EN FUEGO TOBACCO SHOP LLC et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
| TEXAS CIGAR MERCHANTS ASSOCIATION, EN FUEGO TOBACCO SHOP LLC, CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC doing business as EN FUEGO TOBACCO SHOP and CUBA LIBRE ENTERPRISES LLC doing business as EL CUBANO CIGARS |
| UNITED STATES FOOD AND DRUG ADMINISTRATION, ERIC D. HARGAN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SCOTT GOTTLIEB, M.D., ALEX M. AZAR and ALEX M. AZAR, II |
| PUBLIC HEALTH LAW CENTER, AMERICAN HEART ASSOCIATION, AMERICAN THORACIC SOCIETY, AMERICAN ACADEMY OF PEDIATRICS, TRUTH INITIATIVE, CAMPAIGN FOR TOBACCO-FREE KIDS, AMERICAN LUNG ASSOCIATION and AMERICAN CANCER SOCIETY CANCER ACTION NETWORK |
| 1:2018cv01797 |
| July 30, 2018 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 88888 |
| Amy Berman Jackson |
| Amit P Mehta |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 80 AMICUS BRIEF by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN THORACIC SOCIETY, CAMPAIGN FOR TOBACCO-FREE KIDS, PUBLIC HEALTH LAW CENTER, TRUTH INITIATIVE. (jf) |
MINUTE ORDER granting #79 Public Health Organizations' Motion for Leave to File Brief as Amicus Curiae. Signed by Judge Amit P. Mehta on 05/21/2019. (lcapm3)
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| Filing 79 MOTION for Leave to File Brief Amicus Curiae (Public Health Organizations) by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN THORACIC SOCIETY, Campaign for Tobacco-Free Kids, Public Health Law Center, TRUTH INITIATIVE (Attachments: #1 BRIEF OF AMICI CURIAE PUBLIC HEALTH ORGANIZATIONS IN OPPOSITION TO THE MOTION OF EN FUEGO PLAINTIFFS FOR SUMMARY JUDGMENT AND A PERMANENT INJUNCTION AND IN SUPPORT OF THE CROSS-MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT)(Greenwold, Mark) |
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Filing 78
MEMORANDUM OPINION AND ORDER denying #73 Plaintiffs' Motion to Retransfer. This matter shall remain before this District Court and shall be consolidated with Cigar Association of America v. FDA, Case No. 1:16-cv-01460-APM. See attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 01/11/2019. (lcapm1) Modified document type on 1/11/2019 (zjd).
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| Filing 77 Joint STATUS REPORT by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION. (Edney, Michael) |
| Filing 76 REPLY to opposition to motion re #73 MOTION To Retransfer To The District Court For The Eastern District Of Texas Or, In The Alternative, To Set For Non-Consolidated Adjudication On The Merits Before This Court MOTION to Transfer Case filed by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION. (Edney, Michael) |
| Filing 75 Memorandum in opposition to re #73 MOTION To Retransfer To The District Court For The Eastern District Of Texas Or, In The Alternative, To Set For Non-Consolidated Adjudication On The Merits Before This Court MOTION to Transfer Case filed by ALEX M. AZAR, SCOTT GOTTLIEB, M.D., UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: #1 Ex. A - IPCPR State Association Handbook, #2 Ex. B - IPCPR member webpage - En Fuego, #3 Ex. C - IPCPR member webpage - El Cubano, #4 Ex. D - Cigar Ass'n Appeal - Plaintiffs' Statement of Issues)(Beckenhauer, Eric) |
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MINUTE ORDER granting Defendant's #74 Consent Motion for Extension of Time to File a Response to Plaintiffs' Motion to Retransfer. Defendant's Response shall be due on or before October 22, 2018. Signed by Judge Amit P. Mehta on 10/15/2018. (lcapm3)
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| Set/Reset Deadlines: Defendant's Response due by 10/22/2018. (zjd) |
| Filing 74 Consent MOTION for Extension of Time to File Response/Reply as to #73 MOTION To Retransfer To The District Court For The Eastern District Of Texas Or, In The Alternative, To Set For Non-Consolidated Adjudication On The Merits Before This Court MOTION to Transfer Case by ALEX M. AZAR, SCOTT GOTTLIEB, M.D., UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Beckenhauer, Eric) |
| Filing 73 MOTION To Retransfer To The District Court For The Eastern District Of Texas Or, In The Alternative, To Set For Non-Consolidated Adjudication On The Merits Before This Court by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Edney, Michael). Added MOTION to Transfer Case on 10/4/2018 (jf). |
| Filing 72 Amended ANSWER to #20 Amended Complaint, by ALEX M. AZAR, SCOTT GOTTLIEB, M.D., UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION.(Beckenhauer, Eric) |
| Set/Reset Deadlines: Motion Regarding Transfer of Venue due by 10/1/2018. Opposition due by 10/15/2018. Reply due by 10/22/2018. (zjd) |
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MINUTE ORDER. Pursuant to Plaintiffs' #71 Notice, the court sets the following briefing schedule. Any motion regarding transfer of venue shall be filed no later than October 1, 2018; any opposition shall be filed no later than October 15, 2018; and any reply shall be filed no later than October 22, 2018. Signed by Judge Amit P. Mehta on 09/04/2018. (lcapm3)
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| Filing 71 NOTICE Proposing Briefing Schedule on Retransfer by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Edney, Michael) |
| Filing 70 TRANSCRIPT OF JOINT STATUS CONFERENCE HEARING PROCEEDINGS before Judge Amit P. Mehta held on August 16, 2018; Page Numbers: 1-49. Date of Issuance: August 23, 2018. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or pur chased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/13/2018. Redacted Transcript Deadline set for 9/23/2018. Release of Transcript Restriction set for 11/21/2018.(wz) |
| Set/Reset Deadlines: Amended Answer due by 9/26/2018. Joint Status Report due by 11/1/2018. Proposed Briefing Schedule, if necessary, due by 9/1/2018. (zjd) |
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MINUTE ORDER summarizing the deadlines set during the Status Conference held on August 16, 2018. Defendants' unopposed oral motion to amend the Answer is granted, and Defendants' amended Answer shall be filed no later than September 26, 2018. No later than November 1, 2018, the parties shall file a Joint Status Report providing an update regarding the rulemaking process and the parties' positions as to deferring briefing in this matter until the D.C. Circuit rules on the pending appeal in Cigar Association v. FDA, 1:16-cv-01460-APM, or until the agency's rulemaking runs its course. The court neglected to address scheduling for briefing of the first-to-file issue. If either party wishes to challenge transfer of this matter to this court, that party shall, no later than September 1, 2018, file a notice with this court proposing a briefing schedule. Signed by Judge Amit P. Mehta on 08/20/2018. (lcapm3)
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| Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 8/16/2018. Joint Status Report due by 11/1/2018. Amended Answer due by 9/26/2018. (Court Reporter: William Zaremba) (zjd) Modified deadline on 8/20/2018 (zjd). |
| Filing 69 NOTICE of Appearance by Elizabeth S. Forrest on behalf of CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Forrest, Elizabeth) |
| Filing 68 NOTICE of Appearance by Clyde M. Siebman on behalf of CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Siebman, Clyde) |
| Filing 67 NOTICE of Appearance by Ryan E. Meltzer on behalf of CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Meltzer, Ryan) |
| Filing 66 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth S. Forrest, :Firm- Siebman Forrest Burg & Smith, LLP, :Address- Federal Courthouse Square, 300 N. Travis Street, Sherman, TX 75090. Phone No. - 903-870-0070. Fax No. - 903-870-0066 Filing fee $ 100, receipt number 0090-5637612. Fee Status: Fee Paid by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Attachments: #1 Declaration of Elizabeth S. Forrest, #2 Text of Proposed Order)(Edney, Michael) Modified on 8/14/2018 to add payment information.(ztnr) |
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MINUTE ORDER granting #64 and #65 Motions for Leave to Appear Pro Hac Vice. Attorneys Ryan E. Meltzer and Clyde M. Siebman are hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 08/14/2018. (lcapm3)
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MINUTE ORDER granting #66 Motion for Leave to Appear Pro Hac Vice. Attorney Elizabeth S. Forrest is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 08/14/2018. (lcapm3)
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| Filing 65 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Clyde M. Siebman, :Firm- Siebman Forrest Burg & Smith, LLP, :Address- Federal Courthouse Square, 300 N. Travis Street, Sherman, TX 75090. Phone No. - 903-870-0070. Fax No. - 903-870-0066 Filing fee $ 100, receipt number 0090-5635741. Fee Status: Fee Paid. by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Attachments: #1 Declaration of Clyde M. Siebman, #2 Text of Proposed Order)(Edney, Michael) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan E. Meltzer, :Firm- Norton Rose Fulbright US LLP, :Address- 98 San Jacinto Blvd., Ste. 1100, Austin, TX 78701. Phone No. - 512-536-5234. Fax No. - 512-536-4598 Filing fee $ 100, receipt number 0090-5634977. Fee Status: Fee Paid. by CUBA LIBRE ENTERPRISES LLC, EN FUEGO TOBACCO SHOP LLC, TEXAS CIGAR MERCHANTS ASSOCIATION (Attachments: #1 Declaration Declaration of Ryan E. Meltzer, #2 Text of Proposed Order)(Edney, Michael) |
| Set/Reset Hearings: Status Conference rescheduled to 8/16/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) |
| Set/Reset Hearings: Status Conference set for 8/13/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) |
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MINUTE ORDER rescheduling Status Conference previously set for August 13, 2018, to August 16, 2018, at 10:00 a.m. in Courtroom 10. Signed by Judge Amit P. Mehta on 08/11/2018. (lcapm3)
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| Set/Reset Hearings: Status Conference set for 8/13/2018 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (zjd) |
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MINUTE ORDER setting Status Conference for Monday, August 13, 2018, at 2:00 p.m. in Courtroom 10. In advance of the Status Conference, the parties shall meet and confer to discuss how they wish to proceed in this matter, as well as in Cigar Association v. FDA, 1:16-cv-01460-APM. The parties should be prepared at the status conference to address their respective positions. Signed by Judge Amit P. Mehta on 08/07/2018. (lcapm3)
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| Filing 63 Case directly reassigned to Judge Amit P. Mehta as related. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) |
| Filing 62 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 16-1460. (Beckenhauer, Eric) |
| Filing 61 Case transferred in from District of Texas Eastern; Case Number 4:18-cv-00028. Original file certified copy of transfer order and docket sheet received. Modified on 7/31/2018 (zsth). |
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Filing 60
ORDER denying #56 Appeal of Magistrate Judge Decision to District Court filed by En Fuego Tobacco Shop LLC, Cuba Libre Enterprises LLC, Texas Cigar Merchants Association. The July 2 Order (Dkt. #55) is AFFIRMED, and this case is hereby TRANSFERRED to the United States District Court for the District of Columbia. Signed by District Judge Amos L. Mazzant, III on 7/30/2018. (daj, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 59 RESPONSE to #56 Appeal of Magistrate Judge Decision to District Court filed by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 58
ORDER re #56 Appeal of Magistrate Judge Decision to District Court. Defendants shall submit an expedited response to the Appeal (Dkt. #56 ), if any, no later than July 17, 2018, at 5:00 p.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/13/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 57 NOTICE by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration Defendants' Response to #54 Plaintiffs' Supplemental Brief Regarding NIFLA v. Becerra (Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 56 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association re #55 Order,, (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 55
ORDER. The Court finds that in the interest of justice, this case should be transferred to the United States District Court for the District of Columbia. IT IS THEREFORE ORDERED that Defendants' Motion to Transfer (Dkt. #18 ) is GRANTED, and this case is hereby transferred to the United States District Court for the District of Columbia. IT IS FURTHER ORDERED that Defendants' Motion to Stay Briefing (Dkt. #28 ) is DENIED AS MOOT. The Court hereby WITHDRAWS the May 22 Order (Dkt. #35 ). Signed by Magistrate Judge Kimberly C Priest Johnson on 7/2/2018. (baf, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 54 NOTICE by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association (Plaintiffs' Supplemental Brief On The Applicability Of National Institute Of Family And Life Advocates V. Becerra (U.S. 2018) (Attachments: #1 Exhibit A)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 53
ORDER. ORDERED that no later than July 2, 2018, at 5:00 p.m., Plaintiffs shall file a brief, limited to their position regarding the applicability of Becerra on the issues in this case. Defendants shall file a responsive brief, if any, no later than July 6, 2018, at 5:00 p.m. Defendants' brief shall likewise be limited to the applicability of Becerra in this case. No further briefing will be permitted. Neither brief shall exceed fifteen pages. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/27/2018. (kls, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 52 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Motion Hearing held on 6/26/2018 re #22 MOTION for Summary Judgment filed by En Fuego Tobacco Shop LLC, Cuba Libre Enterprises LLC, Texas Cigar Merchants Association. (Court Reporter Digital Recording - Plano 108.) (ttm, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 51 REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 50 RESPONSE in Opposition re #22 MOTION for Summary Judgment or, in the alternative, for a Preliminary Injunction filed by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Ex. A, #2 Text of Proposed Order)(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 49
ORDER granting in part and denying in part #43 Motion for Leave. Defendants' Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction and for Partial Summary Judgment and in Support of Defendants' Cross-Motion for Partial Summary Judgment (Dkt. #44 ) is STRICKEN from the record. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/18/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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Filing 48
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/18/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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Filing 47
ORDER granting #41 Motion for Leave to File Administrative Record in CD-ROM Format and Partially Under Seal. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/18/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 46 RESPONSE in Opposition re #43 MOTION for Leave to File Excess Pages filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 45 Joint MOTION for Protective Order by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Proposed Protective Order, #2 Acknowledgment Form)(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 44 ***STRICKEN PER #49 . PLEASE DISREGARD.*** RESPONSE in Opposition re #22 MOTION for Summary Judgment and Cross-Motion for Partial Summary Judgment filed by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Ex. A, #2 Text of Proposed Order)(Beckenhauer, Eric) (Attachment 2 replaced on 6/13/2018) (rpc, ). Modified on 6/18/2018 (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 43 MOTION for Leave to File Excess Pages by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Ex. A, #2 Text of Proposed Order)(Beckenhauer, Eric) (Attachment 2 replaced on 6/13/2018) (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 42 RESPONSE to #40 Appeal of Magistrate Judge Decision to District Court, filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 41 Consent MOTION for Leave to File Administrative Record in CD-ROM Format and Partially Under Seal by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Text of Proposed Order)(Beckenhauer, Eric) (Attachment 1 replaced on 6/12/2018) (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 40 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration re #35 Order on Motion for Miscellaneous Relief, Order on Motion to Stay, Order on Motion to Expedite (Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 39
ORDER re #22 MOTION for Summary Judgment. Defendants' opposition to Plaintiffs' Motion for Partial Summary Judgment due by June 12, 2018. Plaintiffs' reply in support of their Motion for Partial Summary Judgment due by June 20, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/1/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 38 STATUS REPORT (Joint) and Proposed Scheduling Orders by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Plaintiffs' Proposed Order, #2 Defendants' Proposed Order)(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 37
ORDER. The parties' deadline to submit a joint status report and proposed scheduling order is extended to May 30, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 5/30/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 36 REPORT of Rule 26(f) Planning Meeting. (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 35
***WITHDRAWN PURSUANT TO ORDER #55 ***ORDER. Defendants' Motion to Transfer (Dkt. #18 ) is DENIED. Defendants' Motion to Stay Briefing (Dkt. #28 ) is DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 5/22/2018. (rpc, ) Modified on 7/2/2018 (baf, ). [Transferred from Texas Eastern on 7/31/2018.]
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| NOTICE of Hearing: Plaintiffs' Motion for Partial Summary Judgment (Dkt. #22 ) is set for oral argument on June 26, 2018, at 9:30 a.m. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Set/Reset Deadlines: Status Report due by 5/29/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 34 NOTICE by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association Of Supplemental Authority (Attachments: #1 Exhibit A)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 33 REPLY to Response to Motion re #28 MOTION to Stay MOTION to Expedite Briefing and Consideration of Motion to Stay filed by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 32 RESPONSE in Opposition re #28 MOTION to Stay MOTION to Expedite Briefing and Consideration of Motion to Stay filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 31
ORDER re #28 MOTION to Stay MOTION to Expedite Briefing and Consideration of Motion to Stay. The Motion for Expedited Briefing, Defendants' request is DENIED. Regarding the Motion to Stay Briefing, the Court finds that Defendants' deadline to respond to Plaintiffs' Motion for Partial Summary Judgment or, in the Alternative, for a Preliminary Injunction (Dkt. #22 ) is STAYED until the Court decides the Motion to Stay Briefing. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/20/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 30 REPLY to Response to Motion re #28 MOTION to Stay MOTION to Expedite Briefing and Consideration of Motion to Stay filed by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 29 RESPONSE in Opposition re #28 MOTION to Expedite Briefing filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) Modified on 4/18/2018 (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 28 MOTION to Stay , MOTION to Expedite Briefing and Consideration of Motion to Stay by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Proposed Order re Expedited Briefing, #2 Proposed Order re Stay)(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 27 SUR-REPLY to Reply to Response to Motion re #18 MOTION to Transfer filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 26 ANSWER to #20 Amended Complaint, by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration.(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
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Filing 25
ORDER. Plaintiffs' Motion (Dkt. #21 ) is GRANTED and Plaintiffs' Motion for Partial Summary Judgment or, in the Alternative, for a Preliminary Injunction (Dkt. #22 ) is deemed filed. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/10/2018. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.]
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| Filing 24 REPLY to Response to Motion re #18 MOTION to Transfer filed by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Ex. F, #2 Ex. G)(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 23 RESPONSE in Opposition re #18 MOTION to Transfer filed by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Attachments: #1 Affidavit of Manuel Lopez, #2 Affidavit of Mark Moore, #3 Affidavit of Paul Carroll, #4 Exhibit A to Opposition, #5 Exhibit B to Opposition, #6 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 22 MOTION for Summary Judgment by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Attachments: #1 Affidavit of Dr. Cecil Reynolds, #2 Exhibit 1, #3 Exhibit 2, #4 Affidavit of Manuel Lopez, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Affidavit of Mark Moore, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Exhibit H, #20 Exhibit A, #21 Exhibit B, #22 Exhibit C, #23 Exhibit D, #24 Exhibit E, #25 Exhibit F, #26 Exhibit G, #27 Exhibit H, #28 Exhibit I, #29 Exhibit J, #30 Exhibit K, #31 Exhibit L, #32 Exhibit M, #33 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 21 Unopposed MOTION for Leave to File Excess Pages by Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 20 AMENDED COMPLAINT against Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration, filed by En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association, Cuba Libre Enterprises LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 19 ANSWER to #1 Complaint, by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration.(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 18 MOTION to Transfer by Scott Gottlieb, M.D., Eric D. Hargan, United States Department of Health and Human Services, United States Food And Drug Administration. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Text of Proposed Order)(Beckenhauer, Eric) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 17 SUMMONS Returned Executed by En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association, Cuba Libre Enterprises LLC. United States Food And Drug Administration served on 2/15/2018, answer due 4/16/2018. (Meltzer, Ryan) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 16 SUMMONS Returned Executed by En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association, Cuba Libre Enterprises LLC. Scott Gottlieb, M.D. served on 2/15/2018, answer due 4/16/2018. (Meltzer, Ryan) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 15 SUMMONS Returned Executed by En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association, Cuba Libre Enterprises LLC. Eric D. Hargan served on 1/18/2018, answer due 3/19/2018. (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 14 SUMMONS Returned Executed by En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association, Cuba Libre Enterprises LLC. United States Department of Health and Human Services served on 1/18/2018, answer due 3/19/2018. (Attachments: #1 Exhibit Proof of Service for Alan Jackson, #2 Exhibit Proof of Service for Jefferson Sessions)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 13 NOTICE of Attorney Appearance by Michael James Edney on behalf of All Plaintiffs (Edney, Michael) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 12 Summons Issued as to Scott Gottlieb, M.D. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 11 Summons Issued as to Eric D. Hargan. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 10 Summons Issued as to United States Food And Drug Administration. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 9 Summons Issued as to United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons to Attorney General Jefferson Sessions)(rpc, ) (Additional attachment(s) added on 1/12/2018: #2 Summons(es) Alan R. Jackson) (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 8 ***FILED IN ERROR. PLEASE IGNORE. SEE #10 *** SUMMONS Issued as to United States Food And Drug Administration. (rpc, ) Modified on 1/12/2018 (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 7 ***FILED IN ERROR. PLEASE IGNORE. SEE #9 *** SUMMONS Issued as to United States Department of Health and Human Services. (rpc, ) Modified on 1/12/2018 (rpc, ). [Transferred from Texas Eastern on 7/31/2018.] |
| ***FILED IN ERROR. Document # 7, SUMMONS Issued as to United States Department of Health and Human Services. PLEASE IGNORE.*** (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| ***FILED IN ERROR. Document # 8, SUMMONS Issued as to United States Food And Drug Administration. PLEASE IGNORE.*** (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Case Assigned to District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (rpc, ) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 6 NOTICE of Attorney Appearance by Ryan Eric Meltzer on behalf of All Plaintiffs (Meltzer, Ryan) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 5 NOTICE of Attorney Appearance by Elizabeth Siebman Forrest on behalf of Cuba Libre Enterprises LLC, En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association (Forrest, Elizabeth) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Texas Cigar Merchants Association (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Cuba Libre Enterprises LLC (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by En Fuego Tobacco Shop LLC (Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
| Filing 1 COMPLAINT against United States Food And Drug Administration, United States Department of Health and Human Services, Eric D Hargan, Scott Gottlieb, M.D. ( Filing fee $ 400 receipt number 0540-6618114.), filed by En Fuego Tobacco Shop LLC, Texas Cigar Merchants Association, Cuba Libre Enterprises LLC. (Attachments: #1 Civil Cover Sheet)(Siebman, Clyde) [Transferred from Texas Eastern on 7/31/2018.] |
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