Ecigrusa LLC et al v. Hancock
| Ecigrusa LLC doing business as Worldwide Vape Distribution, Addison Vapor LLC doing business as Artisan Vapor & CBD Addison, AF Vapor LLC and Smoke Scene Lubbock LLC |
| Kelly Hancock |
| 3:2026cv00254 |
| January 30, 2026 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Other Statutes: Constitutionality of State Statutes |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on March 26, 2026. A more recent docket listing may be available from PACER.
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| Filing 51 Appendix in Support filed by Kelly Hancock re #50 Brief/Memorandum in Support of Motion (Al-Fuhaid, Munera) |
| Filing 50 Brief/Memorandum in Support filed by Kelly Hancock re #49 MOTION to Dismiss (Al-Fuhaid, Munera) |
| Filing 49 MOTION to Dismiss filed by Kelly Hancock with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Al-Fuhaid, Munera) |
| Filing 48 NOTICE of Attachment of Verifications re: #46 Amended Complaint,,,, filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Attachments: #1 Verification of Muhammad Khan to 1st Amended Complaint, #2 Verification of Abdula Al Shaif to 1st Amended Complaint) (Heyer, Eric) |
Filing 47
ELECTRONIC ORDER: The Court is in receipt of Plaintiffs' Consented Motion for Extension of Time to File Opposition to Motion to Dismiss (the "Motion for Extension") (Doc. No. 45) and Plaintiffs' First Amended Complaint (the "Amended Complaint") (Doc. No. 46). As the Court indicated in its previous phone call with counsel for both parties, the filing of an Amended Complaint would moot Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (the "Motion to Dismiss") (Doc. No. 35). However, Defendant would be able to re-urge his arguments in a new motion to dismiss.Accordingly, in light of Plaintiffs' Amended Complaint and the foregoing, the Court DENIES without prejudice to refiling Defendant's Motion to Dismiss. Defendant may re-urge his arguments in a new motion to dismiss. Because of the Amended Complaint's impact on the Motion to Dismiss, the Court also DENIES as moot the Motion for Extension. (Ordered by Judge Ed Kinkeade on 3/13/2026) (chmb)
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| Filing 46 AMENDED COMPLAINT against All Defendants filed by Smoke Scene Lubbock LLC, Ecigrusa LLC, AF Vapor LLC, Addison Vapor LLC. 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 - Text of Texas S.B. 2024, #2 Exhibit(s) B - Email from Texas Comptroller, #3 Exhibit(s) C - Letter from Texas Comptroller, #4 Exhibit(s) D - Comptroller's Inspection Report for Smoke Scene Childress, #5 Exhibit(s) E - Comptroller's Notice of Violation to ECIGRUSA, LLC, #6 Exhibit(s) F - Comptroller's Inspection Report for Smoke Scene Lubbock, #7 Exhibit(s) G - Comptroller's Inspection Report for Smoke Scene Lubbock) (Heyer, Eric) Modified text on 3/13/2026 (kxm). |
| Filing 45 MOTION for Extension of Time to File Response/Reply to #35 MOTION to Dismiss for Lack of Jurisdiction filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Attachments: #1 Proposed Order) (Heyer, Eric) |
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Filing 44
ELECTRONIC ORDER: Before the Court is Defendant Kelly Hancock's Motion to Strike or Deny in Part Worldwide's Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion to Strike") (Doc. No. 38). Defendant seeks to strike Plaintiff ECIGRUSA, LLC's (herein referred to as "Worldwide") request that the Court require Defendant to renew Worldwide's Texas tobacco distributor's permit for the upcoming 2026-2027 year contained in Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 16). Doc. No. 38 at 1. Defendant states that "[Defendant] had already renewed [Worldwide's] permit before [Worldwide] even filed this suit." Id. (emphasis omitted). As a result, Defendant argues, "Worldwide's claims as to the renewal of its permit are plainly moot and immaterial." Id. at 1-2. After conferring with Plaintiffs' counsel-of-record regarding the Motion to Strike, Defendant notified the Court that "Plaintiffs are not opposed to the Motion to Strike and will withdraw [Worldwide's request for permit renewal] that is the subject of the Motion to Strike." Doc. No. 43 at 1. Subsequently, Plaintiff Worldwide filed its Notice of Withdrawal of Motion for Preliminary Injunction in Part (Doc. No. 42), stating that, "[b]ecause Defendant has renewed Worldwide's tobacco distributor's permit, that request for relief is moot." Doc. No. 42 at 1. In light of the foregoing, the Court agrees with the parties that Worldwide's request for permit renewal is now moot. Accordingly, the Court DENIES as moot Defendant's Motion to Strike.(Ordered by Judge Ed Kinkeade on 2/25/2026) (chmb)
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| Filing 43 CERTIFICATE of Conference re #38 MOTION to Strike #17 Brief/Memorandum in Support of Motion, #18 Appendix in Support, #16 MOTION for Injunction (Preliminary) MOTION for Temporary Restraining Order by Monroe David Bryant, Jr on behalf of Kelly Hancock (Bryant, Monroe) |
| Filing 42 NOTICE of Withdrawal IN PART of pending motion re: #16 MOTION for Injunction (Preliminary) MOTION for Temporary Restraining Order filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Heyer, Eric) |
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Filing 41
ELECTRONIC ORDER: The Court is in receipt of Defendant Kelly Hancock's Motion to Strike or Deny in Part Worldwide's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 38) and Brief in Support (Doc. No. 39) (together, the "Motion"). The Motion does not include a certificate of conference as required by this Court's Local Civil Rules. See L. Civ. R. 7.1(h). Accordingly, the Court ORDERS Defendant to confer with counsel for Plaintiffs and file a certificate of conference indicating whether the Motion is opposed or unopposed by February 25, 2026. (Ordered by Judge Ed Kinkeade on 2/23/2026) (chmb)
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| Filing 40 Appendix in Support filed by Kelly Hancock re #39 Brief/Memorandum in Support of Motion, to Strike or Deny in Part Worldwide's Motion for Temporary Restraining Order and Preliminary Injunction (Bryant, Monroe) |
| Filing 39 Brief/Memorandum in Support filed by Kelly Hancock re #38 MOTION to Strike #17 Brief/Memorandum in Support of Motion, #18 Appendix in Support, #16 MOTION for Injunction (Preliminary) MOTION for Temporary Restraining Order (Bryant, Monroe) |
| Filing 38 MOTION to Strike #17 Brief/Memorandum in Support of Motion, #18 Appendix in Support, #16 MOTION for Injunction (Preliminary) MOTION for Temporary Restraining Order filed by Kelly Hancock (Attachments: #1 Proposed Order Granting Motion to Strike or Deny) (Bryant, Monroe) |
| Filing 37 Appendix in Support filed by Kelly Hancock re #36 Brief/Memorandum in Support of Motion (Bryant, Monroe) |
| Filing 36 Brief/Memorandum in Support filed by Kelly Hancock re #35 MOTION to Dismiss for Lack of Jurisdiction (Bryant, Monroe) |
| Filing 35 MOTION to Dismiss for Lack of Jurisdiction filed by Kelly Hancock (Attachments: #1 Proposed Order Granting Motion to Dismiss) (Bryant, Monroe) |
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Filing 34
ELECTRONIC ORDER granting #33 Application for Admission Pro Hac Vice of Anna Stressenger. 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 Ed Kinkeade on 2/18/2026) (chmb)
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| Filing 33 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16197945) filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Attachments: #1 Additional Page(s) Attachment of Additional Court Admissions, #2 Exhibit(s) Certificate of Good Standing, #3 Proposed Order)Attorney Anna Stressenger added to party AF Vapor LLC(pty:pla), Attorney Anna Stressenger added to party Addison Vapor LLC(pty:pla), Attorney Anna Stressenger added to party Ecigrusa LLC(pty:pla), Attorney Anna Stressenger added to party Smoke Scene Lubbock LLC(pty:pla) (Stressenger, Anna) |
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Filing 32
ELECTRONIC ORDER: In light of the Agreed Stay Order (Doc. No. 31), the Court VACATES the expedited briefing deadlines set forth in the Court's February 10, 2026, order (Doc. No. 20). The Court will set the briefing deadlines for Plaintiffs' pending request for preliminary injunction (Doc. No. 16) by separate order. (Ordered by Judge Ed Kinkeade on 2/13/2026) (chmb)
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Filing 31
AGREED STAY ORDER -Before the Court is the parties' Joint Motion to Enter Agreed Stay Order (the "Joint Motion") (Doc. No. 30). Having carefully considered the same, the Court finds good cause and sufficient justification for the relief requested by the parties. Accordingly, the Court GRANTS the Joint Motion. The Court hereby ORDERS as follows: 1. Pending a ruling or other disposition by the Court as to Plaintiffs' request for a preliminary injunction contained in Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 16), Defendant has renewed or will renew prior to March 1, 2026, and continue in force the existing Texas tobacco distributor's permit of Plaintiff ECIGRUSA, LLC d/b/a Worldwide Vape Distribution.2. Pending a ruling or other disposition by the Court as to Plaintiffs' request for a preliminary injunction contained in Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, Defendant will not enforce Texas Health & Safety Code 161.0876(b)(3) against any Plaintiff or employee of any Plaintiff, provided, however, that nothing in this Order shall be construed to prevent inspections of Plaintiffs' facilities or stores or the making of written or oral observations regarding products that may potentially violate Texas Health and Safety Code 161.0876(b)(3) without any accompanying, arrest, or referral of an alleged violation to another law enforcement agency.3. Plaintiffs hereby withdraw ONLY their request for a temporary restraining order contained in their Motion for Temporary Restraining Order and Preliminary Injunction. In light of Plaintiffs' withdrawal ONLY of their request for a temporary restraining order, Plaintiffs' request for a preliminary injunction contained in their Motion for Temporary Restraining Order and Preliminary Injunction REMAINS PENDING. (Ordered by Judge Ed Kinkeade on 2/13/2026) (chmb)
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| Filing 30 Joint MOTION to Stay filed by Kelly Hancock (Attachments: #1 Exhibit(s) A-Proposed Agreed Stay Order) (Bryant, Monroe) |
| Filing 29 AFFIDAVIT of Service for Motion for Temporary Restraining Order and Preliminary Injunction served on KELLY HANCOCK on 02/11/2026. (Rios, Janie) Modified text on 2/13/2026 (kxm). |
| Filing 28 SUMMONS Returned Executed as to Kelly Hancock ; served on 2/6/2026. (Rios, Janie) |
| Filing 27 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Telephone Conference held on 2/11/2026. Attorney Appearances: Plaintiff - Eric Heyer; Defense - Monroe David Bryant, Jr. (Court Reporter: Not Recorded) (No exhibits) Time in Court - :10. (chmb) |
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Filing 26
ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Ryan Callinan. 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 Ed Kinkeade on 2/11/2026) (chmb)
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| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16187251) filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Attachments: #1 Exhibit(s) DC Certificate of Good Standing, #2 Proposed Order) (Callinan, Ryan) |
| Filing 24 NOTICE of Confirmation of Service re: 20 Order,,,, filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Heyer, Eric) |
| Filing 23 NOTICE of Attorney Appearance by Alexia Kristin Baker on behalf of Kelly Hancock. (Filer confirms contact info in ECF is current.) (Baker, Alexia) |
| Filing 22 NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of Kelly Hancock. (Filer confirms contact info in ECF is current.) (Al-Fuhaid, Munera) |
| Filing 21 NOTICE of Attorney Appearance by Monroe David Bryant, Jr on behalf of Kelly Hancock. (Filer confirms contact info in ECF is current.) (Bryant, Monroe) |
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Filing 20
ELECTRONIC ORDER: The Court is in receipt of Plaintiffs ECIGRUSA, LLC d/b/a Worldwide Vape Distribution, Addison Vapor LLC d/b/a Artisan Vapor & CBD Addison, AF Vapor LLC d/b/a Artisan Vapor & CBD Dallas, and Smoke Scene Lubbock, LLC's (collectively, "Plaintiffs") Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 16) and Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 17). The Court finds good cause to EXPEDITE the briefing schedule only as to Plaintiffs' request for temporary restraining order. Accordingly, the Court ORDERS Defendant Kelly Hancock to file his response brief by Friday, February 13, 2026. Plaintiffs may file their reply brief by Tuesday, February 17, 2026. The Court further ORDERS Plaintiffs to immediately serve a copy of this Order on Defendant and file a notice of confirmation of service on the docket by Wednesday, February 11, 2026 at 9:00 A.M. (Ordered by Judge Ed Kinkeade on 2/10/2026) (chmb)
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Filing 19
ELECTRONIC ORDER: Pursuant to this Court's Local Civil Rules, "local counsel is required in all cases where an attorney appearing in a case does not reside or maintain the attorney's principal office in this district." L. Civ. R. 83.10(a). Further, the undersigned's Judge-Specific Requirements specifically require that, in cases where local counsel is required, local counsel MUST sign all documents filed with the Court. See also Doc. No. 8 (Court's standing order requiring compliance with the undersigned's Judge-Specific Requirements). In this case, Plaintiffs filed their Verified Complaint (Doc. No. 1) and their Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 16). However, neither filing is signed by local counsel as required by the undersigned's Judge-Specific Requirements. Accordingly, any future filings must be signed by local counsel, otherwise the Court will immediately UNFILE the document. (Ordered by Judge Ed Kinkeade on 2/10/2026) (chmb)
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| Filing 18 Appendix in Support filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC re #16 MOTION for Injunction (Preliminary) MOTION for Temporary Restraining Order (Heyer, Eric) |
| Filing 17 Brief/Memorandum in Support filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC re #16 MOTION for Injunction (Preliminary) MOTION for Temporary Restraining Order (Heyer, Eric) |
| Filing 16 MOTION for Temporary Restraining Order and Preliminary Injunction filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Attachments: #1 Proposed Order) (Heyer, Eric) Modified on 2/10/2026 (mcrd). |
| Filing 15 (Document Restricted) Plaintiffs' Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC(Notice: Any required service of this document is the responsibility of the filer.) (Haynes, Tyrone) |
| Filing 14 NOTICE of Attorney Appearance by Tyrone Lamar Haynes for William X. King on behalf of AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC. (Haynes, Tyrone) |
| Filing 13 Summons Issued as to Kelly Hancock. (kcr) |
| Filing 12 Request for Clerk to issue Summons in a Civil Action filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC. (Haynes, Tyrone) |
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Filing 11
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Eric 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 Ed Kinkeade on 2/2/2026) (chmb)
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| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16161528) filed by AF Vapor LLC, Addison Vapor LLC, Ecigrusa LLC, Smoke Scene Lubbock LLC (Attachments: #1 Additional Page(s) Attachment of Additional Court Admissions, #2 Exhibit(s) Certificate of Good Standing, #3 Proposed Order) (Heyer, Eric) |
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Filing 9
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/2/2026) (chmb)
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Filing 8
ELECTRONIC STANDING ORDER: This Court requires all counsel of record to review and comply with the undersigned's Judge Specific Requirements as well as the Local Civil Rules for the Northern District of Texas upon making an appearance in a matter before this Court. These can be found at # Judge Specific Requirements and # Local Civil Rules . Further, counsel shall refer to this Court's Judge Specific Requirements and the Local Civil Rules prior to calling chambers with any questions. The Court calls specific attention to Local Civil Rule 7.2(f), which addresses the disclosure of the use of generative artificial intelligence, and Local Civil Rule 83.10, which address the requirement of local counsel. (Ordered by Judge Ed Kinkeade on 2/2/2026) (chmb)
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| Filing 6 Per S.O. 3-358, this case has been reassigned to Judge Ed Kinkeade. Senior Judge Sidney A Fitzwater no longer assigned to the case. (frw) Modified text on 2/2/2026 (frw). |
| Filing 7 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. (kcr) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ECIGRUSA, LLC d/b/a WORLDWIDE VAPE DISTRIBUTION. (Clerk QC note: No affiliate entered in ECF). (Haynes, Tyrone) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AF VAPOR LLC d/b/a ARTISAN VAPOR & CBD DALLAS. (Clerk QC note: No affiliate entered in ECF). (Haynes, Tyrone) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by SMOKE SCENE LUBBOCK, LLC. (Clerk QC note: No affiliate entered in ECF). (Haynes, Tyrone) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ADDISON VAPOR LLC d/b/a ARTISAN VAPOR & CBD ADDISON. (Clerk QC note: No affiliate entered in ECF). (Haynes, Tyrone) |
| Filing 1 COMPLAINT against Kelly Hancock filed by SMOKE SCENE LUBBOCK, LLC, ECIGRUSA, LLC d/b/a WORLDWIDE VAPE DISTRIBUTION, AF VAPOR LLC d/b/a ARTISAN VAPOR & CBD DALLAS, ADDISON VAPOR LLC d/b/a ARTISAN VAPOR & CBD ADDISON. (Filing Fee $405, Receipt Number ATXNDC-16158675) 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 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Cover Sheet) (Haynes, Tyrone) |
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