SWISHER INTERNATIONAL, INC. v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
Plaintiff: SWISHER INTERNATIONAL, INC.
Defendant: UNITED STATES FOOD AND DRUG ADMINISTRATION, JANET WOODCOCK, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, XAVIER BECERRA and ROBERT M. CALIFF
Amicus Curiae: CAMPAIGN FOR TOBACCO-FREE KIDS
Case Number: 1:2022cv00954
Filed: April 8, 2022
Court: US District Court for the District of Columbia
Presiding Judge: Christopher R Cooper
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2022 Opinion or Order Filing 74 AMENDED COMPLAINT against All Defendants filed by SWISHER INTERNATIONAL, INC..(Walker, Helgi)
April 25, 2022 Opinion or Order MINUTE ORDER: Having reviewed the #66 Notice of Related Case, and the plaintiff's #67 Response, the Court finds that this case is not related to Civil Action No. 16-cv-1460. "The general rule governing all new cases filed in this courthouse is that they are to be randomly assigned." Tripp v. Exec. Office of President, 196 F.R.D. 201, 202 (D.D.C. 2000). Local Civil Rule 40.5(a)(3) provides an exception for related cases. Two or more cases are related if they "(i) relate to common property, or (ii) involve common issues of fact, or (iii) grow out of the same event or transaction or (iv) involve the validity or infringement of the same patent." LCvR 40.5(a)(3). "The party requesting the related-case designation," here the defendants, "bears the burden of showing that the cases are related under Local Civil Rule 40.5." Dakota Rural Action v. USDA, No. 18-cv-2852 (BAH), 2019 WL 1440134, at *1 (D.D.C. Apr. 1, 2019) (citation omitted).The defendants have not met their burden of showing the cases are legally related. Although this case and No. 16-cv-1460 both challenge the FDA's Deeming Rule, they involve different plaintiffs and different claims. Civil Action No. 16-cv-1460 is now more narrowly focused on "premium" cigars, whereas this case involves different and broader claims and issues. The Court also notes that there have been several cases involving challenges to the Deeming Rule handled by different Judges in this district, including the undersigned, as well as in other federal district courts. For these reasons, and the others stated in the plaintiff's #67 Response, the Court concludes that Civil Action No. 22-cv-954 and Civil Action No. 16-cv-1460 are not related and that reassignment would not materially further the efficient resolution of this case. Signed by Judge Christopher R. Cooper on 4/25/2022. (lccrc3)
April 18, 2022 Opinion or Order Filing 73 Joint MOTION to Lift Stay re #54 Order on Motion to Stay, , Joint MOTION for Scheduling Order by SWISHER INTERNATIONAL, INC.. (Attachments: #1 Proposed Order)(Walker, Helgi)
April 18, 2022 Opinion or Order MINUTE ORDER: The Court grants the #73 Joint Motion to Lift Stay and Adopt Proposed Briefing Schedule. The stay in this case is hereby lifted, and the Court sets the following deadlines. Plaintiff shall file any amended complaint on or before April 29, 2022. Defendants shall file an answer or otherwise respond to any amended complaint on or before June 13, 2022. So Ordered by Judge Christopher R. Cooper on 4/18/2022. (lccrc3)
April 15, 2022 Opinion or Order Filing 72 NOTICE of Appearance by Aaron Smith on behalf of SWISHER INTERNATIONAL, INC. (Smith, Aaron)
April 13, 2022 Opinion or Order Filing 71 NOTICE of Appearance by Michael Lockamy on behalf of SWISHER INTERNATIONAL, INC. (Lockamy, Michael)
April 12, 2022 Opinion or Order Filing 70 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael E. Lockamy, :Firm- Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., :Address- 101 East Adams Street, Jacksonville, FL 32202, :Phone No.- 904-354-0211 x123 Filing fee $ 100, receipt number ADCDC-9165393. Fee Status: Fee Paid. by SWISHER INTERNATIONAL, INC.. (Attachments: #1 Declaration Declaration of Michael E. Lockamy, #2 Text of Proposed Order Proposed Order)(Walker, Helgi)
April 12, 2022 Opinion or Order MINUTE ORDER: Plaintiff's #70 Motion for Leave to Appear Pro Hac Vice is hereby granted. Attorney Michael E. Lockamy is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Christopher R. Cooper on 4/12/2022. (lccrc3)
April 11, 2022 Opinion or Order Filing 69 NOTICE of Appearance by Zachary B. Copeland on behalf of SWISHER INTERNATIONAL, INC. (Copeland, Zachary)
April 11, 2022 Opinion or Order Filing 68 NOTICE of Appearance by John Hail Heyburn on behalf of SWISHER INTERNATIONAL, INC. (Heyburn, John) (Main Document 68 replaced on 4/11/2022) (znmw).
April 11, 2022 Opinion or Order Filing 67 RESPONSE re #66 Notice of Related Case filed by SWISHER INTERNATIONAL, INC.. (Walker, Helgi)
April 8, 2022 Opinion or Order Filing 66 NOTICE OF RELATED CASE by XAVIER BECERRA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, JANET WOODCOCK. Case related to Case No. 16-cv-1460. (Konkoly, Antonia)
April 8, 2022 Opinion or Order Filing 65 Case transferred in from District of Florida Middle; Case Number 3:21-cv-00764. Original file certified copy of transfer order and docket sheet received.
April 5, 2022 Opinion or Order Filing 64 ORDER directing the Clerk to TRANSFER this case to the United States District Court for the District of Columbia. Signed by Judge Brian J. Davis on 4/5/2022. (AMP) [Transferred from Florida Middle on 4/8/2022.]
April 1, 2022 Opinion or Order Filing 63 JOINT NOTICE Regarding Appeal by Swisher International, Inc. re #54 Order on Motion to Stay (Lockamy, Michael) (Modified on 4/4/2022 to edit docket text) (JDR). [Transferred from Florida Middle on 4/8/2022.]
March 28, 2022 Opinion or Order Filing 62 MANDATE of USCA as to #49 Notice of Interlocutory Appeal filed by Swisher International, Inc. Issued as Mandate: 03/28/2022 USCA number: 21-13088. (SJW) [Transferred from Florida Middle on 4/8/2022.]
February 3, 2022 Opinion or Order Filing 61 OPINION of USCA Decision: Affirmed as to #49 Notice of Interlocutory Appeal filed by Swisher International, Inc.. EOD: 2/3/22; Mandate to issue at a later date. USCA number: 21-13088-GG. (SJW) [Transferred from Florida Middle on 4/8/2022.]
October 13, 2021 Opinion or Order Filing 60 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #49 Notice of Interlocutory Appeal. Sealed documents will be available upon the request by the USCA in addition to the electronic record. (SJW) [Transferred from Florida Middle on 4/8/2022.]
September 20, 2021 Opinion or Order Filing 59 TRANSCRIPT information form filed by Swisher International, Inc. re #49 Notice of Interlocutory Appeal. USCA number: 21-13088. (Walker, Helgi) [Transferred from Florida Middle on 4/8/2022.]
September 16, 2021 Opinion or Order Filing 58 ENDORSED ORDER: #57 Defendants' Consent Motion for Clarification is GRANTED. The Court's September 9, 2021 Order #54 STAYED further proceedings in this case. Signed by Judge Brian J. Davis on 9/16/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
September 14, 2021 Opinion or Order Filing 57 Consent MOTION for Miscellaneous Relief, specifically Clarification by Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock. (Konkoly, Antonia) [Transferred from Florida Middle on 4/8/2022.]
September 10, 2021 Opinion or Order Filing 56 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko. (SMK) [Transferred from Florida Middle on 4/8/2022.]
September 10, 2021 Opinion or Order Filing 55 TRANSCRIPT of Motion Hearing held on 9/7/21 before Judge Brian J. Davis. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/1/2021 Redacted Transcript Deadline set for 10/12/2021 Release of Transcript Restriction set for 12/9/2021. (SMK) [Transferred from Florida Middle on 4/8/2022.]
September 9, 2021 Opinion or Order Case Stayed. (AEP) [Transferred from Florida Middle on 4/8/2022.]
September 9, 2021 Opinion or Order Filing 54 ORDER GRANTING #50 Plaintiff's Motion to Stay Transfer and Hold Further Proceedings In Abeyance. The Clerk shall stay transfer of this case pending further order. The parties shall immediately notify this Court once the appeal is resolved. Signed by Judge Brian J. Davis on 9/9/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
September 9, 2021 Opinion or Order Filing 53 TRANSMITTAL of Interlocutory appeal package to USCA consisting of copies of notice of appeal, order/judgment being appealed, and motion, if applicable to USCA re #49 Notice of Interlocutory Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (Attachments: #1 Notice of Interlocutory appeal, #2 Order)(SJW) [Transferred from Florida Middle on 4/8/2022.]
September 9, 2021 Opinion or Order Filing 52 RESPONSE to Motion re #50 MOTION to Stay re #48 Order on Motion for Preliminary InjunctionOrder on Motion for Miscellaneous Relief - Plaintiff's Motion to Stay Transfer and Hold Further Proceedings In Abeyance - filed by Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock. (Konkoly, Antonia) [Transferred from Florida Middle on 4/8/2022.]
September 8, 2021 Opinion or Order Filing 51 ORDER TAKING UNDER ADVISEMENT #50 Plaintiff's Motion to Stay Transfer and Hold Further Proceedings in Abeyance. The Clerk shall stay transfer of this case pending further order. Defendants shall respond to the Motion to Stay by September 9, 2021 at 10:00 a.m. or the Court will treat the Motion as unopposed. Signed by Judge Brian J. Davis on 9/8/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
September 8, 2021 Opinion or Order Filing 50 MOTION to Stay re #48 Order on Motion for Preliminary InjunctionOrder on Motion for Miscellaneous Relief - Plaintiff's Motion to Stay Transfer and Hold Further Proceedings In Abeyance - by Swisher International, Inc.. (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
September 7, 2021 Opinion or Order Filing 49 NOTICE OF INTERLOCUTORY APPEAL by Swisher International, Inc.. Filing fee not paid. (Walker, Helgi) [Transferred from Florida Middle on 4/8/2022.]
September 7, 2021 Opinion or Order Filing 48 ORDER DENYING #2 Plaintiff's Motion for an Emergency Preliminary Injunction; GRANTING #32 Defendants' Motion to Transfer. The Clerk shall TRANSFER this case to the United States District Court for the District of Columbia. Signed by Judge Brian J. Davis on 9/7/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
September 7, 2021 Opinion or Order Filing 47 Minute Entry. Virtual Proceedings held before Judge Brian J. Davis: MOTION HEARING held on 9/7/2021. Defendants' Motion to Transfer (Doc. #32 remains under advisement. Court Reporter: Shelli Kozachenko (CKS) [Transferred from Florida Middle on 4/8/2022.]
September 7, 2021 Opinion or Order FEE PAID. Appeal fee, Receipt No. AFLMDC-18677601 for $505 paid Notice for appeal to the Eleventh Circuit Court of Appeals. (Walker, Helgi) [Transferred from Florida Middle on 4/8/2022.]
September 3, 2021 Opinion or Order Filing 46 NOTICE OF REMOTE HEARING: Defendants' Motion to Transfer (Doc. #32 ) is scheduled for hearing to be held on Tuesday, 9/7/2021 at 10:00 AM via Zoom. See order for details. (AMP) [Transferred from Florida Middle on 4/8/2022.]
September 2, 2021 Opinion or Order Filing 45 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko. (SMK) [Transferred from Florida Middle on 4/8/2022.]
September 2, 2021 Opinion or Order Filing 44 TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on 9/1/21 before Judge Brian J. Davis. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/23/2021 Redacted Transcript Deadline set for 10/4/2021 Release of Transcript Restriction set for 12/1/2021. (SMK) [Transferred from Florida Middle on 4/8/2022.]
September 1, 2021 Opinion or Order Filing 43 Minute Entry. Virtual Proceedings held before Judge Brian J. Davis: HEARING held on 9/1/2021 re #2 Plaintiff's Motion for an Emergency Preliminary Injunction filed by Swisher International, Inc. The motion is under advisement. Court Reporter: Shelli Kozachenko (CKS) [Transferred from Florida Middle on 4/8/2022.]
August 30, 2021 Opinion or Order Filing 42 NOTICE OF REMOTE HEARING: Plaintiff's Motion for an Emergency Preliminary Injunction (Doc. #2 ) is scheduled for hearing to be held on Wednesday, 9/1/2021 at 10:00 AM via Zoom. See order for details.(AMP) [Transferred from Florida Middle on 4/8/2022.]
August 26, 2021 Opinion or Order Sealed Document, S-41. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 25, 2021 Opinion or Order Filing 40 ORDER granting #38 Motion to Seal. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 8/25/2021. (JDM) [Transferred from Florida Middle on 4/8/2022.]
August 24, 2021 Opinion or Order Filing 39 RESPONSE in Opposition re #32 MOTION for Miscellaneous Relief, specifically Transfer -- Opposition to Defendants' Motion to Transfer filed by Swisher International, Inc.. (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 20, 2021 Opinion or Order Filing 38 Unopposed MOTION to Seal by Swisher International, Inc.. (Lockamy, Michael) Motions referred to Magistrate Judge Joel B. Toomey. [Transferred from Florida Middle on 4/8/2022.]
August 20, 2021 Opinion or Order Filing 37 REPLY to Response to Motion re #2 Emergency MOTION for Preliminary Injunction filed by Swisher International, Inc.. (Attachments: #1 Exhibit A, #2 Supplemental Declaration of Jeffrey Rossi, #3 Exhibit A to Supplemental Declaration of Jeffrey Rossi, #4 Exhibit B to Supplemental Declaration of Jeffrey Rossi, #5 Exhibit C to Supplemental Declaration of Jeffrey Rossi)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 20, 2021 Opinion or Order Filing 36 ENDORSED ORDER: #35 Plaintiff's Motion for Extension of Time is DENIED. Plaintiff shall respond to #32 Defendants' Motion to Transfer on or before August 24, 2021. Signed by Judge Brian J. Davis on 8/20/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
August 19, 2021 Opinion or Order Filing 35 MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Miscellaneous Relief, specifically Transfer by Swisher International, Inc.. (Attachments: #1 Exhibit A)(Lockamy, Michael) Motions referred to Magistrate Judge Joel B. Toomey. [Transferred from Florida Middle on 4/8/2022.]
August 19, 2021 Opinion or Order Filing 34 ENDORSED ORDER: On or before August 24, 2021, Plaintiff shall respond to #32 Defendants' Motion to Transfer. Signed by Judge Brian J. Davis on 8/19/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
August 19, 2021 Opinion or Order Filing 33 RESPONSE in Opposition re #2 Emergency MOTION for Preliminary Injunction filed by Campaign for Tobacco-Free Kids. (KEM) [Transferred from Florida Middle on 4/8/2022.]
August 18, 2021 Opinion or Order Filing 32 MOTION for Miscellaneous Relief, specifically Transfer by Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Konkoly, Antonia) [Transferred from Florida Middle on 4/8/2022.]
August 18, 2021 Opinion or Order Filing 31 ENDORSED ORDER: #29 Plaintiff's Unopposed Motion for Extension of Time and Enlargement of Page Limit is GRANTED. On or before August 20, 2021, Plaintiff shall file its reply brief of no more than fifteen (15) pages. Signed by Judge Brian J. Davis on 8/18/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
August 18, 2021 Opinion or Order Filing 30 ENDORSED ORDER: #28 Unopposed Motion for Leave to File Brief Amicus Curiae is GRANTED. The Clerk of the Court shall file Doc. 28.1 as a standalone docket entry. Signed by Judge Brian J. Davis on 8/18/2021. (AMP) [Transferred from Florida Middle on 4/8/2022.]
August 17, 2021 Opinion or Order Filing 29 Unopposed MOTION for Extension of Time to File Reply Brief and for Leave to Extend Page Limit by Swisher International, Inc.. (Lockamy, Michael) Motions referred to Magistrate Judge Joel B. Toomey. [Transferred from Florida Middle on 4/8/2022.]
August 17, 2021 Opinion or Order Filing 28 Unopposed MOTION for Leave to File Amicus Brief by Campaign for Tobacco-Free Kids. (Attachments: #1 Exhibit Exhibit A - Proposed Amicus Brief)(Alpert Lawson, Sara) [Transferred from Florida Middle on 4/8/2022.]
August 16, 2021 Opinion or Order Filing 27 RESPONSE in Opposition re #2 Emergency MOTION for Preliminary Injunction filed by Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock. (Attachments: #1 Exhibit 1, #2 Declaration of Mitchell Zeller)(Konkoly, Antonia) [Transferred from Florida Middle on 4/8/2022.]
August 16, 2021 Opinion or Order Filing 26 NOTICE of Appearance by Antonia Konkoly on behalf of Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock (Konkoly, Antonia) [Transferred from Florida Middle on 4/8/2022.]
August 16, 2021 Opinion or Order Filing 25 NOTICE of Appearance by Laurel H. Lum on behalf of Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock (Lum, Laurel) [Transferred from Florida Middle on 4/8/2022.]
August 16, 2021 Opinion or Order Filing 24 Joint NOTICE Regarding Evidentiary Hearing by Swisher International, Inc. (Lockamy, Michael) Modified text on 8/17/2021. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 13, 2021 Opinion or Order Filing 23 NOTICE of Appearance by Sara Louise Alpert Lawson on behalf of Campaign for Tobacco-Free Kids (Alpert Lawson, Sara) [Transferred from Florida Middle on 4/8/2022.]
August 13, 2021 Opinion or Order Filing 22 NOTICE of filing proposed order by Swisher International, Inc. re #2 Emergency MOTION for Preliminary Injunction (Attachments: #1 Proposed Order)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 12, 2021 Opinion or Order Sealed Document, S-21. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 10, 2021 Opinion or Order Filing 20 RETURN of service executed on 8/6/2021 as to Xavier Becerra by Swisher International, Inc. (Lockamy, Michael) Modified text on 8/11/2021. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 10, 2021 Opinion or Order Filing 19 RETURN of service executed on 8/6/2021 as to United States Department of Health and Human Services by Swisher International, Inc. (Lockamy, Michael) Modified text on 8/11/2021. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 10, 2021 Opinion or Order Filing 18 RETURN of service executed on 8/6/2021 as to Janet Woodcock by Swisher International, Inc. (Lockamy, Michael) Modified text on 8/11/2021. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 10, 2021 Opinion or Order Filing 17 RETURN of service executed on 8/6/2021 as to United States Food and Drug Administration by Swisher International, Inc. (Lockamy, Michael) Modified text on 8/11/2021. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 9, 2021 Opinion or Order Filing 16 NOTICE of compliance re #12 Order on Motion for Preliminary Injunction by Swisher International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 6, 2021 Opinion or Order Filing 15 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) [Transferred from Florida Middle on 4/8/2022.]
August 6, 2021 Opinion or Order Filing 14 SUMMONS issued as to Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock. (AEP) [Transferred from Florida Middle on 4/8/2022.]
August 5, 2021 Opinion or Order Filing 13 ORDER granting #5 Swisher's Motion for Leave to File Under Seal. On or before August 12, 2021, Plaintiff shall submit the subject documents to be filed under seal. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 8/5/2021. (RLS) [Transferred from Florida Middle on 4/8/2022.]
August 5, 2021 Opinion or Order Filing 12 ORDER taking under advisement #2 Motion for Preliminary Injunction. See Order for details. Signed by Judge Brian J. Davis on 8/5/2021. (MCW) [Transferred from Florida Middle on 4/8/2022.]
August 5, 2021 Opinion or Order Filing 11 ENDORSED ORDER granting #6 #7 Motions for Admission Pro Hac Vice. If Helgi C. Walker, Esq. and Matt Gregory, Esq. have not already done so, they each shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 8/5/2021. (RLS) [Transferred from Florida Middle on 4/8/2022.]
August 5, 2021 Opinion or Order Filing 10 NOTICE by Swisher International, Inc. re #7 MOTION for Matt S. Gregory to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18553859 for $150 , #6 MOTION for Helgi C. Walker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18553848 for $150 (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 5, 2021 Opinion or Order Filing 9 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:21-cv-0764-BJD-JBT. (SJB) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 8 NOTICE by Swisher International, Inc. re #2 Emergency MOTION for Preliminary Injunction - Proposed Order on Plaintiff's Motion For an Emergency Preliminary Injunction (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 7 MOTION for Matt S. Gregory to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18553859 for $150 by Swisher International, Inc.. (Attachments: #1 Exhibit A - Oath on Admission - M. Gregory)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 6 MOTION for Helgi C. Walker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18553848 for $150 by Swisher International, Inc.. (Attachments: #1 Exhibit A - Oath on Admission - H. Walker)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 5 MOTION to Seal by Swisher International, Inc.. (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 4 CERTIFICATE of interested persons and corporate disclosure statement (Local Rule 3.03 Disclosure Statement) by Swisher International, Inc. identifying Corporate Parent Swisher International, Inc., Other Affiliate Swisher International Group, Inc., Other Affiliate Swisher Dominicana, Inc., Other Affiliate Swisher Dominicana Holdings, LLC, Other Affiliate SWI-DE, Holdings, LLC, Other Affiliate SWI-DE, LLC d/b/a Drew Estate, Other Affiliate Inferno Studios, LLC f/k/a Artist Project, LLC, Other Affiliate Swisher Rogue Holdings, LLC, Other Affiliate Rogue Holdings, LLC for Swisher International, Inc.. (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 3 REQUEST for oral argument re #2 Emergency MOTION for Preliminary Injunction by Swisher International, Inc.. (Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 2 Emergency MOTION for Preliminary Injunction by Swisher International, Inc.. (Attachments: #1 Declaration of Louis Caldropoli, #2 Declaration of Yalundia Johnson-Malden, #3 Declaration of Helgi C. Walker, #4 Declaration of Jonathan Orszag, #5 Declaration of Jeffrey Rossi)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]
August 4, 2021 Opinion or Order Filing 1 COMPLAINT against Xavier Becerra, United States Department of Health and Human Services, United States Food and Drug Administration, Janet Woodcock (Filing fee $ 402 receipt number AFLMDC-18553295) filed by Swisher International, Inc.. (Attachments: #1 Exhibit A - Letter from H. Walker to FDA, #2 Civil Cover Sheet, #3 Proposed Summons - FDA, #4 Proposed Summons - J. Woodcock, #5 Proposed Summons - US Health Human Services, #6 Proposed Summons - X. Becerra)(Lockamy, Michael) [Transferred from Florida Middle on 4/8/2022.]

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Search for this case: SWISHER INTERNATIONAL, INC. v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
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Plaintiff: SWISHER INTERNATIONAL, INC.
Represented By: Helgi C. Walker
Represented By: Matthew Gregory
Represented By: Aaron Smith
Represented By: John Hail Heyburn
Represented By: Michael Lockamy
Represented By: Zachary B. Copeland
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Defendant: UNITED STATES FOOD AND DRUG ADMINISTRATION
Represented By: Antonia Marie Konkoly
Represented By: Laurel H. Lum
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Defendant: JANET WOODCOCK
Represented By: Antonia Marie Konkoly
Represented By: Laurel H. Lum
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Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: Antonia Marie Konkoly
Represented By: Laurel H. Lum
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Defendant: XAVIER BECERRA
Represented By: Antonia Marie Konkoly
Represented By: Laurel H. Lum
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Defendant: ROBERT M. CALIFF
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Amicus curiae: CAMPAIGN FOR TOBACCO-FREE KIDS
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