Jennifer Ann Smith et al v. State of Colorado et al
| Xcaliber International Ltd., LLC, Liggett Group LLC, Vector Tobacco Inc. and Jennifer Ann Smith |
| State of Colorado, Jared S. Polis, Philip J. Weiser, Legislative Council Of The Colorado General Assembly and Heidi Humphreys |
| 1:2020cv03107 |
| October 15, 2020 |
| US District Court for the District of Colorado |
| Kristen L Mix |
| Raymond P Moore |
| Constitutionality of State Statutes |
| 28 U.S.C. § 1331 ss |
| Plaintiff |
Docket Report
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Filing 47
MINUTE ORDER: This matter is before the Court sua sponte. The preliminary injunction hearing set for Monday, December 21, 2020 #19 is hereby reset to begin at 9:30 a.m. MST on that same date. SO ORDERED by Judge Raymond P. Moore on 12/10/2020. (Text Only Entry) (rmsec )
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| Filing 46 NOTICE of Entry of Appearance by Paul J. Burgo on behalf of Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLCAttorney Paul J. Burgo added to party Liggett Group LLC (pty:pla), Attorney Paul J. Burgo added to party Jennifer Ann Smith(pty:pla), Attorney Paul J. Burgo added to party Vector Tobacco Inc. (pty:pla), Attorney Paul J. Burgo added to party Xcaliber International Ltd., LLC(pty:pla) (Burgo, Paul) |
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Filing 45
MINUTE ORDER: This matter is before the Court to correct a clerical error in its Order of December 8, 2020 #44 . The various filings are due by 12:00 p.m. on Thursday, December 17, 2020. SO ORDERED by Judge Raymond P. Moore on 12/9/2020. (Text Only Entry) (rmsec )
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Filing 44
ORDER re: Preliminary Injunction Hearing set for December 21, 2020, by Judge Raymond P. Moore on December 8, 2020. (rvill, )
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| Filing 43 CORPORATE DISCLOSURE STATEMENT by Xcaliber International Ltd., LLC. (Seese, Eric)(Modified on 12/8/2020 edited to reflect No parent Company)(evana, ). |
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Filing 42
STIPULATED PROTECTIVE ORDER by Judge Raymond P. Moore on December 7, 2020. (rvill, )
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Filing 41
ORDER. The parties' motion for the entry of the Stipulated Protective Order (ECF No. #39 ) is GRANTED as stated herein and such order shall be issued concurrently with this Order; and FURTHER ORDERED that, if appropriate, the parties shall file a status report by 5:00 p.m. today, December 7, 2020. By Judge Raymond P. Moore on December 7, 2020. (rvill, )
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| Filing 40 RESPONSE to #13 MOTION for Preliminary Injunction filed by Defendants Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser. (Attachments: #1 Exhibit Exhibit 1 to Defs Response, #2 Exhibit Exhibit 2 to Defs Response, #3 Affidavit Declaration of Dr. Svetla K. Tzenova, #4 Appendix Appendices A and B to the Declaration of Dr. Svetla K. Tzenova)(Johnson, Russell) |
| Filing 39 Stipulated MOTION for Protective Order by Defendants Jared S. Polis, State of Colorado, Philip J. Weiser. (Morgan, Reed) |
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Filing 38
ORDER granting in part and denying in part #34 Plaintiffs' Motion for Expedited Discovery, by Judge Raymond P. Moore on December 3, 2020.(rvill, )
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| Filing 37 NOTICE of Defendants' Intent to File Response Opposing Plaintiffs' Motion for Expedited Discovery by Defendants Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser (Morgan, Reed) |
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Filing 36
ORDER: After considering Plaintiffs' unopposed motion for extension of time #35 , and finding good cause, the motion #35 is GRANTED. Plaintiffs' reply brief is due by 12:00 p.m. (noon) on Monday, December 14, 2020. Plaintiffs are reminded, however, of the requirement to show compliance with D.C.COLO.LCivR 6.1(c) (service on client). Future requests for extensions may be summarily denied absent showing compliance with this Local Rule. SO ORDERED by Judge Raymond P. Moore on 12/2/2020. (Text Only Entry) (rmlc1 )
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| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction by Plaintiffs Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLC. (Attachments: #1 Proposed Order (PDF Only))(Kasowitz, Marc) |
| Filing 34 MOTION to Expedite Discovery by Plaintiffs Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLC. (Kasowitz, Marc) |
| Filing 33 NOTICE of Entry of Appearance by Reed W. Morgan on behalf of Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser Attorney Reed W. Morgan added to party Heidi Humphreys(pty:dft), Attorney Reed W. Morgan added to party Jared S. Polis(pty:dft), Attorney Reed W. Morgan added to party State of Colorado(pty:dft), Attorney Reed W. Morgan added to party Philip J. Weiser (pty:dft) (Morgan, Reed) |
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Filing 32
ORDER. Defendants' Corrected Motion for Limited, Expedited Discovery (ECF No. #31 ) is GRANTED; the Motion for Forthwith Hearing (ECF No. #30 ) is DENIED, by Judge Raymond P. Moore on December 1, 2020. (rvill, )
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| Filing 31 MOTION to Expedite Discovery Corrected by Defendants Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser. (Gill, Terence) |
| Filing 30 MOTION for Hearing/Conference FORTHWITH HEARING ON MOTION FOR LIMITED, EXPEDITED DISCOVERY by Defendants Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser. (Gill, Terence) |
| Filing 29 MOTION to Expedite FOR LIMITED DISCOVERY by Defendants Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser. (Gill, Terence) |
| Filing 28 NOTICE of Entry of Appearance by Daniel Richard Benson on behalf of Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLCAttorney Daniel Richard Benson added to party Liggett Group LLC (pty:pla), Attorney Daniel Richard Benson added to party Jennifer Ann Smith(pty:pla), Attorney Daniel Richard Benson added to party Vector Tobacco Inc. (pty:pla), Attorney Daniel Richard Benson added to party Xcaliber International Ltd., LLC(pty:pla) (Benson, Daniel) |
| Filing 27 NOTICE of Entry of Appearance by Deva Roberts on behalf of Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLCAttorney Deva Roberts added to party Liggett Group LLC (pty:pla), Attorney Deva Roberts added to party Jennifer Ann Smith(pty:pla), Attorney Deva Roberts added to party Vector Tobacco Inc. (pty:pla), Attorney Deva Roberts added to party Xcaliber International Ltd., LLC(pty:pla) (Roberts, Deva) |
| Filing 26 NOTICE of Entry of Appearance by Maria Gorecki on behalf of Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLCAttorney Maria Gorecki added to party Liggett Group LLC (pty:pla), Attorney Maria Gorecki added to party Jennifer Ann Smith(pty:pla), Attorney Maria Gorecki added to party Vector Tobacco Inc. (pty:pla), Attorney Maria Gorecki added to party Xcaliber International Ltd., LLC(pty:pla) (Gorecki, Maria) |
| Filing 25 NOTICE of Entry of Appearance by Leonard A. Feiwus on behalf of Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLCAttorney Leonard A. Feiwus added to party Liggett Group LLC (pty:pla), Attorney Leonard A. Feiwus added to party Jennifer Ann Smith(pty:pla), Attorney Leonard A. Feiwus added to party Vector Tobacco Inc. (pty:pla), Attorney Leonard A. Feiwus added to party Xcaliber International Ltd., LLC(pty:pla) (Feiwus, Leonard) |
| Filing 24 NOTICE of Entry of Appearance by Terence C. Gill on behalf of Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser Attorney Terence C. Gill added to party Heidi Humphreys(pty:dft), Attorney Terence C. Gill added to party Jared S. Polis(pty:dft), Attorney Terence C. Gill added to party State of Colorado(pty:dft), Attorney Terence C. Gill added to party Philip J. Weiser (pty:dft) (Gill, Terence) |
| Filing 23 NOTICE of Entry of Appearance by Russell Dorian Johnson on behalf of Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser Attorney Russell Dorian Johnson added to party Heidi Humphreys(pty:dft), Attorney Russell Dorian Johnson added to party Jared S. Polis(pty:dft), Attorney Russell Dorian Johnson added to party State of Colorado(pty:dft), Attorney Russell Dorian Johnson added to party Philip J. Weiser (pty:dft) (Johnson, Russell) |
| Filing 22 NOTICE of Entry of Appearance by Benjamin I. Kapnik on behalf of Heidi Humphreys, Jared S. Polis, State of Colorado, Philip J. Weiser Attorney Benjamin I. Kapnik added to party Heidi Humphreys(pty:dft), Attorney Benjamin I. Kapnik added to party Jared S. Polis(pty:dft), Attorney Benjamin I. Kapnik added to party State of Colorado(pty:dft), Attorney Benjamin I. Kapnik added to party Philip J. Weiser (pty:dft) (Kapnik, Benjamin) |
| Filing 21 NOTICE of Entry of Appearance by Katarzyna Aleksandra Parecki on behalf of Xcaliber International Ltd., LLCAttorney Katarzyna Aleksandra Parecki added to party Xcaliber International Ltd., LLC(pty:pla) (Parecki, Katarzyna) |
| Filing 20 NOTICE of Entry of Appearance by Eric Job Seese on behalf of Xcaliber International Ltd., LLCAttorney Eric Job Seese added to party Xcaliber International Ltd., LLC(pty:pla) (Seese, Eric) |
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Filing 19
ORDER That the motion (ECF No. #14 ) is GRANTED; That Defendants' response to Plaintiffs' Motion for Preliminary Injunction is due by December 4, 2020, and Plaintiffs' reply in support of their Motion for Preliminary Injunction is due by December 11, 2020; That a hearing on the Motion for Preliminary Injunction shall be held on Monday, December 21, 2020 at 1:00 p.m. MST. The hearing shall be held by video teleconferencing (VTC) for all parties. Instructions for accessing the court's VTC system are attached. SO ORDERED By Judge Raymond P. Moore on 11/20/2020. (Attachments: #1 Cisco Meeting App Instructions)(evana, )
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Filing 18
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED By Judge Raymond P. Moore on 11/20/2020. (Text Only Entry) (rmsec)
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 11/20/2020. (rmsec )
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| Filing 16 CASE REASSIGNED pursuant to #13 MOTION for Preliminary Injunction . This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-03107-RM. (Text Only Entry) (nmarb, ) |
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Filing 15
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 11/20/20. This matter is before the Court sua sponte. Although a signed Consent/Non-Consent Form has not yet been filed, Plaintiffs have filed a Motion for Preliminary Injunction [#13]. See D.C.COLO.LCivR 40.1(c)(2)(a) (discussing assignment of cases in which a motion for injunctive relief has been filed). Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge underD.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (nmarb, )
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| Filing 14 Unopposed MOTION to Expedite Briefing Schedule And Forthwith Hearing On Plaintiffs Motion For Preliminary Injunction (ECF No. 13) by Plaintiffs Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLC. (Kasowitz, Marc) |
| Filing 13 MOTION for Preliminary Injunction by Plaintiffs Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLC. (Attachments: #1 Declaration Of Steven D. Shipe, #2 Declaration Of Derrick Taylor, #3 Declaration Of Jennifer Ann Smith, #4 Exhibit A: 2020 State Ballot Information Booklet)(Kasowitz, Marc) |
| Filing 12 NOTICE of Filing Amended Pleading re #11 Amended Complaint,,, by Plaintiffs Liggett Group LLC, Jennifer Ann Smith, Vector Tobacco Inc., Xcaliber International Ltd., LLC (Attachments: #1 Exhibit A : Amended Complaint Redline)(Kasowitz, Marc) |
| Filing 11 AMENDED COMPLAINT against Jared S. Polis, State of Colorado, Philip J. Weiser, Heidi Humphreys Attorney Marc E. Kasowitz added to party Jennifer Ann Smith(pty:pla), filed by Liggett Group LLC, Xcaliber International Ltd., LLC, Vector Tobacco Inc., Jennifer Ann Smith. (Attachments: #1 Exhibit A: A copy of House Bill 20-1427, #2 Exhibit B: Article Published in The Colorado Independent on November 9, 2016, #3 Exhibit C: Article Published in The Colorado Sun on April 30, 2019, #4 Exhibit D: Article Published in Chalkbeat Colorado on May 2, 2019, #5 Exhibit E: Article Published in The Wall Street Journal on May 1, 2020, #6 Exhibit F: Article Published in The Colorado Sun on August 13, 2020, #7 Summons)(Kasowitz, Marc) |
| Filing 10 NOTICE of Voluntary Dismissal of Party Legislative Council of the Colorado General Assembly by Plaintiffs Liggett Group LLC, Vector Tobacco Inc., Xcaliber International Ltd., LLC (Kasowitz, Marc) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Liggett Group LLC, Xcaliber International Ltd., LLC, Vector Tobacco Inc.. Philip J. Weiser waiver sent on 10/16/2020, answer due 12/15/2020. (Kasowitz, Marc) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Liggett Group LLC, Xcaliber International Ltd., LLC, Vector Tobacco Inc.. Jared S. Polis waiver sent on 10/16/2020, answer due 12/15/2020. (Kasowitz, Marc) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Liggett Group LLC, Xcaliber International Ltd., LLC, Vector Tobacco Inc.. Legislative Council of the Colorado General Assembly waiver sent on 10/21/2020, answer due 12/21/2020. (Kasowitz, Marc) |
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Filing 6
ORDER by Magistrate Judge Kristen L. Mix on 10/19/20, Setting Scheduling/Planning Conference. Proposed Scheduling Order due by 1/20/2021. Scheduling/Planning Conference set for 1/27/2021 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2) (nmarb, )
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| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (trvo, ) |
| Filing 4 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (trvo, ) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Complaint, #2 Corporate Disclosure Statement filed by attorney Marc E. Kasowitz. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (trvo, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent VGR Holding LLC for Liggett Group LLC, Vector Tobacco Inc.. (Kasowitz, Marc) |
| Filing 1 COMPLAINT against Legislative Council Of The Colorado General Assembly, Jared S. Polis, State of Colorado, Philip J. Weiser (Filing fee $ 400,Receipt Number 1082-7541799)Attorney Marc E. Kasowitz added to party Liggett Group LLC (pty:pla), Attorney Marc E. Kasowitz added to party Vector Tobacco Inc. (pty:pla), Attorney Marc E. Kasowitz added to party Xcaliber International Ltd., LLC(pty:pla), filed by Liggett Group LLC, Xcaliber International Ltd., LLC, Vector Tobacco Inc.. (Attachments: #1 Exhibit A: A copy of House Bill 20-1427, #2 Exhibit B: Article Published in The Colorado Independent on November 9, 2016, #3 Exhibit C: Article Published in The Colorado Sun on April 30, 2019, #4 Exhibit D: Article Published in Chalkbeat Colorado on May 2, 2019, #5 Exhibit E: Article Published in The Wall Street Journal on May 1, 2020, #6 Exhibit F: Article Published in The Colorado Sun on August 13, 2020, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Civil Cover Sheet)(Kasowitz, Marc) |
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