Vapor Technology Association et al v. U.S. Food and Drug Administration et al
Plaintiff: Vapor Stockroom, LLC and Vapor Technology Association
Defendant: U.S. Department of Health and Human Services, Alex Azar, U.S. Food and Drug Administration and Norman E. Sharpless
Case Number: 5:2019cv00330
Filed: August 14, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:702
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #16 MOTION for Status Conference to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction re #13 MOTION for Preliminary Injunction by Vapor Stockroom, LLC, Vapor Technology Association by Vapor Stockroom, LLC, Vapor (JJ)
September 5, 2019 Filing 16 MOTION for Expedited Status Conference to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction re #13 MOTION for Preliminary Injunction by Vapor Stockroom, LLC, Vapor Technology Association by Vapor Stockroom, LLC, Vapor Technology Association (Attachments: #1 Proposed Order)(Heyer, Eric) Modified text on 9/6/2019 (JJ).
September 3, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #13 MOTION for Preliminary Injunction by Vapor Stockroom, LLC, Vapor Technology Association , #14 MOTION for Leave by Vapor Stockroom, LLC, Vapor Technology Association to Exceed Page Limits for Memorandum in Support of Motion for Preliminary Injunction (GLD)
September 2, 2019 Filing 15 MEMORANDUM in Support of Motion re #13 MOTION for Preliminary Injunction by Vapor Stockroom, LLC, Vapor Technology Association filed by Vapor Stockroom, LLC, Vapor Technology Association. (Attachments: #1 Exhibit 1 (Declaration of Stacey M. Benson, Ph. D.), #2 Exhibit 2 (Declaration of John Dunham), #3 Exhibit 3 (Declaration of Anthony L. Abboud), #4 Exhibit 4 (Public Health Experts Letter))(Heyer, Eric)
September 2, 2019 Filing 14 MOTION for Leave by Vapor Stockroom, LLC, Vapor Technology Association to Exceed Page Limits for Memorandum in Support of Motion for Preliminary Injunction (Attachments: #1 Proposed Order)(Heyer, Eric)
September 2, 2019 Filing 13 MOTION for Preliminary Injunction by Vapor Stockroom, LLC, Vapor Technology Association (Attachments: #1 Proposed Order)(Heyer, Eric)
August 26, 2019 Opinion or Order Filing 12 ORDER: #6 Motion to Appear Pro Hac Vice; #7 Motion to Appear Pro Hac Vice of Eric N. Heyer and Joseph A. Smith are GRANTED and they shall represent the plaintiff in this action pending before this Court. Signed by Judge Karen K. Caldwell on 8/26/2019. (STC)cc: COR w/ ECF Registration Form to E. Heyer and J. Smith
August 26, 2019 BAR STATUS Check completed as to Eric N. Heyer, Joseph A. Smith re #7 MOTION for Joseph A. Smith to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association ( Filing fee $125; receipt number 0643-4447862), #6 MOTION for Eric N. Heyer to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association ( Filing fee $125; receipt number 0643-4447844). (STC)
August 26, 2019 Filing 11 NOTICE OF FILING by Vapor Stockroom, LLC, Vapor Technology Association re #7 MOTION for Joseph A. Smith to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association ( Filing fee $125; receipt number 0643-4447862), #6 MOTION for Eric N. Heyer to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association ( Filing fee $125; receipt number 0643-4447844) (Attachments: #1 Proposed Order Doc 6, #2 Proposed Order Doc 7)(Johnson, Robert)
August 26, 2019 Filing 10 AFFIDAVIT of Service for Summons served on U.S. Dept. of Health & Human Services on 08/16/19, filed by Vapor Stockroom, LLC, Vapor Technology Association. (Johnson, Robert)
August 26, 2019 Filing 9 AFFIDAVIT of Service for Summons served on U.S. Attorney General, U.S. FDA on 08/16/19, filed by Vapor Stockroom, LLC, Vapor Technology Association. (Johnson, Robert)
August 26, 2019 Filing 8 AFFIDAVIT of Service for Summons served on Alex Azar, US Food & Drug Administration on 08/16/19, filed by Vapor Stockroom, LLC, Vapor Technology Association. (Johnson, Robert)
August 23, 2019 NOTICE OF DEFICIENCY TO Robert Johnson re #7 MOTION for Joseph A. Smith to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association, #6 MOTION for Eric N. Heyer to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association. Error: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing," file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (STC)
August 23, 2019 Filing 7 MOTION for Joseph A. Smith to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association ( Filing fee $125; receipt number 0643-4447862) (Attachments: #1 Exhibit Certificate of Good Standing of Joseph A. Smith)(Johnson, Robert)
August 23, 2019 Filing 6 MOTION for Eric N. Heyer to Appear Pro Hac Vice by Vapor Stockroom, LLC, Vapor Technology Association ( Filing fee $125; receipt number 0643-4447844) (Attachments: #1 Exhibit Certificate of Good Standing for Eric Heyer)(Johnson, Robert)
August 14, 2019 Conflict Check run. (STC)
August 14, 2019 Filing 4 Summons Issued as to Alex Azar, Norman E. Sharpless, U.S. Department of Health and Human Services, U.S. Food and Drug Administration, U.S. Attorney and U.S. Attorney General. Summons issued and returned electronically to counsel for service. (STC)
August 14, 2019 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Vapor Stockroom, LLC. (STC)
August 14, 2019 Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Vapor Technology Association. (STC)
August 14, 2019 Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4438768), filed by Vapor Stockroom, LLC, Vapor Technology Association. (Attachments: #1 Exhibit 1 Final ENDS PMTA Guidance, #2 Exhibit 2 Declaration of Mitchell Zeller, #3 Civil Cover Sheet, #4 Summons Tendered, A. Azar, #5 Summons Tendered, FDA, #6 Summons Tendered, HHS, #7 Summons Tendered, Sharpless)(STC)

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Defendant: U.S. Department of Health and Human Services
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Defendant: Alex Azar
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Defendant: U.S. Food and Drug Administration
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Defendant: Norman E. Sharpless
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Plaintiff: Vapor Stockroom, LLC
Represented By: Joseph A. Smith
Represented By: Stephanie E. Chmiel
Represented By: Eric N. Heyer
Represented By: Robert P. Johnson
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Plaintiff: Vapor Technology Association
Represented By: Joseph A. Smith
Represented By: Stephanie E. Chmiel
Represented By: Eric N. Heyer
Represented By: Robert P. Johnson
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