DOCKET for NICOPURE LABS, LLC v. FDA et al, Jun 23-28, 2016

June 26, 2016 7:28 pm by Gene Borio

EXCERPT:

All further filings with this Court shall be filed only in Nicopure Labs v. FDA, Civil Action No. 16-878. Nicopure Labs’ motion for summary judgment shall be filed by July 8, 2016. The Right to Be Smoke-Free motion for summary judgment, which must be focused on the claims unique to those plaintiffs, shall be filed on July 25, 2016. Defendants’ opposition to both motions and cross-motion for summary judgment, which shall be supported by a single memorandum of points and authorities, shall be filed by August 16, 2016. Nicopure and Right to Be Smoke-Free shall file a consolidated reply in support of their motions for summary judgment, and in opposition to defendants’ cross-motion for summary judgment, by August 26, 2016. Defendants’ reply in support of their cross-motion shall be filed by September 9, 2016. The hearing on the motions currently set for September 8, 2016 is hereby vacated, and a motions hearing will be held on October 19, 2016 at 10:00 a.m. in Courtroom 3. Defendants’ obligation to answer the complaints in both cases shall be held in abeyance pending the resolution of the parties’ cross-motions for summary judgment. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/28/2016. (lcabj3) (Entered: 06/28/2016)

END EXCERPT

FULL TEXT:

U.S. District Court

District of Columbia (Washington, DC)

CIVIL DOCKET FOR CASE #: 1:16-cv-00878-ABJ

NICOPURE LABS, LLC v. FOOD AND DRUG ADMINISTRATION et al

Assigned to: Judge Amy Berman Jackson

Case: 1:16-cv-01210-ABJ

Cause: 05:551 Administrative Procedure Act

Date Filed: 05/10/2016

Jury Demand: None

Nature of Suit: 899 Administrative Procedure Act/Review or Appeal of Agency Decision

Jurisdiction: U.S. Government Defendant

Date Filed # Docket Text

06/23/2016 18 Joint MOTION for Briefing Schedule and Response to Court’s June 21, 2016, Minute Order by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 06/23/2016)

06/24/2016 MINUTE ORDER. The parties have submitted a proposed schedule that agrees to “consolidation,” presumably pursuant to Federal Rule of Civil Procedure 42(a)(2), but it does not include further steps that would achieve the benefit of the efficiency that consolidation can provide. The Court is inclined to order that Nicopure and Right to be Smoke-Free file a single consolidated amended complaint followed by a single motion for summary judgment, or that, at the very least, they file a consolidated summary judgment pleading for all of the identical claims, with Right to be Smoke-Free filing its own motion and subsequent pleadings only with respect to the claims that are unique. The Court will hear the parties’ views on this issue during a telephone conference that will be scheduled for a date and time to be determined. In the meantime, the briefing schedule in the Nicopure matter is hereby VACATED, and plaintiffs’ summary judgment pleadings will be due no earlier than July 8, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/24/2016.(lcabj3) (Entered: 06/24/2016)

06/26/2016 Set/Reset Hearings: The Telephone Conference call in these cases is set for Tuesday, June 28, 2016, at 11:15 AM before Judge Amy Berman Jackson. The Deputy Clerk will provide the parties with the dial-in telephone number and pass code by e-mail on Monday, June 27, 2016. (jth) (Entered: 06/26/2016)

06/28/2016 19 ORDER. Pursuant to Federal Rule of Civil Procedure 42(a), Nicopure Labs, LLC v. FDA, Civil Action No. 16-878 (ABJ), is consolidated with Right to be Smoke-Free Coalition et al. v. FDA, Civil Action No. 16-1210 (ABJ). The Clerk of Court is directed to close Right to be Smoke Free Coalition v. FDA and transfer all plaintiffs in Civil Action No. 16-1210 (ABJ) to Nicopure Labs v. FDA, Civil Action No. 16-878. All further filings with this Court shall be filed only in Nicopure Labs v. FDA, Civil Action No. 16-878. Nicopure Labs’ motion for summary judgment shall be filed by July 8, 2016. The Right to Be Smoke-Free motion for summary judgment, which must be focused on the claims unique to those plaintiffs, shall be filed on July 25, 2016. Defendants’ opposition to both motions and cross-motion for summary judgment, which shall be supported by a single memorandum of points and authorities, shall be filed by August 16, 2016. Nicopure and Right to Be Smoke-Free shall file a consolidated reply in support of their motions for summary judgment, and in opposition to defendants’ cross-motion for summary judgment, by August 26, 2016. Defendants’ reply in support of their cross-motion shall be filed by September 9, 2016. The hearing on the motions currently set for September 8, 2016 is hereby vacated, and a motions hearing will be held on October 19, 2016 at 10:00 a.m. in Courtroom 3. Defendants’ obligation to answer the complaints in both cases shall be held in abeyance pending the resolution of the parties’ cross-motions for summary judgment. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/28/2016. (lcabj3) (Entered: 06/28/2016)

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