Pastel Cartel LLC v. U.S. Food and Drug Administration et al
Plaintiff: PASTEL CARTEL LLC
Defendant: U.S. FOOD AND DRUG ADMINISTRATION and U.S. Department of Health and Human Services
Case Number: 1:2023cv01010
Filed: August 25, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: David A Ezra
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2023 Filing 29 SUMMONS Returned Executed by Pastel Cartel LLC. Attorney General Garland (Gotting, Eric)
October 23, 2023 Filing 28 SUMMONS Returned Executed by Pastel Cartel LLC. Commissioner Califf (Gotting, Eric)
October 23, 2023 Filing 27 SUMMONS Returned Executed by Pastel Cartel LLC. (Gotting, Eric)
October 23, 2023 Filing 26 SUMMONS Returned Executed by Pastel Cartel LLC. Secretary Becerra (Gotting, Eric)
October 23, 2023 Filing 25 SUMMONS Returned Executed by Pastel Cartel LLC. U.S. Department of Health and Human Services. (Gotting, Eric) Modified on 10/23/2023 to correct docket text (dm).
October 23, 2023 Filing 24 SUMMONS Returned Executed by Pastel Cartel LLC. U.S. Food and Drug Administration. (Gotting, Eric) Modified on 10/23/2023 to correct docket text (dm).
October 23, 2023 Notice of Correction: re #25 Summons Returned Executed, #26 Summons Returned Executed, #28 Summons Returned Executed, #27 Summons Returned Executed, #24 Summons Returned Executed, #29 Summons Returned Executed. **PLEASE NOTE: The summons returns were incorrectly docketed as Summons Returned Executed, instead of Summons Returned Executed as to USA, which resulted in incorrect answer deadlines. The clerk has corrected the entry. For future reference please use the proper event. (dm)
October 10, 2023 Opinion or Order Filing 23 ORDER for DEFENDANTS to file a RESPONSE on or before November 13, 2023 and SETTING HEARING on #22 Opposed MOTION for Preliminary Injunction : for 12/13/2023 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (cc3)
October 6, 2023 Filing 22 Opposed MOTION for Preliminary Injunction by Pastel Cartel LLC. (Attachments: #1 Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P)(Gotting, Eric)
October 2, 2023 Filing 21 Summons Issued as to U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (pg) (Main Document 21 replaced on 10/3/2023) (pg).
October 2, 2023 Filing 20 REQUEST FOR ISSUANCE OF SUMMONS by Pastel Cartel LLC. (Smith, Michael)
October 2, 2023 Filing 19 AMENDED COMPLAINT against All Defendants amending, filed by Pastel Cartel LLC. (Attachments: #1 Exhibit)(Gotting, Eric)
September 28, 2023 Filing 18 NOTICE of Attorney Appearance by Isaac Belfer on behalf of U.S. Department of Health and Human Services, U.S. Food and Drug Administration. Attorney Isaac Belfer added to party U.S. Department of Health and Human Services(pty:dft), Attorney Isaac Belfer added to party U.S. Food and Drug Administration(pty:dft) (Belfer, Isaac)
September 26, 2023 Filing 17 SUMMONS Returned Executed by Pastel Cartel LLC. United States Attorney's Office (Gotting, Eric)
September 26, 2023 Filing 16 SUMMONS Returned Executed by Pastel Cartel LLC. (Gotting, Eric)
September 26, 2023 Filing 15 SUMMONS Returned Executed by Pastel Cartel LLC. (Gotting, Eric)
September 26, 2023 Filing 14 SUMMONS Returned Executed by Pastel Cartel LLC. Attorney General Garland (Gotting, Eric)
September 26, 2023 Filing 13 SUMMONS Returned Executed by Pastel Cartel LLC. Department of Justice (Gotting, Eric)
September 26, 2023 Filing 12 SUMMONS Returned Executed by Pastel Cartel LLC. U.S. Food and Drug Administration served on 8/31/2023, answer due 10/30/2023. (Gotting, Eric)
September 26, 2023 Filing 11 SUMMONS Returned Executed by Pastel Cartel LLC. U.S. Department of Health and Human Services served on 8/31/2023, answer due 10/30/2023. (Gotting, Eric)
September 21, 2023 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (bot2)
August 30, 2023 Filing 9 Summons Issued as to U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (pg)
August 30, 2023 Opinion or Order Filing 8 ORDER GRANTING #5 Motion to Appear Pro Hac Vice for Attorney Azim Chowdhury for Pastel Cartel LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (pg)
August 30, 2023 Opinion or Order Filing 7 ORDER GRANTING #4 Motion to Appear Pro Hac Vice for Attorney Eric Gotting for Pastel Cartel LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (pg)
August 29, 2023 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS by Pastel Cartel LLC. (Smith, Michael)
August 29, 2023 Filing 5 MOTION to Appear Pro Hac Vice by Michael Charles Smith for Azim Chowdhury ( Filing fee $ 100 receipt number ATXWDC-17822942) by on behalf of Pastel Cartel LLC. (Attachments: #1 Proposed Order)(Smith, Michael)
August 28, 2023 Filing 4 MOTION to Appear Pro Hac Vice by Michael Charles Smith for Eric P. Gotting ( Filing fee $ 100 receipt number ATXWDC-17815699) by on behalf of PASTEL CARTEL LLC. (Attachments: #1 Proposed Order)(Smith, Michael)
August 25, 2023 Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)
August 25, 2023 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5)
August 25, 2023 DEMAND for Trial by Jury by Pastel Cartel LLC. (cr5)
August 25, 2023 Filing 3 ATTACHMENT Exhibit A - FDA RTAs (Corrected) to #1 Complaint by PASTEL CARTEL LLC. (Smith, Michael)
August 25, 2023 Filing 2 ATTACHMENT Exhibit A - FDA RTAs to #1 Complaint by PASTEL CARTEL LLC. (Smith, Michael)
August 25, 2023 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17814102). No Summons requested at this time, filed by PASTEL CARTEL LLC. (Attachments: #1 Civil Cover Sheet)(Smith, Michael)

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Plaintiff: PASTEL CARTEL LLC
Represented By: Michael Charles Smith
Represented By: Azim Chowdhury
Represented By: Eric P. Gotting
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Defendant: U.S. FOOD AND DRUG ADMINISTRATION
Represented By: Isaac Belfer
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Defendant: U.S. Department of Health and Human Services
Represented By: Isaac Belfer
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