PHILIP MORRIS USA, INC. et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
| SHERMAN GROUP HOLDINGS LLC and PHILIP MORRIS USA, INC. |
| ALEX AZAR, UNITED STATES FOOD AND DRUG ADMINISTRATION, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ALEX M. AZAR, II, JANET WOODCOCK and NORRIS COCHRAN |
| PUBLIC HEALTH LAW CENTER, PUBLIC CITIZEN, AMERICAN ACADEMY OF OTOLARYNGOLOGY-HEAD AND NECK SURGERY, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN THORACIC SOCIETY, CAMPAIGN FOR TOBACCO-FREE KIDS, COPD FOUNDATION, MARCH OF DIMES, MEDICAL SOCIETY OF THE DISTRICT OF COLUMBIA, NATIONAL BLACK NURSES ASSOCIATION, NATIONAL HISPANIC MEDICAL ASSOCIATION, SOCIETY FOR CARDIOVASCULAR ANGIOGRAPHY AND INTERVENTIONS, TRUTH INITIATIVE, STATE OF COLORADO, STATE OF IDAHO, STATE OF IOWA, STATE OF ALASKA, STATE OF CALIFORNIA, STATE OF CONNECTICUT, DISTRICT OF COLUMBIA, STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF MONTANA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF UTAH, STATE OF VERMONT, COMMONWEALTH OF VIRGINIA, STATE OF WASHINGTON and COMMONWEALTH OF PENNSYLVANIA |
| 1:2020cv01181 |
| May 6, 2020 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Florence Y Pan |
| Other Statutory Actions |
| 05 U.S.C. § 0706 Judicial Review of Agency Actions |
| None |
Docket Report
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This docket was last retrieved on February 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 76 NOTICE of Recent Development by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Exhibit A)(Andrews, Stephen) |
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Filing 75
TRANSCRIPT OF STATUS CONFERENCE before Judge Florence Y. Pan held on 10/27/2021. Page Numbers: 1-14. Date of Issuance: 11/19/2021. Stenographic Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. Transcripts may be ordered by submitting the |
MINUTE ORDER: Upon consideration of the parties' #74 Joint Status Report, the Court will continue to hold the cross motions for summary judgment in abeyance pending the resolution of the matter in the Eastern District of Texas, for the reasons stated during the hearing on October 27, 2021. Signed by Judge Florence Y. Pan on 11/24/21. (lcrl)
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| Filing 74 Joint STATUS REPORT by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Attachments: #1 Exhibit A - EDTX Order)(Andrews, Stephen) |
| Filing 73 NOTICE of Appearance by Whitney D. Hermandorfer on behalf of All Plaintiffs (Hermandorfer, Whitney) |
| Minute Entry for proceedings held before Judge Florence Y. Pan: Telephone Conference held on 10/27/2021. Plaintiff's Motion #46 for Preliminary Injunction is denied without prejudice. The Court will continue to hold the cross Motions for Summary Judgment in abeyance pending resolution of the matter in the District of Texas. The parties are directed to file another Status Report by 11/23/2021. (Court Reporter Nancy Meyer.) (zcdw) |
| Set/Reset Deadlines/Hearings: Telephone Conference set for 10/27/2021 at 3:00 PM before Judge Florence Y. Pan. (zcdw) |
| Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) |
| Filing 72 NOTICE OF WITHDRAWAL OF APPEARANCE as to PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. Attorney Matthew James Greer terminated. (Greer, Matthew) |
| NOTICE OF ERROR re #71 Notice (Other); emailed to sandrews@wc.com, cc'd 26 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE - Counsel is reminded signature must match login/password (zjf, ) |
| Filing 71 NOTICE of Recent Development by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Exhibit A - EDTX Order)(Andrews, Stephen) |
| Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) |
| Filing 70 NOTICE OF WITHDRAWAL OF APPEARANCE as to PUBLIC HEALTH LAW CENTER. Attorney Susannah Landes Foster Weaver terminated. (Weaver, Susannah) |
| Filing 69 NOTICE of Appearance by Deepak Gupta on behalf of PUBLIC HEALTH LAW CENTER (Gupta, Deepak) |
| Filing 68 Joint STATUS REPORT by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Attachments: #1 Exhibit A - E.D. Tex. Order, #2 Exhibit B - Status Conference Transcript)(Andrews, Stephen) |
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MINUTE ORDER denying as moot #67 Motion to Continue Status Conference. This Court had previously decided to require a status report in lieu of the upcoming status conference. Should Defendants desire to have a status conference at a later date, they may file a motion requesting such a conference. Signed by Judge Ketanji Brown Jackson on 5/14/2021. (jag)
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MINUTE ORDER. It is hereby ORDERED that the Status Conference currently set for 5/24/2021 is VACATED, and that on or before 6/18/2021, the parties shall file a joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/14/2021. (jag)
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| Filing 67 MOTION to Continue Status Conference by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Attachments: #1 Text of Proposed Order)(Andrews, Stephen) |
| Filing 66 TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 03/08/2021. Page Numbers: 1-16. Date of Issuance: 03/22/2021. Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. 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 purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have 21 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 4/14/2021. Redacted Transcript Deadline set for 4/24/2021. Release of Transcript Restriction set for 6/22/2021.(Meyer, Nancy) |
| Minute Entry for video proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 3/8/2021. ORDERED that the parties' pending cross-motions for summary judgment and Plaintiffs' motion for a preliminary injunction shall be HELD IN ABEYANCE until further order of the Court. It is FURTHER ORDERED that the parties shall appear before Judge Ketanji Brown Jackson for a Telephonic/VTC Status Conference on 5/24/21 at 2:30pm. (Court Reporter Nancy Meyer) (zgdf) |
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MINUTE ORDER. The parties appeared before the Court on 3/8/21 for a status conference. In light of the representations made by counsel during the conference, it is hereby ORDERED that the parties' pending cross-motions for summary judgment and Plaintiffs' motion for a preliminary injunction shall be HELD IN ABEYANCE until further order of the Court. It is FURTHER ORDERED that the parties shall appear before Judge Ketanji Brown Jackson for a Telephonic/VTC Status Conference on 5/24/21 at 2:30pm. At that conference, the parties shall come prepared to discuss any recent developments in the parallel litigation in the Eastern District of Texas, and Plaintiffs shall clarify whether they intend to proceed with their motion for a preliminary injunction. Signed by Judge Ketanji Brown Jackson on 3/8/2021. (lcnj)
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| Filing 65 NOTICE of Recent Development by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Exhibit A - EDTX Order)(Blatt, Lisa) |
| Filing 64 Joint MOTION to Continue Status Conference by ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: #1 Text of Proposed Order)(Pezzi, Stephen) |
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MINUTE ORDER granting the parties' #64 Joint Motion to Continue Status Conference. It is hereby ORDERED that the Telephonic/VTC Status Conference that is currently set for 2/19/2021 at 11:00AM is VACATED and RESET for 3/8/2021 at 11:00AM. Access information will be provided to counsel by email; information on public access to this proceeding can be found on the Court's website. Signed by Judge Ketanji Brown Jackson on 2/11/2021. (lcnj)
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MINUTE ORDER. The Court is in receipt of Plaintiffs' combined motion for summary judgment and motion for a preliminary injunction and Defendants' cross-motion for summary judgment, as well as the parties' briefs pertaining to these ripe motions. As the Court understands it, Plaintiffs seek a preliminary injunction to avoid incurring various costs of preparing to comply with the agency rule at issue. It is hereby ORDERED that the parties shall appear for a Telephonic/VTC Status Conference before Judge Ketanji Brown Jackson on 2/19/21 at 11:00 AM. The parties shall be prepared to discuss whether Plaintiffs' alleged need for preliminary injunctive relief could be obviated by granting Plaintiffs leave to file a motion for additional time to comply, if necessary, at the time that the Court rules on the merits of Plaintiffs' claims, or by any other means of addressing Plaintiffs' various compliance concerns. Signed by Judge Ketanji Brown Jackson on 2/3/2021. (lcnj)
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| Filing 63 JOINT APPENDIX Volume 9 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 62 JOINT APPENDIX Volume 8 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 61 JOINT APPENDIX Volume 7 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 60 JOINT APPENDIX Volume 6 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 59 JOINT APPENDIX Volume 5 (part 3 of 3) by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 58 JOINT APPENDIX Volume 5 (part 2 of 3) by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 57 JOINT APPENDIX Volume 5 (part 1 of 3) by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 56 JOINT APPENDIX Volume 4 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 55 JOINT APPENDIX Volume 3 (part 2 of 2) by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 54 JOINT APPENDIX Volume 3 (part 1 of 2) by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 53 JOINT APPENDIX Volume 2 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 52 JOINT APPENDIX Volume 1 by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 51 REPLY to opposition to motion re #47 Cross MOTION for Summary Judgment filed by ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: #1 Exhibit 1 - Peer Review Report, #2 Exhibit 2 - FDA Response to Peer Review Report)(Baer, Michael) |
| Filing 50 Memorandum in opposition to re #47 Cross MOTION for Summary Judgment filed by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 49 REPLY to opposition to motion re #46 MOTION for Summary Judgment MOTION for Preliminary Injunction filed by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Blatt, Lisa) |
| Filing 48 RESPONSE re #46 MOTION for Summary Judgment MOTION for Preliminary Injunction and Memorandum in Support of Defendants' Cross-Motion for Summary Judgment filed by ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: #1 Exhibit 1 - Proposed Rule, #2 Exhibit 2 - Final Rule)(Baer, Michael) |
| Filing 47 Cross MOTION for Summary Judgment by ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Proposed Rule, #3 Exhibit 2 - Final Rule, #4 Text of Proposed Order)(Baer, Michael) |
| Filing 46 MOTION for Summary Judgment , MOTION for Preliminary Injunction by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Attachments: #1 Exhibit 1 - Declaration of Andrea Rae Vansickel, #2 Exhibit 2 - Declaration of Michael Golden, #3 Exhibit 3 - Declaration of Yvonne DeVerry, #4 Text of Proposed Order Granting Preliminary Injunction, #5 Text of Proposed Order Granting Summary Judgment)(Blatt, Lisa) |
| Filing 45 NOTICE of Service by ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: #1 Reply Brief in Support of Cross-Motion for Summary Judgment, #2 Exhibit 1 - Peer Review Report, #3 Exhibit 2 - FDA Response to Peer Review Report)(Baer, Michael) |
| Filing 44 NOTICE of Appearance by Jesse Thomas Clay on behalf of All Plaintiffs (Clay, Jesse) |
| Filing 43 NOTICE of Appearance by Richard Simon Cleary, Jr on behalf of All Plaintiffs (Cleary, Richard) |
| Filing 42 NOTICE of Recent Development by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Exhibit A - EDTX Order)(Blatt, Lisa) |
| Filing 41 NOTICE of Service by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Consolidated Reply in Support of Motion for Summary Judgment and a Preliminary Injunction and Opposition to Cross-Motion for Summary Judgment)(Blatt, Lisa) |
| Filing 40 NOTICE OF WITHDRAWAL OF APPEARANCE as to PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. Attorney Whitney D. Hermandorfer terminated. (Hermandorfer, Whitney) |
| Filing 39 AMICUS BRIEF by AMERICAN ACADEMY OF OTOLARYNGOLOGY-HEAD AND NECK SURGERY, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN THORACIC SOCIETY, CAMPAIGN FOR TOBACCO-FREE KIDS, COPD FOUNDATION, MARCH OF DIMES, MEDICAL SOCIETY OF THE DISTRICT OF COLUMBIA, NATIONAL BLACK NURSES ASSOCIATION, NATIONAL HISPANIC MEDICAL ASSOCIATION, SOCIETY FOR CARDIOVASCULAR ANGIOGRAPHY AND INTERVENTIONS, TRUTH INITIATIVE. (zjf) |
| Filing 38 AMICUS BRIEF by PUBLIC CITIZEN. (zjf) |
| Filing 37 AMICUS BRIEF by PUBLIC HEALTH LAW CENTER. (zjf) |
| Filing 36 NOTICE of Appearance by Eric R. Olson on behalf of COMMONWEALTH OF PENNSYLVANIA (Olson, Eric) |
| Filing 35 AMICUS BRIEF AMENDED by COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF ALASKA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAII, STATE OF IDAHO, STATE OF ILLINOIS, STATE OF IOWA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF MONTANA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF UTAH, STATE OF VERMONT, STATE OF WASHINGTON, COMMONWEALTH OF PENNSYLVANIA. (Olson, Eric) |
| Filing 34 NOTICE of Appearance by Eric R. Olson on behalf of COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF ALASKA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAII, STATE OF IDAHO, STATE OF ILLINOIS, STATE OF IOWA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF MONTANA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF UTAH, STATE OF VERMONT, STATE OF WASHINGTON (Olson, Eric) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #32 Proposed MOTION for Leave to Appear Amicus Curiae was entered in error per counsel request. (eg) |
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MINUTE ORDER granting #25 , #26 , #30 Motion for Leave to File Amicus Brief. Signed by Judge Ketanji Brown Jackson on 10/16/2020. (jag)
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| Filing 33 AMICUS BRIEF by STATE OF COLORADO, STATE OF IDAHO, STATE OF IOWA, STATE OF ALASKA, STATE OF CALIFORNIA, STATE OF CONNECTICUT, DISTRICT OF COLUMBIA, STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF MONTANA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF UTAH, STATE OF VERMONT, COMMONWEALTH OF VIRGINIA, STATE OF WASHINGTON. (Olson, Eric) |
| Filing 32 ENTERED IN ERROR.....Proposed MOTION for Leave to Appear Amicus Curiae by STATE OF COLORADO (Olson, Eric) Modified on 10/16/2020 (eg). |
| Filing 31 NOTICE of Appearance by Dennis A. Henigan on behalf of AMERICAN ACADEMY OF OTOLARYNGOLOGY-HEAD AND NECK SURGERY, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN THORACIC SOCIETY, CAMPAIGN FOR TOBACCO-FREE KIDS, COPD FOUNDATION, MARCH OF DIMES, MEDICAL SOCIETY OF THE DISTRICT OF COLUMBIA, NATIONAL BLACK NURSES ASSOCIATION, NATIONAL HISPANIC MEDICAL ASSOCIATION, SOCIETY FOR CARDIOVASCULAR ANGIOGRAPHY AND INTERVENTIONS, TRUTH INITIATIVE (Henigan, Dennis) |
| Filing 30 Unopposed MOTION for Leave to File Brief of Amici Curiae by AMERICAN ACADEMY OF OTOLARYNGOLOGY-HEAD AND NECK SURGERY, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN THORACIC SOCIETY, CAMPAIGN FOR TOBACCO-FREE KIDS, COPD FOUNDATION, MARCH OF DIMES, MEDICAL SOCIETY OF THE DISTRICT OF COLUMBIA, NATIONAL BLACK NURSES ASSOCIATION, NATIONAL HISPANIC MEDICAL ASSOCIATION, SOCIETY FOR CARDIOVASCULAR ANGIOGRAPHY AND INTERVENTIONS, TRUTH INITIATIVE (Attachments: #1 Text of Proposed Order, #2 Exhibit Proposed Amici Brief, #3 Exhibit Description of Amici)(Henigan, Dennis) |
| Filing 29 NOTICE of Appearance by Allison Marcy Zieve on behalf of PUBLIC CITIZEN (Zieve, Allison) |
| Filing 28 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN (Joshi, Nandan) |
| Filing 27 NOTICE of Appearance by Nandan M. Joshi on behalf of PUBLIC CITIZEN (Joshi, Nandan) |
| Filing 26 Unopposed MOTION for Leave to File Brief of Amicus Curiae by PUBLIC CITIZEN (Attachments: #1 Text of Proposed Order, #2 Exhibit Proposed Amicus Brief)(Joshi, Nandan) |
| Filing 25 Consent MOTION for Leave to File Amicus Brief by Public Health Law Center (Attachments: #1 Exhibit A - Amicus Brief of Public Health Law Center, #2 Text of Proposed Order)(Weaver, Susannah) |
| NOTICE OF ERROR re #25 Motion for Leave to File; emailed to susannah@donahuegoldberg.com, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. FYI- Parties are always added in CAPS (zjf, ) |
| Filing 24 NOTICE of Service by ALEX AZAR, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: #1 Cross-Motion for Summary Judgment, Memorandum in Support, and Opposition to Plaintiffs' Motion for Summary Judgment and a Preliminary Injunction, #2 Exhibit 1 - Proposed Rule, #3 Exhibit 2 - Final Rule, #4 Text of Proposed Order)(Baer, Michael) Modified on 10/9/2020 to correct filing date (zjf). |
| Filing 23 NOTICE OF WITHDRAWAL OF APPEARANCE as to PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. Attorney John F Pararas terminated. (Pararas, John) |
| Filing 22 NOTICE of Service by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Memorandum in Support and Motion for Summary Judgment and a Preliminary Injunction, #2 Exhibit 1 - Declaration of Andrea Rae Vansickel, #3 Exhibit 2 - Declaration of Michael Golden, #4 Exhibit 3 - Declaration of Yvonne DeVerry, #5 Text of Proposed Order Granting a Preliminary Injunction, #6 Text of Proposed Order Granting Summary Judgment)(Blatt, Lisa) |
| Filing 21 NOTICE of Filing of Certified List of the Contents of the Administrative Record by ALEX AZAR, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: #1 Exhibit 1 - Administrative Record Certification, #2 Exhibit 2 - Smith Declaration, #3 Exhibit 3 - Administrative Record Index)(Baer, Michael) |
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Filing 20
ORDER construing #15 Motion for Entry of Agreed-Upon Scheduling Order as motion seeking schedule for briefing summary judgment, and so construed, GRANTING the motion, and setting the following deadlines: Defendants shall serve the Administrative Record on Plaintiffs and file the Certified List of Contents of the Administrative Record on or before 7/28/2020; Plaintiffs shall serve their Motion for Summary Judgment on or before 8/5/2020; Defendants shall serve their Consolidated Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment on or before 9/30/2020; Plaintiffs shall serve their Consolidated Reply in Support of their Motion for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment on or before 11/11/2020; Defendants shall serve their Reply in Support of Their Cross-Motion for Summary Judgment on or before 12/16/2020; the parties shall file the Joint Appendix on or before 1/8/2021; all briefs shall be filed as a batch within three business days of the service of the last reply brief authorized by this Scheduling Order, but in any event no later than the Final Filing Deadline of 1/29/2021. See attached order for additional details. Signed by Judge Ketanji Brown Jackson on 7/6/2020. (jag) (zgdf).
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| Filing 19 NOTICE of Appearance by Sarah M. Harris on behalf of All Plaintiffs (Harris, Sarah) |
| Filing 18 NOTICE of Appearance by John F Pararas on behalf of All Plaintiffs (Pararas, John) |
| Filing 17 NOTICE of Appearance by Matthew James Greer on behalf of All Plaintiffs (Greer, Matthew) |
| Filing 16 NOTICE of Appearance by Stephen Darren Andrews on behalf of All Plaintiffs (Andrews, Stephen) |
| Filing 15 Joint MOTION for Scheduling Order by ALEX AZAR, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Pezzi, Stephen) |
| Filing 14 NOTICE of Appearance by Michael Hendry Baer on behalf of All Defendants (Baer, Michael) |
| Filing 13 NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (Pezzi, Stephen) |
| Filing 12 NOTICE of Appearance by Whitney D. Hermandorfer on behalf of PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Hermandorfer, Whitney) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/26/2020 (Blatt, Lisa) |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX AZAR served on 5/26/2020 (Blatt, Lisa) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/22/2020. (Blatt, Lisa) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/10/2020. (Blatt, Lisa) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEPHEN M. HAHN served on 5/11/2020 (Blatt, Lisa) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOOD AND DRUG ADMINISTRATION served on 5/11/2020 (Blatt, Lisa) |
| Filing 5 NOTICE of Recent Development by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Attachments: #1 Exhibit A - EDTX Order)(Blatt, Lisa) |
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Filing 4
GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 5/8/2020. (jag)
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| Filing 3 SUMMONS (6) Issued Electronically as to ALEX AZAR, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC (Blatt, Lisa) |
| Filing 1 COMPLAINT against ALEX AZAR, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number ADCDC-7096313) filed by PHILIP MORRIS USA, INC., SHERMAN GROUP HOLDINGS LLC. (Attachments: #1 Exhibit Exhibit 1 - Altria Comment, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Blatt, Lisa) |
| Case Assigned to Judge Ketanji Brown Jackson. (adh, ) |
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