CIGAR ASSOCIATION OF AMERICA, et al. v FDA: PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, Feb 13, 2017

February 15, 2017 12:27 pm by Gene Borio

The PDF is Here

EXCERPT:

For these reasons and those set out in the accompanying Memorandum of Law, Plaintiffs request that the Court grant their motion for summary judgment on all claims and: (1) vacate and set aside the Deeming Rule; (2) vacate and set aside the User Fee Rule; (3) declare that the User Fee Rule violates the Fifth Amendment; (4) declare that the Deeming Rule warning label requirements violate the First Amendment; (5) enter a permanent injunction restraining the FDA from implementing or enforcing the Deeming Rule or User Fee Rule; (6) award Plaintiffs their litigation costs and attorneys’ fees; and (7) order such other and further relief as the Court deems just and proper.

END EXCERPT

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DOCKET for CIGAR ASSOCIATION v FDA, Jul 15, 2016-Feb 16, 2017

February 15, 2017 11:58 am by Gene Borio

The PDF is Here

EXCERPT:

07/15/2016 1 COMPLAINT against SYLVIA M. BURWELL, in her official capacity as Secretary of Health and Human Services, Robert Califf, M.D., in his official capacity as Commissioner of Food and Drugs, UNITED STATES FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION.

. . .

02/16/2017 MINUTE ORDER resetting briefing deadline in this case. Briefs of any amici granted leave to file in support of Plaintiffs shall be filed on or before February 21, 2017. The court hereby vacates the previous deadline of February 20, 2017, due to the federal holiday. Signed by Judge Amit P. Mehta on 02/16/2017. (lcapm3) (Entered: 02/16/2017)

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CEI v DOT: ORDER: Schedule, Feb 14, 2017

February 14, 2017 9:35 pm by Gene Borio

The PDF is Here

EXCERPT:

O R D E R

It is ORDERED, on the court’s own motion, that this case be scheduled for oral argument on April 10, 2017, at 9:30 A.M. The composition of the argument panel will usually be revealed thirty days prior to the date of oral argument on the court’s web site at www.cadc.uscourts.gov.

The time and date of oral argument will not change absent further order of the Court.

A separate order will be issued regarding the allocation of time for argument.

END EXCERPT

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USA v PHILIP MORRIS, et. al. Appeal: COURTROOM MINUTES OF ORAL ARGUMENT, Feb 14, 2017

February 14, 2017 9:29 pm by Gene Borio

The PDF is Here

EXCERPT:

PROCLAMATION BEING MADE, the Court opened on February 14, 2017 at 9:41 a.m. The cause was heard as case No. 1 of 3 and argued before the Court by:

Michael A. Carvin, counsel for Appellant Philip Morris USA, Inc.

Melissa N. Patterson (DOJ), counsel for Appellee USA.

Eric R. Glitzenstein, counsel for Appellees Tobacco-Free Kids Action Fund, et al.

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DOCKET for FORSYTH v MPAA, Jan 30-Feb 15, 2017

February 7, 2017 10:54 pm by Gene Borio

EXCERPT:

02/14/2017 77 CLERK’S NOTICE RESETTING THE TIME ON MOTION HEARING as to 66 MOTION for Attorney Fees . Motion Hearing set for 3/23/2017 at 02:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 2/14/2017) (Entered: 02/14/2017)

02/15/2017 78 USCA ORDER AND MANDATE as to 70 Notice of Appeal, filed by Timothy Forsyth. (gbaS, COURT STAFF) (Filed on 2/15/2017) (Entered: 02/15/2017)

02/15/2017 79 CLERK’S Letter Spreading Mandate to Counsel. (gbaS, COURT STAFF) (Filed on 2/15/2017) (Entered: 02/15/2017)

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DOCKET for USA v PHILIP MORRIS, et. al. Appeal #: 16-5127

February 7, 2017 10:50 pm by Gene Borio

EXCERPT:

02/07/2017 FORM 72 submitted by arguing attorney, Michael A. Carvin, on behalf of Appellants Altria Group, Inc., Commonwealth Brands Incorporated, Commonwealth-Altadis, Inc., ITG Brands, LLC, Philip Morris USA Inc. and R.J. Reynolds Tobacco Company in 16-5101 (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-5101, 16-5127] (Mandell, Jeffrey)

02/07/2017 FORM 72 submitted by arguing attorney, Melissa N. Patterson, on behalf of Appellee USA in 16-5101, 16-5127 (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-5101, 16-5127] (Patterson, Melissa)

02/07/2017 FORM 72 submitted by arguing attorney, Eric R. Glitzenstein, on behalf of Appellees American Cancer Society, American Heart Association, American Lung Association, Americans For Nonsmokers’ Rights, National African American Tobacco Prevention Network and Tobacco-Free Kids Action Fund in 16-5101, 16-5127 (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-5101, 16-5127] (Glitzenstein, Eric)

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USA v PHILIP MORRIS, et. al. Appeal: ORDER for Oral Argument, Feb 6, 2017

February 6, 2017 8:31 pm by Gene Borio

The PDF is Here

EXCERPT:

It is ORDERED, on the court’s own motion, that the following times are allotted for the oral argument of this case scheduled for February 14, 2017, at 9:30 A.M.:

Appellant Philip Morris USA, Inc. -10 Minutes

Appellees -10 Minutes (to be divided among appellees as they see fit)

One counsel per side to argue. The panel considering this case will consist of CircuitJudge Brown, and Senior Circuit Judges Sentelle and Randolph.

END EXCERPT

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ORDER #66-Remand explaining why the Status Conference set for January 31, 2017, was cancelled

January 31, 2017 6:35 pm by Gene Borio

The PDF is Here

EXCERPT:

On January 3, 2017, the Court Ordered counsel to appear on this date for a Status Conference since the Court of Appeals had issued the Mandate on a Motion on which it had recently ruled. As counsel know, there are two more Appeals pending before the Court of Appeals, in which oral arguments have been scheduled for February 14, 2017. After reading the briefs, the Court concluded that the holding of a Status Conference would not be worthwhile and should await the Court of Appeals’ ruling in the Appeals now before it.

The Court hopes that the Parties were not inconvenienced by this change.

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DOCKET for USA v. PHILIP MORRIS USA, et al, Jan 17-Jan 31, 2017

January 30, 2017 6:46 pm by Gene Borio

Date Filed # Docket Text

01/17/2017 6203 MEMORANDUM re 6201 Order, by UNITED STATES OF AMERICA. (Crane-Hirsch, Daniel) (Entered: 01/17/2017)

01/17/2017 6204 MEMORANDUM re 6201 Order, by TOBACCO-FREE KIDS ACTION FUND. (Meyer, Katherine) (Entered: 01/17/2017)

01/18/2017 6205 NOTICE OF WITHDRAWAL OF APPEARANCE as to R.J. REYNOLDS TOBACCO COMPANY. Attorney Noel John Francisco terminated. (Mandell, Jeffrey) (Entered: 01/18/2017)

01/30/2017 MINUTE ORDER: The time for the Status Conference on January 31, 2017, is hereby changed to 11:00 a.m. Signed by Judge Gladys Kessler on 1/3016. (CL) (Entered: 01/30/2017)

01/30/2017 Set/Reset Hearings: Status Conference set for 1/31/2016 at 11:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 01/30/2017)

01/31/2017 MINUTE ORDER: The Status Conference set for January 31, 2017, is hereby CANCELLED. Signed by Judge Gladys Kessler on 1/31/17. (CL) (Entered: 01/31/2017)

01/31/2017 6206 ORDER #66-Remand explaining why the Status Conference set for January 31, 2017, was cancelled. Signed by Judge Gladys Kessler on 1/31/17. (CL) (Entered: 01/31/2017)

DOCKET for FORSYTH v MPAA, Dec 29, 2016-Jan 23, 2017

January 23, 2017 7:17 pm by Gene Borio

EXCERPT:

01/23/2017 72 STIPULATION WITH PROPOSED ORDER re National Association of Theatre Owners’ Motion for Attorneys’ Fees and Hearing Date for Motion for Attorneys’ Fees filed by Timothy Forsyth.

01/23/2017 73 STIPULATION AND ORDER re National Association of Theatre Owners’ Motion for Attorneys’ Fees and Hearing Date for Motion for Attorneys’ Fees. Signed by Judge Richard Seeborg on 1/23/17.

01/23/2017 Set/Reset Deadlines as to 66 MOTION for Attorney Fees . Motion Hearing set for 3/9/2017 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg.

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