Big Time Vapes, Inc. et al v. Food and Drug Administration et al
Plaintiff: Big Time Vapes, Inc. and United States Vaping Association, Inc.
Defendant: Norman E. Sharpless, Ned, Alex M. Azar, II and Food and Drug Administration
Case Number: 1:2019cv00531
Filed: August 19, 2019
Court: US District Court for the Southern District of Mississippi
Presiding Judge: John C Gargiulo
Referring Judge: Louis Guirola
2 Judge: Halil S Ozerden
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2019 Filing 17 MEMORANDUM in Support re #15 MOTION for Preliminary Injunction filed by Big Time Vapes, Inc., United States Vaping Association, Inc. (Ritchie, Spencer)
October 15, 2019 Opinion or Order TEXT ONLY ORDER granting #14 Motion for Leave to File Excess Pages. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 10/15/2019. (BR)
October 11, 2019 Filing 16 ATTACHMENT re #15 MOTION for Preliminary Injunction (Index of Exhibits) by Big Time Vapes, Inc., United States Vaping Association, Inc. (Ritchie, Spencer)
October 10, 2019 Filing 15 MOTION for Preliminary Injunction by Big Time Vapes, Inc., United States Vaping Association, Inc. (Attachments: #1 Exhibit Ex 1 - PMTA ENDS Guidance, #2 Exhibit Ex 2 - Gottlieb Statement, #3 Exhibit Ex 3 - Aug 2017 Guidance for Industry, #4 Exhibit Ex 4 - 2019 Proposed Rule, #5 Exhibit Ex 5 - Trump Administration Combating Epidemic, #6 Exhibit Ex 6 - White House Press Conference, #7 Exhibit Ex 7 - Declaration Tim Roberts, #8 Exhibit Ex 8 - Declaration Mega Vape, #9 Exhibit Ex 9 - Declaration B Duziak, #10 Exhibit Ex 10 - Declaration CJ Vapors, #11 Exhibit Ex 11 - Declaration Xoxo, #12 Exhibit Ex 12 - Declaration Magnolia Vapes, #13 Exhibit Ex 13 - Declaration Desert Wind, #14 Exhibit Ex 14 - Pages from FDA, #15 Exhibit Ex 15 - Declaration USVA, #16 Exhibit Ex 16 - FDA issues proposed rule, #17 Exhibit Ex 17 - Gottlieb speech, #18 Exhibit Ex 18 - Remarks Prepared for testimony)(Ritchie, Spencer)
October 10, 2019 Filing 14 MOTION for Leave to File Excess Pages by Big Time Vapes, Inc., United States Vaping Association, Inc. (Attachments: #1 Exhibit Ex A - Memo)(Ritchie, Spencer)
September 25, 2019 Set/Reset Deadlines: Alex M. Azar, II answer due 11/12/2019; Food and Drug Administration answer due 11/12/2019; Norman E. Sharpless answer due 11/12/2019. Due to the defendants being with the United States government the answer deadline is 60 days, not 21. Clerk has reset the answer deadline. (JCH)
September 24, 2019 Filing 13 SUMMONS Returned Executed by Big Time Vapes, Inc., United States Vaping Association, Inc.. Norman E. Sharpless served on 9/11/2019, answer due 10/2/2019. (Ritchie, Spencer)
September 24, 2019 Filing 12 SUMMONS Returned Executed by Big Time Vapes, Inc., United States Vaping Association, Inc.. Alex M. Azar, II served on 9/10/2019, answer due 10/1/2019. (Ritchie, Spencer)
September 24, 2019 Filing 11 SUMMONS Returned Executed by Big Time Vapes, Inc., United States Vaping Association, Inc.. Food and Drug Administration served on 9/10/2019, answer due 10/1/2019. (Ritchie, Spencer)
September 24, 2019 DOCKET ANNOTATION as to # 6 - # 10. A return on summons should not be filed without the first page, as issued, preceding the return. Proof of Service of a summons should be completed and filed with the first page, as issued. An affidavit is not sufficient without completed proof. Attorney should re-file using the original summons issued by the court and stamped "return", the first page of the summons issued by the court should be attached as page 1, the completed proof of service will be page 2 and the affidavit can be attached as page 3. These documents will be disregarded on the docket. (JCH)
September 24, 2019 Filing 10 **DISREGARD**AFFIDAVIT of Service for Summons, Verified Complaint, Civil Cover Sheet and Corporate Disclosures served on U.S. Attorney, Southern District of MS on 9/6/2019, filed by Big Time Vapes, Inc., United States Vaping Association, Inc.. (Ritchie, Spencer) Modified on 9/24/2019 (JCH).
September 24, 2019 Filing 9 **DISREGARD**AFFIDAVIT of Service for Summons, Verified Complaint, Civil Cover Sheet and Corporate Disclosures served on U.S. Attorney General on 9/10/2019, filed by Big Time Vapes, Inc., United States Vaping Association, Inc.. (Ritchie, Spencer) Modified on 9/24/2019 (JCH).
September 24, 2019 Filing 8 **DISREGARD**AFFIDAVIT of Service for Summons, Verified Complaint, Civil Cover Sheet and Corporate Disclosures served on Norman E. Sharpless, M.D. on 9/11/2019, filed by Big Time Vapes, Inc., United States Vaping Association, Inc.. (Ritchie, Spencer) Modified on 9/24/2019 (JCH).
September 24, 2019 Filing 7 **DISREGARD**AFFIDAVIT of Service for Summons, Verified Complaint, Civil Cover Sheet and Corporate Disclosures served on Food and Drug Administration on 9/11/2019, filed by Big Time Vapes, Inc., United States Vaping Association, Inc.. (Ritchie, Spencer) Modified on 9/24/2019 (JCH).
September 24, 2019 Filing 6 **DISREGARD**AFFIDAVIT of Service for Summons, Verified Complaint, Civil Cover Sheet and Corporate Disclosures served on Alex M. Azar, II on 9/10/2019, filed by Big Time Vapes, Inc., United States Vaping Association, Inc.. (Ritchie, Spencer) Modified on 9/24/2019 (JCH).
August 30, 2019 DOCKET ANNOTATION as to # 4 and # 5. Attorney is advised that the correct judge initials for this case are LG-JCG, which should be used on all future filings. (JCH)
August 29, 2019 Filing 5 Corporate Disclosure Statement by United States Vaping Association, Inc. (Ritchie, Spencer)
August 29, 2019 Filing 4 Corporate Disclosure Statement by Big Time Vapes, Inc. (Ritchie, Spencer)
August 27, 2019 Filing 3 Summons Issued as to Alex M. Azar, II, Food and Drug Administration, Norman E. Sharpless, U.S. Attorney and U.S. Attorney General. (JCH)
August 21, 2019 Attorneys are advised to include the case number and new judge assignment of 1:19cv531 LG-JCG on future filed pleadings. (JCH)
August 21, 2019 Opinion or Order Filing 2 ORDER OF RECUSAL. District Judge Halil S. Ozerden recused. Case reassigned to District Judge Louis Guirola, Jr for all further proceedings. Signed by District Judge Halil S. Ozerden on 8/21/19. (JCH)
August 19, 2019 Filing 1 COMPLAINT against Alex M. Azar, II, Food and Drug Administration, Norman E. Sharpless (Filing fee $ 400; receipt number 0538-4063923), filed by Big Time Vapes, Inc., United States Vaping Association, Inc. (Attachments: #1 Civil Cover Sheet)(JCH)

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Defendant: Norman E. Sharpless
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Defendant: Ned
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Defendant: Alex M. Azar, II
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Defendant: Food and Drug Administration
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Plaintiff: Big Time Vapes, Inc.
Represented By: Spencer Mark Ritchie
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Plaintiff: United States Vaping Association, Inc.
Represented By: Spencer Mark Ritchie
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