Wages and White Lion Investmen v. FDA
| Wages and White Lion Investments, L.L.C., doing business as Triton Distribution and Vapetasia, L.L.C. |
| Food & Drug Administration |
| Americian Vaping Association, Incorporated, David B. Abrams, American Vapor Manufacturers Association, Incorporated, Clive D. Bates, Consumer Advocates for Smoke-Free Alternatives Association, Incorporated, David T. Sweanor, J.D., Smoke-Free Alternatives Trade Association, Incorporated and United Vapers Alliance, Incorporated |
| 21-60800 |
| October 15, 2021 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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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] |
| 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] |
| LETTER OF ADVISEMENT. Reason: updated caption [21-60766, 21-60800] (MAS) [Entered: 01/28/2022 04:55 PM] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (Mary G. Bielaska ) [Entered: 12/03/2021 04:06 PM] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60766, 21-60800] (J. Gregory Troutman ) [Entered: 11/16/2021 06:48 AM] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| Certified List FILED in lieu of record. [21-60766, 21-60800] (MAS) [Entered: 10/29/2021 10:21 AM] |
| 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] |
| Certified List FILED in lieu of record.Administrative record deadline satisfied. [21-60766, 21-60800] (MAS) [Entered: 10/29/2021 10:21 AM] |
| 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] |
| 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] |
| LETTER OF ADVISEMENT. Reason: updated caption [21-60766, 21-60800] (MAS) [Entered: 10/26/2021 09:32 AM] |
| 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] |
| 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] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9695985-2] Initial AA Check Due satisfied. [21-60800] (DLJ) [Entered: 10/25/2021 08:07 AM] |
| UNOPPOSED MOTION to consolidate cases 21-60766 and 21-60800 for briefing and oral argument purposes, and to suspend administrative record deadline [9694444-3]. [21-60800] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Petitioners Vapetasia, L.L.C. and 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 Respondents: Dixon, Perkins; Attorney for Petitioner: Heyer. [21-60800] (Eric Heyer ) [Entered: 10/21/2021 01:55 PM] |
APPEARANCE FORM FILED by Attorney(s) Hilary Keith Perkins for party(s) Respondent FDA, in case 21-60800 [21-60800] (MAS) [Entered: 10/21/2021 09:46 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [21-60800] (Hilary Keith Perkins ) [Entered: 10/20/2021 07:29 PM]
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APPEARANCE FORM FILED by Attorney(s) Courtney Dixon for party(s) Respondent FDA, in case 21-60800 [21-60800] (MAS) [Entered: 10/19/2021 03:17 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-60800] (Courtney Dixon ) [Entered: 10/18/2021 03:13 PM]
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AGENCY CASE docketed. Petition for review filed by Petitioners Vapetasia, L.L.C. and Wages and White Lion Investments, L.L.C.. Date received in 5th Circuit: 10/15/2021. Administrative Record due on 11/24/2021 [21-60800] (MCS) [Entered: 10/15/2021 03:12 PM]
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APPEARANCE FORM FILED by Attorney(s) Hilary Keith Perkins for party(s) Respondent FDA, in case 21-60800 [21-60800] (MAS) [Entered: 10/21/2021 09:46 AM]