Wages & White Lion Investments LLC v. Califf et al
| Wages & White Lion Investments, LLC doing business as Triton Distribution and Wages & White Lion Investments LLC doing business as Triton Distribution |
| Robert M. Califf, M.D., U.S. Department of Health and Human Services, Secretary Xavier Becerra, U.S. Food and Drug Adminstration, Robert M Califf, US Department of Health and Human Services, Xavier Becerra and US Food and Drug Administration |
| 3:2023cv01269 |
| June 5, 2023 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| None |
Docket Report
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Filing 18
ELECTRONIC ORDER: IT IS ORDERED that #17 Defendants' Unopposed Motion to Extend Deadline to Respond to the Complaint, to and including August 28, 2023, is GRANTED. (Ordered by Judge Karen Gren Scholer on 8/1/2023) (chmb)
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| Filing 17 Unopposed Motion for Extension of Time to File Answer filed by Xavier Becerra, Robert M Califf, US Department of Health and Human Services, US Food and Drug Administration (Attachments: #1 Proposed Order) (McDonald, Oliver) |
| Filing 16 AFFIDAVIT of Service as to All Defendants. (Attachments: #1 Exhibit(s) Exhibit A - Email service on FDA, #2 Exhibit(s) Exhibit B - Certified Mail sent to HHS, #3 Exhibit(s) Exhibit C - Confirmation of Delivery to HHS, #4 Exhibit(s) Exhibit D - Return Receipt for Certified Mail to Attorney General) (Heyer, Eric) Modified event text on 7/10/2023 (axm). |
| Filing 15 SUMMONS Returned Executed as to U.S. Attorney; served on 6/8/2023. (Heyer, Eric) Modified event text on 7/10/2023 (axm). |
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Filing 14
ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of James Christopher Fraser. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 6/22/2023) (chmb)
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| Filing 13 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13832794) filed by Wages & White Lion Investments LLC (Attachments: #1 Exhibit(s) Maryland Certificate of Good Standing, #2 Proposed Order)Attorney James Christopher Fraser added to party Wages & White Lion Investments LLC(pty:pla) (Fraser, James) |
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Filing 12
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Eric N. Heyer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 6/22/2023) (chmb)
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| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13830621) filed by Wages & White Lion Investments LLC (Attachments: #1 Exhibit(s) District of Columbia Certificate of Good Standing, #2 Proposed Order)Attorney Eric Heyer added to party Wages & White Lion Investments LLC(pty:pla) (Heyer, Eric) (Additional attachment(s) added on 6/22/2023: #3 Additional Page(s) Correct District of Columbia Certificate of Good Standing) (chmb). Modified text on 6/22/2023 (mms). (Attachment 2 replaced to flatten pdf on 6/22/2023) (mms). Modified on 6/22/2023 (mms). |
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Filing 9
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Joseph Andrew Smith. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 6/21/2023) (chmb)
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| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13830329) filed by Wages & White Lion Investments LLC (Attachments: #1 Exhibit(s) Maryland Certificate of Good Standing, #2 Proposed Order)Attorney Joseph Andrew Smith added to party Wages & White Lion Investments LLC(pty:pla) (Smith, Joseph) (Attachment 2 replaced to flatten pdf on 6/22/2023) (mms). Modified on 6/22/2023 (mms). |
| Filing 7 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (ykp) |
| Filing 6 NOTICE of Attorney Appearance by Oliver McDonald on behalf of Xavier Becerra, Robert M Califf, US Department of Health and Human Services, US Food and Drug Administration. (Filer confirms contact info in ECF is current.) (McDonald, Oliver) |
| Filing 5 Summons issued as to Xavier Becerra, Robert M Califf, US Department of Health and Human Services, US Food and Drug Administration, U.S. Attorney, and U.S. Attorney General. (cfk) |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (cfk) |
| Filing 3 Request for Clerk to issue Summons for U.S. Food and Drug Administration filed by Wages & White Lion Investments, LLC. (Attachments: #1 Summons for Robert M. Califf, #2 Summons for U.S. Department of Health and Human Services, #3 Summons for Xavier Becerra) (Rhodes, Kade) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wages & White Lion Investments, LLC. (Clerk QC note: No affiliate entered in ECF). (Rhodes, Kade) |
| Filing 1 COMPLAINT against All Defendants filed by Wages & White Lion Investments, LLC. (Filing fee $402; Receipt number ATXNDC-13791333) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Cover Sheet) (Rhodes, Kade) (Attachment 3 replaced on 6/6/2023 to flatten pdf) (cfk). |
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