FORSYTH v MPAA: STIPULATION AND ORDER RE [#39], May 17, 2016

May 18, 2016 1:37 am by Gene Borio

The PDF is Here

EXCERPT:

1. Plaintiff’s Opposition to Defendants’ motions is due on or before July 15, 2016;

2. Plaintiff’s Opposition brief to the anti-SLAPP motions shall not exceed 40 pages of text (exclusive of caption page and tables);

3. Defendants’ anti-SLAPP motion is akin to a Rule 12 and not a Rule 56 Motion. Plaintiff stipulates that he will not seek to conduct any discovery to respond to the anti-SLAPP motion or the motion to dismiss unless defendants’ reply memoranda attempts to convert the motions to Rule 56 motions. Defendants stipulate that by entering into this stipulation plaintiff has not waived any right to claim that the California anti-SLAPP statute should not be applied in any manner to this case;

4. Within one week of the filing of Plaintiff’s Opposition, the parties shall meet-and-confer on the date for Defendants to file their Reply brief(s) and a proposed hearing date on the motions, and the parties thereafter shall promptly submit a Stipulation and [Proposed] Order for the Court’s review;

5. Walt Disney Studios Motion Pictures is substituted in place of The Walt Disney Company as a Defendant in the case, and The Walt Disney Company is dismissed; and

6. The CMC currently scheduled for May 26, 2016 shall be vacated, and following the Court’s ruling the Defendants’ pending dispositive motions, the Court shall, if necessary, reschedule the CMC a trial setting conference for a date not to exceed one month from the Court’s ruling on Defendant’s dispositive motions, unless the Court finds good cause at the time to set the CMC for a later date.

IT IS SO STIPULATED.

. . .

THE COURT FINDS GOOD CAUSE EXISTS FOR THE PARTIES’ STIPULATION AND ON THAT BASIS THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

DATED: _________________________

5/17/16

HONORABLE RICHARD SEEBORG

UNITED STATES DISTRICT JUDGE

END EXCERPT

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CIVIL DOCKET FOR Forsyth v. MPAA, May 15-17, 2016

May 17, 2016 3:54 pm by Gene Borio

The PDF is Here

EXCERPT:

05/15/2016 39 STIPULATION WITH PROPOSED ORDER filed by Timothy Forsyth. (Schachman, David) (Filed on 5/15/2016) (Entered: 05/15/2016)

05/17/2016 40 STIPULATION AND ORDER RE [#39]. Signed by Judge Richard Seeborg on 5/17/16. (cl, COURT STAFF) (Filed on 5/17/2016) (Entered: 05/17/2016)

05/17/2016 41 CLERK’S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/15/2016. Initial Case Management Conference set for 9/22/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 5/17/2016) (Entered: 05/17/2016)

END EXCERPT

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Nicopure v FDA: NOTICE of Appearance by Daniel K Crane-Hirsch on behalf of All Defendants, May 11, 2016

May 11, 2016 4:20 pm by Gene Borio

The PDF is Here

EXCERPT:

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

All defendants.

. . .

/s/ Daniel K. Crane-Hirsch

END EXCERPT

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Nicopure v FDA: COMPLAINT, May 10, 2016

May 10, 2016 10:33 pm by Gene Borio

The PDF is Here

EXCERPT:

Once the Deeming Rule goes into effect on August 8, 2016, the over- whelming majority of Nicopure’s products—including hundreds of products that are neither made nor derived from tobacco nor intended for human consumption—will be subject to the premarket approval, reporting, recordkeeping, inspection, labeling, manufacturing, testing, and other requirements imposed by the Act.

Such regulation will severely burden Nicopure and its operations— costing millions of dollars.

The Deeming Rule’s premarket approval requirements will force Nico- pure to discontinue existing product lines and will also prevent Nicopure from introducing new product lines after the Rule’s effective date.

Nicopure will be forced to redirect resources from day to day business operations and research and development to compliance with the Deeming Rule’s premarket approval, reporting, recordkeeping, inspection, labeling, manufacturing, and other requirements.

Even if the Court ultimately sets aside the Deeming Rule, Nicopure will suffer irreparable harm from its promulgation due to the immediate and irreparable consequences of being subject to unlawful regulation, including the unlawful deprivation of Nicopure’s constitutional rights.

For these reasons and the others given in this Complaint, there exists an actual and justiciable controversy between Nicopure and Defendants requiring resolution by this Court.

END EXCERPT

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DOCKET for NICOPURE LABS, LLC v. FDA et al, May 10-11, 2016

May 10, 2016 10:01 pm by Gene Borio

EXCERPT:

05/10/2016 1 COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4520184) filed by NICOPURE LABS, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Sylvia Burwell, # 4 Summons Robert Califf, # 5 Summons FDA, # 6 Summons D.D.C. U.S. Att’y)(Block, Benjamin) (Entered: 05/10/2016)

05/10/2016 2 Corporate Disclosure Statement by NICOPURE LABS, LLC. (Block, Benjamin) (Entered: 05/10/2016)

05/10/2016 Case Assigned to Judge Amy Berman Jackson. (md) (Entered: 05/10/2016)

05/11/2016 3 NOTICE of Appearance by Daniel K Crane-Hirsch on behalf of All Defendants (Crane-Hirsch, Daniel) (Entered: 05/11/2016)

05/12/2016 4 NOTICE of Appearance by Kevin F. King on behalf of NICOPURE LABS, LLC (King, Kevin) (Entered: 05/12/2016)

05/12/2016 5 SUMMONS (5) Issued Electronically as to SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 05/12/2016)

END EXCERPT

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LORILLARD v FDA: ORDER on Reynolds’ Petition for Rehearing en Banc, May 9, 2016

May 9, 2016 3:35 pm by Gene Borio

The PDF is Here

EXCERPT:

Upon consideration of appellee R. J. Reynolds Tobacco Company’s petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is

ORDERED that the petition be denied.

Per Curiam

END EXCERPT

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LORILLARD v FDA: ORDER on Reynolds’ Petition for Panel Rehearing, May 9, 2016

May 9, 2016 3:32 pm by Gene Borio

The PDF is Here

EXCERPT:

O R D E R

Upon consideration of appellee R. J. Reynolds Tobacco Company’s petition for panel rehearing filed on February 25, 2016, it is

ORDERED that the petition be denied.

Per Curiam

END EXCERPT

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6196: NOTICE OF APPEAL OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES, May 6, 2016

May 7, 2016 9:00 am by Gene Borio

The PDF is Here

EXCERPT:

Notice is hereby given that Defendants Altria Group, Inc., Philip Morris USA Inc., and R.J. Reynolds Tobacco Company (individually and as successor to Lorillard Tobacco Company), as well as Post-Judgment Parties Regarding Remedies ITG Brands, LLC, Commonwealth Brands, Inc., and Commonwealth-Altadis, Inc., appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #64-Remand of this Court (D.E. #6195), issued on the 19th day of April, 2016, which entered the Superseding Consent Order Implementing the Corrective Statements Remedy.

Moreover, it is unclear whether Order #62-Remand (D.E. #6184) constituted an immediately appealable order at the time Defendants and Post-Judgment Parties Regarding Remedies filed their Notice of Appeal (D.E. #6191) from that order on April 7, 2016, because the Court did not resolve corrective-statements implementation issues in Order #62-Remand. To the extent that the prior Notice of Appeal was premature, Defendants and Post-Judgment Parties Regarding Remedies also hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #62-Remand, entered on the 8th day of February, 2016, ordering the text of corrective statements, as well as from the Memorandum Opinion (D.E. #6185) accompanying Order #62-Remand.

END EXCERPT

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DOCKET for USA v. PHILIP MORRIS USA, et al, May 6-9, 2016

May 6, 2016 2:53 pm by Gene Borio

05/06/2016 6196 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 6185 Memorandum & Opinion, 6195 Order on Motion for Miscellaneous Relief, 6184 Order, by ALTRIA GROUP, INC., PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, COMMONWEALTH ALTADIS, COMMONWEALTH BRANDS INCORPORATED, ITG BRANDS, LLC. Filing fee $ 505, receipt number 0090-4516425. Fee Status: Fee Paid. Parties have been notified. (Estrada, Miguel) (Entered: 05/06/2016)

05/09/2016 6197 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 6196 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 05/09/2016)

CIVIL DOCKET FOR Forsyth v. MPAA, May 2-4, 2016

May 3, 2016 1:33 pm by Gene Borio

05/02/2016 34 ORDER by Judge Richard Seeborg GRANTING 30 REGARDING PAGE LIMITS FOR BRIEFING ON DEFENDANTS ANTI-SLAPP MOTION AND MOTION TO DISMISS. (cl, COURT STAFF) (Filed on 5/2/2016) (Entered: 05/02/2016)

05/03/2016 35 NOTICE of Appearance by Roger Rex Myers for Defendant National Association of Theatre Owners (Myers, Roger) (Filed on 5/3/2016) (Entered: 05/03/2016)

05/03/2016 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Marshall, Kenneth) (Filed on 5/3/2016) (Entered: 05/03/2016)

05/04/2016 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Klaus, Kelly) (Filed on 5/4/2016) (Entered: 05/04/2016)

05/04/2016 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Been, Carey) (Filed on 5/4/2016) (Entered: 05/04/2016)