Vapor Train 2 LLC et al v. U.S. Food and Drug Administration et al
| Vapor Train 2 LLC and Magellan Technology, Inc. |
| U.S. Food and Drug Administration, Robert M. Califf, M.D., U.S. Department of Health and Human Services and Xavier Becerra |
| 6:2022cv00429 |
| November 3, 2022 |
| US District Court for the Eastern District of Texas |
| J Campbell Barker |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 32
COURT ORDER: The court grants #31 joint motion to stay responsive pleading deadline. The parties are ordered to propose a new answer or responsive deadline within two weeks of this court's ruling on plaintiffs' #7 motion for a temporary restraining order and preliminary injunction. Ordered by District Judge J. Campbell Barker on 12/19/2022. (ndc)
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Filing 31
Joint MOTION to Stay Defendants' Responsive Pleading Deadline by Xavier Becerra, Robert M. Califf, M.D., U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (Attachments: #1 Text of Proposed Order)(McDonald, Oliver)
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Filing 30
SUR-REPLY to Reply to Response to Motion re #7 Opposed MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Xavier Becerra, Robert M. Califf, M.D., U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (McDonald, Oliver)
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Filing 29
***Deficient Filing. Disregard.*** NOTICE by Magellan Technology, Inc., Vapor Train 2 LLC re #26 Sealed Document CERTIFICATE OF SERVICE (Heyer, Eric) Modified on 12/14/2022 (gsm).
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Filing 28
NOTICE of Attorney Appearance by Noah T. Katzen on behalf of All Defendants (Katzen, Noah)
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Filing 27
Consent MOTION to Seal Document #26 Sealed Document Second Declaration of Dr. Vincent Angelico by Magellan Technology, Inc., Vapor Train 2 LLC. (Attachments: #1 Text of Proposed Order)(Heyer, Eric)
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Filing 26
Sealed Additional Attachment to #25 Main Document. (Heyer, Eric) Modified on 12/14/2022 (gsm). (Additional attachment(s) added on 12/14/2022: #1 Certificate of Service) (gsm, ).
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Filing 25
REPLY to Response to Motion re #7 Opposed MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Magellan Technology, Inc., Vapor Train 2 LLC. (Attachments: #1 Exhibit A - Declaration of Eric N. Heyer, #2 Exhibit B - Declaration of Vanessa Huang)(Heyer, Eric)
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Filing 24
MOTION for Leave to File Excess Pages for Motion for Temporary Restraining Order and Preliminary Injunction by Magellan Technology, Inc., Vapor Train 2 LLC. (Attachments: #1 Text of Proposed Order)(Tindel, Andy)
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Filing 23
SUMMONS Returned Executed by Vapor Train 2 LLC, Magellan Technology, Inc.. All Defendants., AFFIDAVIT of Service for Summons and Complaint served on United States Attorney General on November 14, 2022, filed by Vapor Train 2 LLC, Magellan Technology, Inc.. (Heyer, Eric)
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Filing 22
NOTICE by Magellan Technology, Inc., Vapor Train 2 LLC re #7 Opposed MOTION for Temporary Restraining Order MOTION for Preliminary Injunction OF INTENT TO FILE REPLY (Heyer, Eric)
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Filing 21
Sealed Document. (McDonald, Oliver)
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Filing 20
Unopposed MOTION to Seal Document (Exhibits to ECF No. 19) by Xavier Becerra, Robert M. Califf, M.D., U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (Attachments: #1 Text of Proposed Order)(McDonald, Oliver)
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Filing 19
RESPONSE in Opposition re #7 Opposed MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Xavier Becerra, Robert M. Califf, M.D., U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (McDonald, Oliver) (Additional attachment(s) added on 11/29/2022: #1 Text of Proposed Order) (gsm, ).
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Filing 18
NOTICE of Attorney Appearance by Oliver McDonald on behalf of All Defendants (McDonald, Oliver)
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Filing 17
SUMMONS Returned Executed by Vapor Train 2 LLC, Magellan Technology, Inc.. Xavier Becerra served on 11/9/2022, answer due 1/8/2023; U.S. Department of Health and Human Services served on 11/9/2022, answer due 1/8/2023. (Heyer, Eric)
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Filing 16
SUMMONS Returned Executed by Vapor Train 2 LLC, Magellan Technology, Inc.. U.S. Food and Drug Administration served on 11/10/2022, answer due 1/9/2023. (Heyer, Eric)
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Filing 15
SUMMONS Returned Executed by Vapor Train 2 LLC, Magellan Technology, Inc.. Robert M. Califf, M.D. served on 11/10/2022, answer due 1/9/2023. (Heyer, Eric)
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Filing 14
COURT ORDER: The court grants #8 unopposed motion to seal manufacturer declaration. Defendants have not yet appeared in this case and thus will not receive electronic notice of this order. Plaintiffs are therefore ordered to serve a copy of the docket sheet containing this order on defendants. Ordered by District Judge J. Campbell Barker on 11/10/2022. (ndc)
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Filing 13
COURT ORDER: The court grants #6 consented motion for leave to file motion for temporary restraining order and preliminary injunction exceeding page limits. Plaintiffs may file a motion of no more than 20 pages. Defendants may likewise file a response of no more than 20 page. Defendants have not yet appeared in this case and thus will not receive electronic notice of this order. Plaintiffs are therefore ordered to serve a copy of the docket sheet containing this order on defendants. Ordered by District Judge J. Campbell Barker on 11/10/2022. (ndc)
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Filing 12
NOTICE of Attorney Appearance - Pro Hac Vice by Joseph Andrew Smith on behalf of Magellan Technology, Inc., Vapor Train 2 LLC. Filing fee $ 100, receipt number ATXEDC-9219886. (Smith, Joseph)
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Filing 11
CORPORATE DISCLOSURE STATEMENT filed by Vapor Train 2 LLC (Heyer, Eric)
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Filing 10
CORPORATE DISCLOSURE STATEMENT filed by Magellan Technology, Inc. (Heyer, Eric)
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Filing 9
Sealed Document. (Heyer, Eric)
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Filing 8
Unopposed MOTION to Seal Document (Manufacturer Declaration) by Magellan Technology, Inc., Vapor Train 2 LLC. (Attachments: #1 Text of Proposed Order)(Heyer, Eric) (Additional attachment(s) added on 11/9/2022: #2 Amended Proposed Order) (gsm, ).
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Filing 7
Opposed MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Magellan Technology, Inc., Vapor Train 2 LLC. (Attachments: #1 Declaration of Vanessa Huang, #2 Declaration of Dr. Vincent Angelico, #3 Declaration of Omar Dawud, #4 Declaration of M. Jonathan Glauser, #5 Text of Proposed Order)(Heyer, Eric) (Additional attachment(s) added on 11/9/2022: #6 Amended Proposed Order) (gsm, ).
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Filing 6
Consent MOTION for Leave to File Motion for Temporary Restraining Order and Preliminary Injunction in Excess of Page Limits by Magellan Technology, Inc., Vapor Train 2 LLC. (Attachments: #1 Text of Proposed Order)(Heyer, Eric)
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Filing 5
NOTICE of Attorney Appearance - Pro Hac Vice by Krupa Patel on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9213913. (Patel, Krupa)
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Filing 4
NOTICE of Attorney Appearance - Pro Hac Vice by Eric Heyer on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9213175. (Heyer, Eric) (Additional attachment(s) added on 11/4/2022: #1 Sealed Attachment) (nkl, ).
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Filing 3
NOTICE of Attorney Appearance by Andy Tindel on behalf of All Plaintiffs (Tindel, Andy)
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Filing 2
SUMMONS Issued as to Xavier Becerra, Robert M. Califf, M.D., U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es))(ndc)
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Filing 1
COMPLAINT Temporary Restraining Order and Preliminary Injunction Requested against Xavier Becerra, Robert M. Califf, M.D., U.S. Department of Health and Human Services, U.S. Food and Drug Administration ( Filing fee $ 402 receipt number ATXEDC-9212053.), filed by Vapor Train 2 LLC, Magellan Technology, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Thompson, Gregory)
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District Judge J. Campbell Barker added. (gsm)
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