Swisher International, Inc. v. United States Food and Drug Administration et al
| Swisher International, Inc. |
| United States Food and Drug Administration, Janet Woodcock, United States Department of Health and Human Services and Xavier Becerra |
| Campaign for Tobacco-Free Kids |
| 3:2021cv00764 |
| August 4, 2021 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Joel B Toomey |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 8, 2022. A more recent docket listing may be available from PACER.
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| ACKNOWLEDGMENT - Transferred case has been opened in the United States District Court for the District of Columbia as case 1:22cv954, filed on 4/8/22. (LRB) |
| Filing 65 TRANSFER to the United States District Court for the District of Columbia; Case transferred electronically. (LRB) |
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)
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| 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). |
| 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) |
| 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) |
| 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) |
| Filing 59 TRANSCRIPT information form filed by Swisher International, Inc. re #49 Notice of Interlocutory Appeal. USCA number: 21-13088. (Walker, Helgi) |
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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)
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| 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) |
| 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) |
| 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) |
| Case Stayed. (AEP) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| Filing 49 NOTICE OF INTERLOCUTORY APPEAL by Swisher International, Inc.. Filing fee not paid. (Walker, Helgi) |
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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)
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| 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) |
| FEE PAID. Appeal fee, Receipt No. AFLMDC-18677601 for $505 paid Notice for appeal to the Eleventh Circuit Court of Appeals. (Walker, Helgi) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Sealed Document, S-41. (AEP) |
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Filing 40
ORDER granting #38 Motion to Seal. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 8/25/2021. (JDM)
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| 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) |
| Filing 38 Unopposed MOTION to Seal by Swisher International, Inc.. (Lockamy, Michael) Motions referred to Magistrate Judge Joel B. Toomey. |
| 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) |
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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)
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| 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. |
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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)
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| Filing 33 RESPONSE in Opposition re #2 Emergency MOTION for Preliminary Injunction filed by Campaign for Tobacco-Free Kids. (KEM) |
| 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) |
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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)
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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)
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| 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. |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 24 Joint NOTICE Regarding Evidentiary Hearing by Swisher International, Inc. (Lockamy, Michael) Modified text on 8/17/2021. (AEP) |
| Filing 23 NOTICE of Appearance by Sara Louise Alpert Lawson on behalf of Campaign for Tobacco-Free Kids (Alpert Lawson, Sara) |
| Filing 22 NOTICE of filing proposed order by Swisher International, Inc. re #2 Emergency MOTION for Preliminary Injunction (Attachments: #1 Proposed Order)(Lockamy, Michael) |
| Sealed Document, S-21. (AEP) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 5 MOTION to Seal by Swisher International, Inc.. (Lockamy, Michael) |
| 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) |
| Filing 3 REQUEST for oral argument re #2 Emergency MOTION for Preliminary Injunction by Swisher International, Inc.. (Lockamy, Michael) |
| 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) |
| 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) |
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