incorporated in 21-60800, 21-60766. The Consent is Included in the Brief. # of Copies Provided: 0 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by 37 National and State Electronic Nicotine Delivery System Product Advocacy Associations as Amici Curiae in Support of Petitioners. Date of service: 11/16/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 11/16/2021 06:52 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 11/16/2021 06:48 AM]
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PARTY LIMIT CASE. (FOR A FULL LIST OF AMICI CURIAE PARTIES FOR THIS APPEAL, APPENDIX WITHIN THE BRIEF .) [21-60766, 21-60800] (MAS) [Entered: 11/16/2021 02:15 PM]
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APPEARANCE FORM FILED by Attorney J. Gregory Troutman for Amicus Curiae United Vapers Alliance, Incorporated in 21-60766, Attorney J. Gregory Troutman for Amicus Curiae Smoke-Free Alternatives Trade Association, Incorporated in 21-60766, Attorney J. Gregory Troutman for Amicus Curiae Consumer Advocates for Smoke-Free Alternatives Association, Incorporated in 21-60766, Attorney J. Gregory Troutman for Amicus Curiae American Vapor Manufacturers Association, Incorporated in 21-60766, Attorney J. Gregory Troutman for Amicus Curiae Americian Vaping Association, Incorporated et al in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 11/16/2021 02:36 PM]
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LETTER OF ADVISEMENT. Reason: advising parties that Petitioners' appendix is due for filing by January 14, 2022 [21-60766, 21-60800] (MAS) [Entered: 11/11/2021 10:31 AM]
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PROPOSED SUFFICIENT RECORD EXCERPTS filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800 [ # 9709970-2 ] Date of service: 11/11/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Eric Heyer ) [Entered: 11/11/2021 12:41 PM]
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PROPOSED SUFFICIENT BRIEF filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioner Vapetasia, L.L.C. in 21-60800 [ # 9709967-2 ] Date of service: 11/11/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Eric Heyer ) [Entered: 11/11/2021 12:35 PM]
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SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require corrections.1.ROA citations are invalid, there is no electronic record 2. Tab 2 does not included the document. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts due on 11/26/2021 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C. in 21-60800. Date of service: 11/10/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Eric Heyer ) [Entered: 11/10/2021 10:16 PM]
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SUFFICIENT APPELLANT'S BRIEF FILED # of Copies Provided: 0 Sufficient Brief deadline satisfied [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Additionally the Brief requires corrections: 1.ROA citations are invalid, there is no electronic record. 2. Invalid top margin on page 6. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Sufficient Brief due on 11/26/2021 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Wages and White Lion Investments, L.L.C. in 21-60766, Vapetasia, L.L.C. in 21-60800. Date of service: 11/10/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Eric Heyer ) [Entered: 11/10/2021 07:33 PM]
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UNOPPOSED MOTION to modify expedited briefing schedule [ # 9700779-2 ] [9701611-5]. Date of service: 11/01/2021 [21-60766, 21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondent FDA in 21-60766, 21-60800 The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Petitioner Wages and White Lion Investments, L.L.C. in 21-60766, Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. in 21-60800 to amend Notice Brief [ # 9700779-2 ] dated 10/29/2021 [9701611-2]. Date of service: 11/01/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Eric Heyer ) [Entered: 11/01/2021 08:31 AM]
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COURT ORDER granting Motion to modify expedited briefing schedule filed by Respondent FDA and Petitioner Wages and White Lion Investments, L.L.C., Respondent FDA and Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [ # 9701611-5 ]; to extend time to file brief as appellant until 11/10/2021 [9702526-2] A/Pet's Brief deadline updated to 11/10/2021 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.; to extend time to file brief of appellee until 12/17/2021 [9702526-2] Appellee's Brief due on 12/17/2021 for Respondent Food & Drug Administration; to extend time to file reply brief until 01/14/2022 [9702526-2] Reply Brief deadline updated to 01/14/2022 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [21-60766, 21-60800] (MAS) [Entered: 11/01/2021 04:45 PM]
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Certified List FILED in lieu of record. [21-60766, 21-60800] (MAS) [Entered: 10/29/2021 10:21 AM]
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Certified List FILED in lieu of record.Administrative record deadline satisfied. [21-60766, 21-60800] (MAS) [Entered: 10/29/2021 10:21 AM]
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BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 11/03/2021 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. Appellee's Brief due on 12/03/2021 for Respondent Food & Drug Administration.. Reply Brief due on 12/24/2021 for Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C.. [21-60766, 21-60800] (MAS) [Entered: 10/29/2021 10:43 AM]
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CERTIFIED LIST filed. Date of Service: 10/28/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 10/28/2021 02:29 PM]
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CERTIFIED LIST filed. Date of Service: 10/28/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Respondents: Dixon, Katzen, Klein, Perkins, Powell; Attorney for Petitioners: Heyer, Hornbach [21-60766, 21-60800] (Noah T. Katzen ) [Entered: 10/28/2021 02:27 PM]
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NON DISPOSITIVE PUBLISHED OPINION FILED. Judge: JWE, Judge: ASO, Judge: CTW; granting Motion for stay pending appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-4 ] [21-60766] (CCR) [Entered: 10/26/2021 08:04 AM]
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LETTER OF ADVISEMENT. Reason: updated caption [21-60766, 21-60800] (MAS) [Entered: 10/26/2021 09:32 AM]
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COURT ORDER granting Motion to consolidate cases filed by Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [ # 9694444-2 ] in 21-60800; granting Motion motion to extend the deadline for the administrative record to and including October 28, 2021, filed by Petitioners Wages and White Lion Investments, L.L.C. and Vapetasia, L.L.C. [ # 9694444-3 ] in 21-60800 [21-60800, 21-60766] (MAS) [Entered: 10/26/2021 09:25 AM]
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COURT ORDER granting Motion to consolidate cases filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9694439-2 ] in 21-60766; granting Motion to extend the deadline for filing the administrative record to and including October 28, 2021 filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9694439-3 ] in 21-60766 [21-60766, 21-60800] (MAS) [Entered: 10/26/2021 09:16 AM]
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APPEARANCE FORM FILED by Attorney(s) Hilary Keith Perkins for party(s) Respondent FDA, in case 21-60766 [21-60766] (MAS) [Entered: 10/21/2021 08:50 AM]
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UNOPPOSED MOTION to consolidate for briefing and oral argument purposes, Suspend the deadline for the administrative record [9694439-3]. Date of service: 10/21/2021 [21-60766] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Petitioner Wages and White Lion Investments, L.L.C. to consolidate cases 21-60766 and 21-60800 for briefing and oral argument purposes. Date of service: 10/21/2021 via email - Attorney for Amicus Curiae: Capps; Attorney for Petitioners: Heyer, Hornbach; Attorney for Respondents: Katzen, Klein, Perkins, Powell [21-60766] (Eric Heyer ) [Entered: 10/21/2021 01:53 PM]
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APPEARANCE FORM FILED by Attorney(s) Noah T. Katzen for party(s) Respondent FDA, in case 21-60766 [21-60766] (MAS) [Entered: 10/20/2021 11:17 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766] (Hilary Keith Perkins ) [Entered: 10/20/2021 04:39 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766] (Noah T. Katzen ) [Entered: 10/19/2021 01:47 PM]
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Attorney Noah Katzen is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form (specifically question B-4). [21-60766] (LBM) [Entered: 10/19/2021 09:23 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766] (Noah T. Katzen ) [Entered: 10/18/2021 09:13 AM]
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APPEARANCE FORM FILED by Attorney Leane K. Capps for Amicus Curiae Truth Initiative Foundation in 21-60766, Attorney Leane K. Capps for Amicus Curiae Parents Against Vaping e-cigarettes in 21-60766, Attorney Leane K. Capps for Amicus Curiae Campaign for Tobacco-Free Kids in 21-60766, Attorney Leane K. Capps for Amicus Curiae American Lung Association in 21-60766, Attorney Leane K. Capps for Amicus Curiae American Heart Association in 21-60766, Attorney Leane K. Capps for Amicus Curiae American Cancer Society Cancer Action Network in 21-60766, Attorney Leane K. Capps for Amicus Curiae American Academy of Pediatrics in 21-60766 [21-60766] (MAS) [Entered: 10/15/2021 08:26 AM]
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REPLY filed by Petitioner Wages and White Lion Investments, L.L.C. [9688701-1] to the Response/Opposition filed by Respondent FDA [ # 9686954-2 ], to the Motion for expedited ruling on motion filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-3 ], to the Motion for stay pending appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-4 ], to the Motion to expedite appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-5 ]. Date of Service: 10/14/2021 via email - Attorney for Petitioners: Heyer, Hornbach; Attorney for Respondents: Klein, Powell. [21-60766] (Eric Heyer ) [Entered: 10/14/2021 07:37 AM]
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AMICUS CURIAE BRIEF FILED by American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes and Truth Initiative Foundation. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [21-60766] (MAS) [Entered: 10/14/2021 05:42 PM]
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COURT ORDER granting Motion to expedite appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-5 ]; granting Motion for expedited ruling on motion filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-3 ]; ADMINISTRATIVELY STAYED pending further order of this motions panel on Motion for stay pending appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-4 ]; granting Motion to file amicus brief filed by American Heart Association, Campaign for Tobacco-Free Kids, American Lung Association, American Academy of Pediatrics, American Cancer Society Cancer Action Network, Parents Against Vaping e-cigarettes and Truth Initiative Foundation [ # 9688637-2 ] filed by American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes and Truth Initiative Foundation in 21-60766 [21-60766] (MAS) [Entered: 10/14/2021 05:29 PM]
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LETTER filed by Petitioner Wages and White Lion Investments, L.L.C. referencing Motion filed by Not Parties Truth Initiative Foundation, Parents Against Vaping e-cigarettes, Campaign for Tobacco-Free Kids, American Lung Association, American Heart Association, American Cancer Society Cancer Action Network and American Academy of Pediatrics [ # 9688637-2 ]. Date of Service: 10/14/2021 via email - Attorney for Petitioners: Heyer, Hornbach; Attorney for Respondents: Klein, Powell [21-60766] (Eric Heyer ) [Entered: 10/14/2021 09:24 AM]
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OPPOSED MOTION by Not Parties American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes and Truth Initiative Foundation to file amicus brief [9688637-2] Date of Service: 10/13/2021 [21-60766] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping E-Cigarettes and Truth Initiative to file amicus brief [9688637-2] Date of service: 10/13/2021 via email - Attorney for Petitioners: Heyer, Hornbach; Attorney for Respondents: Klein, Powell, Raza, Vicente [21-60766] (Leane K. Capps ) [Entered: 10/13/2021 05:25 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766] (Leane K. Capps ) [Entered: 10/13/2021 04:59 PM]
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LETTER filed by Petitioner Wages and White Lion Investments, L.L.C. referencing Motion for expedited ruling on motion filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-3 ], Motion for stay pending appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-4 ], Motion to expedite appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-5 ]. Date of Service: 10/13/2021 via email - Attorney for Petitioners: Heyer, Hornbach; Attorney for Respondents: Klein, Powell [21-60766] (Eric Heyer ) [Entered: 10/13/2021 05:44 AM]
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RESPONSE/OPPOSITION filed by FDA [9686954-1] to the Motion for expedited ruling on motion filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-3 ], Motion for stay pending appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-4 ], Motion to expedite appeal filed by Petitioner Wages and White Lion Investments, L.L.C. [ # 9682314-5 ] Date of Service: 10/12/2021 via email - Attorney for Petitioners: Heyer, Hornbach; Attorney for Respondents: Klein, Powell. [21-60766] (Lindsey E. Powell ) [Entered: 10/12/2021 01:50 PM]
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APPEARANCE FORM FILED by Attorney(s) Eric Heyer for party(s) Petitioner Wages and White Lion Investments, L.L.C., in case 21-60766 [21-60766] (MAS) [Entered: 10/12/2021 10:52 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766] (Eric Heyer ) [Entered: 10/11/2021 06:38 PM]
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APPEARANCE FORM FILED by Attorney(s) Lindsey E. Powell for party(s) Respondent FDA, in case 21-60766 [21-60766] (MAS) [Entered: 10/07/2021 08:47 AM]
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APPEARANCE FORM FILED by Attorney Anthony J. Hornbach for Petitioner Wages and White Lion Investments, L.L.C. in 21-60766 [21-60766] (MAS) [Entered: 10/07/2021 03:43 PM]
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APPEARANCE FORM FILED by Attorney(s) Alisa Beth Klein for party(s) Respondent FDA, in case 21-60766 [21-60766] (MAS) [Entered: 10/07/2021 08:50 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766] (Anthony J. Hornbach ) [Entered: 10/06/2021 07:59 AM]
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OPPOSED MOTION for stay pending appeal [9682314-4] Ruling is requested by: 10/15/2021, for expedited ruling on [9682314-3], to expedite the appeal [9682314-5]. Date of service: 10/06/2021 Response/Opposition due on 10/12/2021. [21-60766] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION for stay pending appeal [9682314-2] Ruling is requested by: 10/15/2021, for expedited ruling on Motion for stay pending appeal [9682314-2] [9682314-3], to expedite the appeal [9682314-4]. Date of service: 10/06/2021 Response/Opposition due on 10/12/2021. [21-60766] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Petitioner Wages and White Lion Investments, L.L.C. for stay pending appeal [9682314-2] Ruling is requested by: 10/15/2021, for expedited ruling on [9682314-3], to expedite the appeal [9682314-4]. Date of service: 10/06/2021 via email - Attorney for Petitioner: Hornbach; Attorney for Respondents: Raza, Vicente [21-60766] (Anthony J. Hornbach ) [Entered: 10/06/2021 08:14 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60766] (Alisa Beth Klein ) [Entered: 10/05/2021 10:55 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766] (Lindsey E. Powell ) [Entered: 10/05/2021 10:23 AM]
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INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9681468-2] Initial AA Check Due satisfied. [21-60766] (MCS) [Entered: 10/05/2021 11:11 AM]
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AGENCY CASE docketed. Petition for review filed by Petitioner Wages and White Lion Investments, L.L.C.. Date received in 5th Circuit: 10/01/2021. Administrative Record due on 11/15/2021 [21-60766] (MCS) [Entered: 10/05/2021 09:04 AM]
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