R. J. Reynolds Tobacco Company, et al v. Rob Bonta, et al
| R. J. REYNOLDS TOBACCO COMPANY, R. J. REYNOLDS VAPOR COMPANY, AMERICAN SNUFF COMPANY, LLC, SANTA FE NATURAL TOBACCO COMPANY, INC., MODORAL BRANDS INC., NEIGHBORHOOD MARKET ASSOCIATION, INC. and MORIJA, LLC, DBA Vapin the 619 |
| ROB BONTA, in his official capacity as Attorney General of California and SUMMER STEPHAN, in her official capacity as District Attorney for the County of San Diego |
| 22-56052 |
| November 16, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 33 Filed clerk order (Deputy Clerk: AC): The unopposed motions for extensions of time to file the answering brief (Docket Entry Nos. [ # 29 ], [ # 32 ]) are granted. Briefing is stayed pending resolution of the pending motion for summary disposition. [12629146] (AF) [Entered: 01/12/2023 10:21 AM] |
| Filing 32 Filed (ECF) Appellee Rob Bonta Unopposed Motion to extend time to file Answering brief until 01/20/2023. Date of service: 01/10/2023. [12627573] [22-56052] (Nascenzi, Peter) [Entered: 01/10/2023 03:14 PM] |
| Filing 31 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12616371] (CL) [Entered: 12/22/2022 10:40 AM] |
| Filing 30 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. citation of supplemental authorities. Date of service: 12/13/2022. [12609595] [22-56052] (Francisco, Noel) [Entered: 12/13/2022 03:10 PM] |
| Filing 29 Filed (ECF) Appellee Rob Bonta Unopposed Motion to extend time to file Answering brief until 01/13/2023. Date of service: 12/09/2022. [12607030] [22-56052] (Nascenzi, Peter) [Entered: 12/09/2022 01:49 PM] |
| Filing 28 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. reply to response (motion for summary affirmance). Date of service: 12/09/2022. [12606229] [22-56052] (Francisco, Noel) [Entered: 12/09/2022 06:04 AM] |
| Filing 27 Filed (ECF) Appellee Rob Bonta response to motion ([ # 25 ] Motion (ECF Filing), [ # 25 ] Motion (ECF Filing)). Date of service: 12/08/2022. [12605347] [22-56052] (Nascenzi, Peter) [Entered: 12/08/2022 10:51 AM] |
| Filing 26 MEDIATION ORDER FILED: By 12/20/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12602965] (CL) [Entered: 12/06/2022 08:19 AM] |
| Filing 25 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. Motion for summary affirmance. Date of service: 11/28/2022. [12597476] [22-56052] (Francisco, Noel) [Entered: 11/28/2022 07:07 PM] |
| Filing 24 Filed order (KIM MCLANE WARDLAW and WILLIAM A. FLETCHER) The emergency motion for injunction pending appeal (Docket Entry No. [ # 14 ]) is denied. See R.J. Reynolds Tobacco Co. v. County of Los Angeles, 29 F.4th 542 (9th Cir. 2022). The existing briefing schedule remains in effect. [12597006] (OC) [Entered: 11/28/2022 02:23 PM] |
| Filing 23 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. reply to response (). Date of service: 11/25/2022. [12595701] [22-56052] (Francisco, Noel) [Entered: 11/25/2022 10:51 AM] |
| Filing 22 Filed (ECF) Appellee Summer Stephan response joining motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 11/23/2022. [12595478] [22-56052] (Heinlein, Joshua) [Entered: 11/23/2022 05:01 PM] |
| Filing 21 Filed (ECF) Appellee Rob Bonta response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 11/23/2022. [12595471] [22-56052] (Nascenzi, Peter) [Entered: 11/23/2022 04:56 PM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 15 ] filed by Appellants. [12595270] (SD) [Entered: 11/23/2022 02:38 PM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 13 ] in 1 volume(s) filed by Appellants. [12595267] (SD) [Entered: 11/23/2022 02:36 PM] |
| Filing 18 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. Correspondence: Notice Pursuant to Ninth Circuit Rule 10-3.1(c) Filed in S.D. Cal.. Date of service: 11/22/2022 [12594184] [22-56052] (Bentz, Andrew) [Entered: 11/22/2022 01:54 PM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 13 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12593582] (SML) [Entered: 11/22/2022 08:54 AM] |
| Filing 16 Filed clerk order (Deputy Clerk: AC): The court has received appellants emergency motion for injunction pending appeal. Any response to that motion is due by November 23, 2022. [12591767] (OC) [Entered: 11/18/2022 04:01 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc.. Date of service: 11/18/2022. [12591596] [22-56052] (Francisco, Noel) [Entered: 11/18/2022 02:56 PM] |
| Filing 14 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. EMERGENCY Motion for injunction pending appeal. Date of service: 11/18/2022. [12591415] [22-56052] (Francisco, Noel) [Entered: 11/18/2022 01:47 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc.. Date of service: 11/18/2022. [12591409] [22-56052] (Bentz, Andrew) [Entered: 11/18/2022 01:44 PM] |
| Filing 12 The Mediation Questionnaire for this case was filed on 11/16/2022. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12589449]. [22-56052] (AD) [Entered: 11/16/2022 06:44 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 15, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than December 13, 2022; the answering brief is due January 10, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12589415] (OC) [Entered: 11/16/2022 04:55 PM] |
| Filing 10 Added Attorney(s) Andrew Bentz for party(s) Appellant Modoral Brands Inc., Neighborhood Market Association, Inc., American Snuff Company, LLC, Morija, LLC, Santa Fe Natural Tobacco Company, Inc., R. J. Reynolds Tobacco Company and R. J. Reynolds Vapor Company, in case 22-56052. [12589290] (BJK) [Entered: 11/16/2022 03:59 PM] |
| Filing 9 Added Attorney(s) Ryan Jeffrey Watson for party(s) Appellant Modoral Brands Inc., Neighborhood Market Association, Inc., American Snuff Company, LLC, Morija, LLC, Santa Fe Natural Tobacco Company, Inc., R. J. Reynolds Tobacco Company and R. J. Reynolds Vapor Company, in case 22-56052. [12589273] (BJK) [Entered: 11/16/2022 03:54 PM] |
| Filing 8 Added Attorney(s) Christian George Vergonis for party(s) Appellant Modoral Brands Inc., Neighborhood Market Association, Inc., American Snuff Company, LLC, Morija, LLC, Santa Fe Natural Tobacco Company, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company, in case 22-56052. [12589263] (BJK) [Entered: 11/16/2022 03:49 PM] |
| Filing 7 Added Attorney(s) Noel John Francisco for party(s) Appellant Modoral Brands Inc., Neighborhood Market Association, Inc., American Snuff Company, LLC, Morija, LLC, Santa Fe Natural Tobacco Company, Inc., R. J. Reynolds Tobacco Company and R. J. Reynolds Vapor Company, in case 22-56052. [12589250] (BJK) [Entered: 11/16/2022 03:44 PM] |
| Filing 6 Filed (ECF) Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc. Mediation Questionnaire. Date of service: 11/16/2022. [12589112] [22-56052] (Bentz, Andrew) [Entered: 11/16/2022 02:50 PM] |
| Filing 5 Filed (ECF) notice of appearance of Andrew J. M. Bentz (Jones Day, 51 Louisiana Ave., N.W., Washington, D.C. 20001) for Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc.. Date of service: 11/16/2022. (Party was previously proceeding with counsel.) [12589051] [22-56052] (Bentz, Andrew) [Entered: 11/16/2022 02:27 PM] |
| Filing 4 Filed (ECF) notice of appearance of Ryan Jeffrey Watson (Jones Day, 51 Louisiana Ave., N.W., Washington, D.C. 20001) for Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc.. Date of service: 11/16/2022. (Party was previously proceeding with counsel.) [12589049] [22-56052] (Watson, Ryan) [Entered: 11/16/2022 02:25 PM] |
| Filing 3 Filed (ECF) notice of appearance of Christian George Vergonis (Jones Day, 51 Louisiana Ave., N.W., Washington, D.C. 20001) for Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc.. Date of service: 11/16/2022. (Party was previously proceeding with counsel.) [12589045] [22-56052] (Vergonis, Christian) [Entered: 11/16/2022 02:21 PM] |
| Filing 2 Filed (ECF) notice of appearance of Noel John Francisco (Jones Day, 51 Louisiana Ave., N.W., Washington, D.C. 20001) for Appellants American Snuff Company, LLC, Modoral Brands Inc., Morija, LLC, Neighborhood Market Association, Inc., R. J. Reynolds Tobacco Company, R. J. Reynolds Vapor Company and Santa Fe Natural Tobacco Company, Inc.. Date of service: 11/16/2022. (Party was previously proceeding with counsel.) [12589044] [22-56052] (Francisco, Noel) [Entered: 11/16/2022 02:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12588640] (RT) [Entered: 11/16/2022 10:43 AM] |
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