JUST BRANDS LLC v. Florida Department of Agriculture and Consumer Services et al
| JUST BRANDS LLC |
| Florida Department Of Agriculture and Consumer Services and Florida Commissioner of Agriculture |
| 0:2023cv62081 |
| November 1, 2023 |
| US District Court for the Southern District of Florida |
| Patrick M Hunt |
| Kathleen M Williams |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 REPLY to Response to Motion re #23 Defendant's MOTION TO DISMISS #11 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM or, in the alternative, MOTION to Stay under Younger or Pullman abstension filed by Florida Commissioner of Agriculture, Florida Department Of Agriculture and Consumer Services. (Attachments: #1 Exhibit A - Notice of Hearing by Zoom Conference; Order of Pre-hearing Instructions, #2 Exhibit B - Request for Formal Administrative Hearing)(Nordby, Daniel) |
Filing 37
ORDER ADOPTING REPORT AND RECOMMENDATIONS re #24 Motion for Temporary Restraining Order filed by JUST BRANDS LLC, #29 Report and Recommendations, ; denying #24 Motion for Temporary Restraining Order; Adopting #29 Report and Recommendations on #24 Motion for Temporary Restraining Order filed by JUST BRANDS LLC, #29 Report and Recommendations,. Certificate of Appealability: No Ruling. The Report (DE #29 ) is AFFIRMED AND ADOPTED. Plaintiff's Renewed Motion for Injunctive Relief (DE #24 ) is DENIED. Signed by Judge Kathleen M. Williams on 12/21/2023. See attached document for full details. (nan)
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| Filing 36 RESPONSE in Opposition re #23 Defendant's MOTION TO DISMISS #11 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM or, in the alternative, MOTION to Stay under Younger or Pullman abstension filed by JUST BRANDS LLC. Replies due by 12/22/2023. (Tirado-Luciano, Alejandro) |
| Filing 35 RESPONSE TO OBJECTION to #29 Report and Recommendations by Florida Commissioner of Agriculture, Florida Department Of Agriculture and Consumer Services. (Nordby, Daniel) |
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Filing 34
PAPERLESS ORDER granting #32 Motion for Extension of Time to File Response/Reply to Motion. Plaintiff shall file its response to Defendant's motion by December 15, 2023. Signed by Magistrate Judge Patrick M. Hunt on 12/8/2023. (mhr)
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| Filing 33 OBJECTIONS to #29 Report and Recommendations by JUST BRANDS LLC. (Attachments: #1 Exhibit A)(Tirado-Luciano, Alejandro) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 Defendant's MOTION TO DISMISS #11 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM or, in the alternative, MOTION to Stay under Younger or Pullman abstension by JUST BRANDS LLC. (Tirado-Luciano, Alejandro) |
| Filing 31 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Evidentiary Hearing held on 12/4/2023 Witness Brett Sandman testified. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Denise Mayo Harle, Genevieve Hall, Daniel Elden Nordby, Alejandro Tirado-Luciano, (mhr) |
| Filing 30 NOTICE of Attorney Appearance by Denise Mayo Harle on behalf of Florida Commissioner of Agriculture, Florida Department Of Agriculture and Consumer Services. Attorney Denise Mayo Harle added to party Florida Commissioner of Agriculture (pty:dft), Attorney Denise Mayo Harle added to party Florida Department Of Agriculture and Consumer Services(pty:dft). (Harle, Denise) |
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Filing 29
REPORT AND RECOMMENDATIONS re #24 Renewed Motion for Temporary Restraining Order Recommending the Motion Be Denied. Objections to R&R due by 12/8/2023. Signed by Magistrate Judge Patrick M. Hunt on 12/1/2023. See attached document for full details. (mhr) (Main Document 29 replaced on 12/1/2023 per chambers with corrected signed date) (mf).
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| Filing 27 REPLY to Response to Motion re #24 Renewed MOTION for Temporary Restraining Order filed by JUST BRANDS LLC. (Tirado-Luciano, Alejandro) |
| Filing 26 RESPONSE to Motion re #24 Renewed MOTION for Temporary Restraining Order filed by Florida Commissioner of Agriculture, Florida Department Of Agriculture and Consumer Services. Replies due by 12/4/2023. (Nordby, Daniel) |
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Filing 25
PAPERLESS ORDER REFERRING MOTIONS. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendants' Motion to Dismiss (DE #23 ), Plaintiff's Renewed Motion for Injunctive Relief and Temporary Restraining Order (DE #24 ) and all related motions are REFERRED to United States Magistrate Judge Patrick M. Hunt for a report and recommendation. Signed by Judge Kathleen M. Williams on 11/27/2023. (bja)
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| Filing 24 Renewed MOTION for Temporary Restraining Order by JUST BRANDS LLC. Responses due by 12/11/2023 (Tirado-Luciano, Alejandro) |
| Filing 28 NOTICE of Compliance re #22 Order on Sealed/Ex Parte Emergency Motion with Certification of Emergency,, Order on Sealed Report and Recommendations. (Plaintiffs Sealed Ex Parte Emergency Motion for Injunctive Relief (DE 13) and all filings related to Plaintiffs Motion (DE 13), has been Unsealed) (amb) |
| Filing 23 Defendant's MOTION TO DISMISS #11 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM or, in the alternative,, MOTION to Stay under Younger or Pullman abstension ( Responses due by 12/8/2023) by Florida Commissioner of Agriculture, Florida Department Of Agriculture and Consumer Services. Attorney Daniel Elden Nordby added to party Florida Commissioner of Agriculture (pty:dft), Attorney Daniel Elden Nordby added to party Florida Department Of Agriculture and Consumer Services(pty:dft). (Attachments: #1 Exhibit Request for Formal Administrative Hearing)(Nordby, Daniel) |
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Filing 22
ORDER adopting and affirming the Report and Recommendation (DE #16 ) and denying Plaintiff's Ex Parte Emergency Motion for Injunctive Relief (DE #13 ). The Clerk of Court is directed to UNSEAL Plaintiff's Ex Parte Emergency Motion for Injunctive Relief and all related filings. Signed by Judge Kathleen M. Williams on 11/24/2023. See attached document for full details. (bja) Modified to Unseal per DE #22 on 11/28/2023 (amb).
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| Filing 21 PAPERLESS Minute Entry for a Status Conference held on 11/21/2023 before Magistrate Judge Patrick M. Hunt. (1) Plaintiff agreed to refile the motion for a temporary restraining order; (2) State agreed to file an answer to Plaintiff's complaint by Friday 11/24/2023, and State shall address all issues relating to Plaintiff's TRO; and (3) an agreed-to evidentiary hearing/oral argument was set for Tuesday, 11/28/2023, at 9:30 a.m. Total time in court: 1 hour(s) : 0 minutes. Attorney Appearance(s): Genevieve Hall, Alejandro Tirado-Luciano, (mhr) |
| Filing 20 SUPPLEMENT Brief in Support of Motion for Temporary Restraining Order Addressing Exhaustion of Administrative and State Remedies and Irreparable Harm by JUST BRANDS LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Tirado-Luciano, Alejandro) |
| Filing 19 CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorney's PACER account for attorney Genevieve Hall re #17 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 18 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney Genevieve Hall re #17 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 17 NOTICE of Change of Address, Email or Law Firm Name by Genevieve Hall (Hall, Genevieve) |
| Filing 16 SEALED REPORT AND RECOMMENDATION. Recommending that #13 Plaintiff's Ex Parte Emergency Motion for Injunctive Relief, ECF No. 13, be DENIED. Objections to R&R due by 11/22/2023. Signed by Magistrate Judge Patrick M. Hunt on 11/15/2023. (kpe) Modified to Unseal per DE #22 on 11/28/2023 (amb). |
| Filing 15 NOTICE of Attorney Appearance by Genevieve Hall on behalf of Florida Commissioner of Agriculture, Florida Department Of Agriculture and Consumer Services. Attorney Genevieve Hall added to party Florida Commissioner of Agriculture (pty:dft), Attorney Genevieve Hall added to party Florida Department Of Agriculture and Consumer Services(pty:dft). (Hall, Genevieve) |
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Filing 14
PAPERLESS ORDER REFERRING Plaintiff's Emergency Motion for Injunctive Relief. (DE #13 ). THIS MATTER is before the Court on a sua sponte review of the record. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's Motion (DE #13 ) is REFERRED to United States Magistrate Judge Patrick M. Hunt for a report and recommendation. Signed by Judge Kathleen M. Williams on 11/9/2023. (amb) Modified to Unseal per DE #22 on 11/28/2023 (amb).
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| Set/Reset Sealed Deadlines/Hearings per Chambers re DE #13 Emergency Motion. Motion Hearing set for 11/13/2023 02:00 PM in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. (amb) Modified to Unseal per DE #22 on 11/28/2023 (amb). |
| Filing 13 EX PARTE EMERGENCY MOTION with Certification of Emergency included by JUST BRANDS LLC. Responses due by 11/22/2023 (Attachments: #1 Exhibit 1 - Affidavit of Brett Sandman)(Tirado-Luciano, Alejandro) Modified to Unseal per DE #22 on 11/28/2023 (amb). |
| Filing 12 Corporate Disclosure Statement by JUST BRANDS LLC identifying Corporate Parent Flora Growth U.S. Holdings, Corp., Corporate Parent Flora Growth Corp for JUST BRANDS LLC (Tirado-Luciano, Alejandro) |
| Filing 11 AMENDED COMPLAINT for Declaratory Judgment and Injunctive Relief against All Defendants, filed by JUST BRANDS LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tirado-Luciano, Alejandro) |
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Filing 10
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for Pretrial Non-Dispositive Matters. Notice of Court Practice. Signed by Judge Kathleen M. Williams on 11/6/2023. See attached document for full details. (nan)
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| Filing 9 Summons Issued as to Florida Commissioner of Agriculture. (drz) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by JUST BRANDS LLC (Tirado-Luciano, Alejandro) |
| Filing 7 Summons Issued as to Florida Department Of Agriculture and Consumer Services. (drz) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by JUST BRANDS LLC (Tirado-Luciano, Alejandro) |
| Filing 5 NOTICE by JUST BRANDS LLC Civil Cover Sheet (Tirado-Luciano, Alejandro) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Clerk added all parties associated with the case. It is not necessary to re-file this document. (wce) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (wce) |
| Filing 1 EMERGENCY COMPLAINT against Florida Department Of Agriculture and Consumer Services. Filing fees $ 402.00 receipt number AFLSDC-17041773, filed by JUST BRANDS LLC. (Attachments: #1 Exhibit A- Stop Sale Orders, #2 Exhibit B- Notice to Hemp Food Establishments, #3 Exhibit C- Amended Stop Order)(Tirado-Luciano, Alejandro) Modified Text on 11/2/2023 (wce). |
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