LORILLARD, INC., et al. v. FDA: DOCKET 2/25/11-8/1/12

August 2, 2012 3:58 pm by Gene Borio

EXCERPT:

02/25/2011 1 COMPLAINT against LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION . . .

08/01/2012 44 MEMORANDUM ORDER, Ordered that defendants’ Motion to Dismiss 18 is DENIED; and it is further Ordered that defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action 37 is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 7/31/2012.

END EXCERPT

FULL TEXT:

U.S. District Court

District of Columbia (Washington, DC)

CIVIL DOCKET FOR CASE #: 1:11-cv-00440-RJL

LORILLARD INC et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al

Assigned to: Judge Richard J. Leon

Cause: 05:0706 Judicial Review of Agency Actions

Date Filed: 02/25/2011

Jury Demand: None

Nature of Suit: 890 Other Statutory Actions

Jurisdiction: U.S. Government Defendant

Date Filed # Docket Text

02/25/2011 1 COMPLAINT against LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION ( Filing fee $ 350, receipt number 4616036776) filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Errata O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Civil Cover Sheet)(jf, ) (Entered: 02/25/2011)

02/25/2011 SUMMONS Not Issued as to LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (jf, ) (Entered: 02/25/2011)

02/25/2011 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LORILLARD INC identifying Other Affiliate BLACKROCK, INC. for LORILLARD INC, NONE by LORILLARD TOBACCO COMPANY (jf, ) (Entered: 02/25/2011)

02/25/2011 3 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by R.J. REYNOLDS TOBACCO COMPANY identifying Corporate Parent REYNOLDS AMERICAN INC., Corporate Parent BROWN & WILLIAMSON HOLDINGS, INC. for R.J. REYNOLDS TOBACCO COMPANY (jf, ) (Entered: 02/25/2011)

02/28/2011 SUMMONS Issued (7) as to LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (mmh) (Entered: 02/28/2011)

03/02/2011 4 NOTICE of Appearance by Gerald Cooper Kell on behalf of All Defendants (Kell, Gerald) (Entered: 03/02/2011)

03/10/2011 5 NOTICE of Appearance by Norman Christopher Hardee on behalf of LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Hardee, Norman) (Entered: 03/10/2011)

03/15/2011 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/28/2011. Answer due for ALL FEDERAL DEFENDANTS by 4/29/2011. (Ahmed, Amer) (Entered: 03/15/2011)

03/15/2011 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/28/2011. (Ahmed, Amer) (Entered: 03/15/2011)

03/15/2011 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LAWRENCE R. DEYTON served on 2/28/2011 (Ahmed, Amer) (Entered: 03/15/2011)

03/15/2011 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARGARET A. HAMBURG served on 2/28/2011; KATHLEEN SEBELIUS served on 2/28/2011; LAWRENCE R. DEYTON served on 2/28/2011; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/28/2011; UNITED STATES FOOD AND DRUG ADMINISTRATION served on 2/28/2011 (Ahmed, Amer) Modified to add party served on 3/16/2011 (znmw, ). (Entered: 03/15/2011)

03/18/2011 10 NOTICE of Appearance by Patrick George Nemeroff on behalf of All Defendants (Nemeroff, Patrick) (Entered: 03/18/2011)

03/18/2011 11 STANDING ORDER. Signed by Judge Richard J. Leon on 3/18/2011. (lcrjl2) (Entered: 03/18/2011)

03/21/2011 12 AMENDED COMPLAINT against LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Exhibits)(znmw, ) (Entered: 03/23/2011)

03/25/2011 Set/Reset Hearings: Status Conference set for 3/31/2011 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. (kc ) (Entered: 03/25/2011)

04/15/2011 13 Consent MOTION for Extension of Time to Brief Dispositive Motions by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Text of Proposed Order Proposed Order re Extension of Parties’ Times for Briefing Dispositive Motions)(Ahmed, Amer) (Entered: 04/15/2011)

04/15/2011 14 NOTICE of Appearance by Amer S. Ahmed on behalf of R.J. REYNOLDS TOBACCO COMPANY (Ahmed, Amer) (Entered: 04/15/2011)

04/19/2011 15 ORDER granting 13 Consent MOTION for Extension of Time to Brief Dispositive Motions by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. Signed by Judge Richard J. Leon on 4/18/2011. (see order) (kc ) (Entered: 04/19/2011)

04/19/2011 16 NOTICE of Appearance by Alan Mansfield on behalf of LORILLARD INC, LORILLARD TOBACCO COMPANY (Mansfield, Alan) (Entered: 04/19/2011)

04/22/2011 17 NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, LAWRENCE R. DEYTON, MARGARET A. HAMBBURG, KATHLEEN SEBELIUS. Attorney Gerald Cooper Kell terminated. (Kell, Gerald) Modified to add filers on 4/25/2011 (znmw, ). (Entered: 04/22/2011)

04/29/2011 18 MOTION to Dismiss by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Nemeroff, Patrick) (Entered: 04/29/2011)

05/02/2011 19 ENTERED IN ERROR…..Consent MOTION to Amend/Correct 18 MOTION to Dismiss by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support)(Nemeroff, Patrick) Modified on 5/3/2011 (znmw, ). (Entered: 05/02/2011)

05/02/2011 20 Consent MOTION to Amend/Correct 18 MOTION to Dismiss by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Nemeroff, Patrick) (Entered: 05/02/2011)

05/03/2011 NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 19 Consent MOTION to Amend/Correct 18 MOTION to DismissConsent MOTION to Amend/Correct 18 MOTION to Dismiss was entered in error and counsel refiled said pleading with proposed order as Docket Entry 20 . (znmw, ) (Entered: 05/03/2011)

05/06/2011 21 ORDER granting 20 Consent MOTION to Amend/Correct 18 MOTION to Dismiss. Signed by Judge Richard J. Leon on 5/4/2011. (see order)(kc ) (Entered: 05/06/2011)

05/06/2011 22 SUPPLEMENTAL (AMENDED) MEMORANDUM in Support re 18 MOTION to Dismiss filed by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (znmw, ) (Entered: 05/09/2011)

05/09/2011 23 MOTION for Leave to File Brief as Amici Curiae in Support of Defendant’s Motion to Dismiss by PUBLIC CITIZEN, INC., AMERICAN ACADEMY OF PEDIATRICS, AMERICAN ASSOCIATION FOR CANCER RESEARCH, AMERICAN HEART ASSOCIATION, AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN SOCIETY OF PREVENTIVE ONCOLOGY, AMERICAN THORACIC SOCIETY, ASSOCIATION OF SCHOOLS OF PUBLIC HEALTH, CAMPAIGN FOR TOBACCO FREE KIDS, CENTER FOR SCIENCE IN THE PUBLIC INTEREST, ONCOLOGY NURSING SOCIETY (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Text of Proposed Order)(nmw, ) (Entered: 05/10/2011)

05/10/2011 24 RESPONSE re 23 MOTION for Leave to File Amicus Brief filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Text of Proposed Order Proposed Order re Motion to File Amicus Brief)(Ahmed, Amer) Modified event title on 5/11/2011 (znmw, ). (Entered: 05/10/2011)

05/11/2011 MINUTE ORDER granting 23 Motion for Leave to File Memorandum as Amici Curiae in Support of Defendants’ Motion to Dismiss. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 5/11/11. (lcrjl2) (Entered: 05/11/2011)

05/11/2011 MINUTE ORDER re 24 Memorandum in Opposition, granting plaintiffs’ request for 30 days to respond to the amicus brief. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that plaintiffs have up to and including June 8, 2011 to file a memorandum in response to the amicus brief. It is further ORDERED that the memorandum shall not exceed 19 pages. Directed by Judge Richard J. Leon on 5/11/2011. (kc ) (Entered: 05/11/2011)

05/11/2011 26 AMICUS BRIEF in Support of 18 Motion to Dismiss by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN ASSOCIATION FOR CANCER RESEARCH, AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN SOCIETY OF PREVENTIVE ONCOLOGY, AMERICAN THORACIC SOCIETY, ASSOCIATION OF SCHOOLS OF PUBLIC HEALTH, CAMPAIGN FOR TOBACCO FREE KIDS, CENTER FOR SCIENCE IN THE PUBLIC INTEREST, ONCOLOGY NURSING SOCIETY, PUBLIC CITIZEN, INC.. (znmw, ) (Entered: 05/12/2011)

05/12/2011 25 Unopposed MOTION for Extension of Time to File Response/Reply by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Hardee, Norman) (Entered: 05/12/2011)

05/16/2011 MINUTE ORDER granting 25 Defendant’s Unopposed Motion for Extension of Time to File Reply. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant has up to and including June 24, 2011 to file a reply. Signed by Judge Richard J. Leon on 5/16/11. (lcrjl2) (Entered: 05/16/2011)

05/18/2011 Set/Reset Deadlines: Defendant’s reply due by 6/24/2011. (kc) (Entered: 05/18/2011)

05/31/2011 27 Memorandum in opposition to re 18 MOTION to Dismiss, 20 Consent MOTION to Amend/Correct 18 MOTION to DismissConsent MOTION to Amend/Correct 18 MOTION to Dismiss filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Exhibit 1 (Letter from Deyton to Holton 5.11.2011), # 2 Text of Proposed Order re Defendants’ Motion to Dismiss)(Ahmed, Amer) (Entered: 05/31/2011)

06/08/2011 28 RESPONSE re 26 Amicus Brief in Opposition to Memorandum of Amici Curiae Public Citizen, Inc. et al. filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Text of Proposed Order re Defendants’ Motion to Dismiss)(Ahmed, Amer) Modified link on 6/9/2011 (znmw, ). (Entered: 06/08/2011)

06/24/2011 29 REPLY to opposition to motion re 20 Consent MOTION to Amend/Correct 18 MOTION to DismissConsent MOTION to Amend/Correct 18 MOTION to Dismiss filed by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Nemeroff, Patrick) (Entered: 06/24/2011)

06/30/2011 30 NOTICE OF WITHDRAWAL OF APPEARANCE as to LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. Attorney Norman Christopher Hardee terminated. (Hardee, Norman) (Entered: 06/30/2011)

06/30/2011 31 Unopposed MOTION for Leave to File Second Amended Complaint by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Text of Proposed Order re Unopposed Motion for Leave to File Second Amended Complaint, # 2 Exhibit Second Amended Complaint)(Ahmed, Amer) (Entered: 06/30/2011)

07/01/2011 32 Consent MOTION for Leave to File Amended Brief by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Text of Proposed Order re Consent Motion for Leave to File Amended Brief, # 2 Exhibit Plaintiffs’ Amended Unopposed Motion for Leave to File Second Amended Complaint)(Ahmed, Amer) (Entered: 07/01/2011)

07/05/2011 MINUTE ORDER granting 31 Plaintiff’s Unopposed Motion for Leave to File Second Amended Complaint. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 7/5/11. (lcrjl2) (Entered: 07/05/2011)

07/05/2011 33 SECOND AMENDED COMPLAINT against LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY.(znmw, ) (Additional attachment(s) added on 7/6/2011: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF) (znmw, ). (Entered: 07/06/2011)

07/06/2011 MINUTE ORDER granting 32 Plaintiffs’ Consent Motion for Leave to File Amended Brief. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 7/6/11. (lcrjl2) (Entered: 07/06/2011)

07/06/2011 34 Amended MOTION for Leave to File Second Amended Complaint by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY (znmw, ) (Entered: 07/07/2011)

07/08/2011 35 NOTICE OF SUBSTITUTION OF COUNSEL by Adam D. Kirschner on behalf of All Defendants Substituting for attorney Christopher Hardee (Kirschner, Adam) (Entered: 07/08/2011)

07/09/2011 MINUTE ORDER granting 34 Plaintiff’s Amended Unopposed Motion for Leave to File Second Amended Complaint. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 7/9/11. (lcrjl2) (Entered: 07/09/2011)

07/11/2011 36 Joint MOTION for Order As to Scheduling by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order re Joint Motion for Scheduling Order)(Ahmed, Amer) (Entered: 07/11/2011)

07/14/2011 MINUTE ORDER granting 36 Joint Motion for Scheduling Order. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 7/14/11. (lcrjl2) (Entered: 07/14/2011)

07/18/2011 Set/Reset Deadline: Dispositive Motion as to Count V of the Amended Complaint is due by 9/8/2011. Opposition is due within 45 days of the date of service of the motion, Reply is due within 21 days of service of the opposition. (jth) (Entered: 07/18/2011)

09/08/2011 37 MOTION to Dismiss Plaintiffs’ Fifth Cause of Action by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 09/08/2011)

10/20/2011 38 Memorandum in opposition to re 37 MOTION to Dismiss Plaintiffs’ Fifth Cause of Action filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Text of Proposed Order re Defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action)(Ahmed, Amer) (Entered: 10/20/2011)

11/10/2011 39 REPLY to opposition to motion re 37 MOTION to Dismiss Plaintiffs’ Fifth Cause of Action filed by KATHLEEN G. SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Kirschner, Adam) (Entered: 11/10/2011)

01/17/2012 Set/Reset Hearings: Oral Arguments on Motion to Dismiss set for 2/7/2012 at 11:00 AM in Courtroom 18 before Judge Richard J. Leon. (kc) (Entered: 01/17/2012)

01/18/2012 40 Consent MOTION to Continue Oral Argument by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN G. SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 01/18/2012)

01/18/2012 41 Amended MOTION to Continue Oral Argument by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN G. SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 01/18/2012)

01/20/2012 MINUTE ORDER granting 41 Consent Motion to Continue Oral Argument. It is hereby ORDERED that the oral argument on defendants’ motion to dismiss scheduled for 2/7/12 at 11:00am is rescheduled to 2/14/12 at 11:00am in Courtroom 18 before Judge Richard J. Leon. Signed by Judge Richard J. Leon on 1/20/12. (lcrjl2) (Entered: 01/20/2012)

01/26/2012 Set/Reset Hearings: Oral Argument originally set for 2/7/2012 is RESCHEDULED for 2/14/2012 11:00 AM in Courtroom 18 before Judge Richard J. Leon. (kc ) (Entered: 01/26/2012)

02/14/2012 Set/Reset Hearings: Oral Argument Hearing originally set for 2/14/2012 at 11:00 AM is reset for 2/14/2012 at 11:30 AM in Courtroom 18 before Judge Richard J. Leon. (kc ) (Entered: 02/14/2012)

02/14/2012 Minute Entry for proceedings held before Judge Richard J. Leon. Oral Argument Hearing held on 2/14/2012. If Counsel wishes to file supplemental memoranda in support of their oral argument, filings should be no more than fifteen (15) pages and is due by 2/28/2012. (Court Reporter Patty Gels.) (kc ) (Entered: 02/14/2012)

02/28/2012 42 SUPPLEMENTAL MEMORANDUM to re 37 MOTION to Dismiss Plaintiffs’ Fifth Cause of Action, 18 MOTION to Dismiss in Opposition to Defendants’ Motions to Dismiss filed by LORILLARD INC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Exhibit Exhibit A)(Ahmed, Amer) (Entered: 02/28/2012)

02/28/2012 43 SUPPLEMENTAL MEMORANDUM to re 37 MOTION to Dismiss Plaintiffs’ Fifth Cause of Action, 18 MOTION to Dismiss Plaintiffs’ First Four Causes of Action filed by LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN G. SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Nemeroff, Patrick) (Entered: 02/28/2012)

08/01/2012 44 MEMORANDUM ORDER, Ordered that defendants’ Motion to Dismiss 18 is DENIED; and it is further Ordered that defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action 37 is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 7/31/2012. (see memorandum order) (kc ) (Main Document 44 replaced on 8/1/2012) (kc, ). (Entered: 08/01/2012)

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