DOCKET for NICOPURE LABS v. FDA et al, Jul 29-Aug 3, 2016

August 2, 2016 4:16 pm by Gene Borio

EXCERPT:

08/02/2016 MINUTE ORDER. Five parties have filed motions for leave to appear as amicus curiae in support of plaintiffs in this action. The 24 unopposed motion for leave to file by TechFreedom and the National Center for Public Policy Research is GRANTED, and they shall file their amicus brief, which shall be no longer than TEN PAGES, by August 5, 2016. The 25 unopposed motion for leave to file by Smoke-Free Alternatives Trade Association is GRANTED, and the Clerk of Court is directed to docket the [25-2] proposed amicus brief. The 27 motion for leave to file by Consumer Advocates for Smoke-Free Alternatives Association is DENIED. The 27 motion, which does not state the “position of each party as to the filing of the motion,” see LCvR 7(o)(2), also seeks to introduce “scientific evidence that may help dispel some of the myths regarding ENDS use,” and “hopes to have the opportunity to also present the results of its landmark 2015 survey, which includes the invaluable insight of more than 20,000 of its members, people who actually use electronic cigarettes.” This case will be decided on the basis of the existing administrative record, and the survey, however valuable it may be to the community, does not appear to be part of the existing record. The 28 and 29 motions for leave to file by Clive Bates and by the Vape a Vet Project are DENIED WITHOUT PREJUDICE because the motions do not include the position of the other parties to this action. . . . The government shall respond to the arguments raised by amici in their August 16, 2016 filing. SO ORDERED.

END EXCERPT

FULL TEXT:

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

07/29/2016 23 ENTERED IN ERROR…..NOTICE of Appearance by Jonathan W. Emord on behalf of TechFreedom, The National Center for Public Policy Research (Emord, Jonathan) Modified on 8/1/2016 (jf). (Entered: 07/29/2016)

08/01/2016 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 23 Notice of Appearance was entered in error. No Motion to Intervene or Amicus has been filed. (jf) (Entered: 08/01/2016)

08/01/2016 24 Unopposed MOTION for Leave to File Amicus Curiae Brief by TechFreedom, The National Center for Public Policy Research (Attachments: # 1 Text of Proposed Order)(Emord, Jonathan) (Entered: 08/01/2016)

08/01/2016 25 Unopposed MOTION for Leave to File Amicus Curiae Brief by SMOKE-FREE ALTERNATIVES TRADE ASSOCIATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1- Proposed Amicus Brief, # 3 Exhibit 2- LCvR 7.1 Certificate of Corporate Disclosure)(Prins, Andrew) (Entered: 08/01/2016)

08/01/2016 26 NOTICE of Appearance by Andrew D. Prins on behalf of SMOKE-FREE ALTERNATIVES TRADE ASSOCIATION (Prins, Andrew) (Entered: 08/01/2016)

08/01/2016 27 MOTION for Leave to File Brief Amicus Curiae by Consumer Advocates for Smoke-Free Alternatives Association (Stanco, Eric) (Entered: 08/01/2016)

08/02/2016 28 MOTION for Leave to File Brief Amicus Curiae by Clive Bates (Attachments: # 1 Text of Proposed Order)(Stanco, Eric) (Entered: 08/02/2016)

08/02/2016 29 MOTION for Leave to File Brief Amicus Curiae by The Vape A Vet Project (Attachments: # 1 Text of Proposed Order)(Stanco, Eric) (Entered: 08/02/2016)

08/02/2016 MINUTE ORDER. Five parties have filed motions for leave to appear as amicus curiae in support of plaintiffs in this action. The 24 unopposed motion for leave to file by TechFreedom and the National Center for Public Policy Research is GRANTED, and they shall file their amicus brief, which shall be no longer than TEN PAGES, by August 5, 2016. The 25 unopposed motion for leave to file by Smoke-Free Alternatives Trade Association is GRANTED, and the Clerk of Court is directed to docket the [25-2] proposed amicus brief. The 27 motion for leave to file by Consumer Advocates for Smoke-Free Alternatives Association is DENIED. The 27 motion, which does not state the “position of each party as to the filing of the motion,” see LCvR 7(o)(2), also seeks to introduce “scientific evidence that may help dispel some of the myths regarding ENDS use,” and “hopes to have the opportunity to also present the results of its landmark 2015 survey, which includes the invaluable insight of more than 20,000 of its members, people who actually use electronic cigarettes.” This case will be decided on the basis of the existing administrative record, and the survey, however valuable it may be to the community, does not appear to be part of the existing record. The 28 and 29 motions for leave to file by Clive Bates and by the Vape a Vet Project are DENIED WITHOUT PREJUDICE because the motions do not include the position of the other parties to this action. LCvR 7(o)(2). The movants may file revised motions for leave in accordance with Local Civil Rule 7(o)(2), and shall attach proposed briefs of no more than TEN PAGES each, by August 5, 2016. The amicus briefs will be most helpful to the Court if they do not repeat the arguments already made by the plaintiffs. The government shall respond to the arguments raised by amici in their August 16, 2016 filing. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/2/2016.(lcabj3) (Entered: 08/02/2016)

08/02/2016 Set/Reset Deadlines: TechFreedom and the National Center for Public Policy Research shall file their amicus brief, no longer than Ten (10) Pages, by 8/5/2016. (jth) (Entered: 08/02/2016)

08/02/2016 30 AMICUS BRIEF by SMOKE-FREE ALTERNATIVES TRADE ASSOCIATION. (jf) (Entered: 08/03/2016)

08/02/2016 31 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by SMOKE-FREE ALTERNATIVES TRADE ASSOCIATION (jf) (Entered: 08/03/2016)

08/03/2016 32 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Suraci, :Address- 75A Lake Road, Suite 142, Congers, NY, 10920. Phone No. - (917) 243-1090. Filing fee $ 100, receipt number 0090-4626880. Fee Status: Fee Paid. by NATIONAL CENTER FOR PUBLIC POLICY RESEARCH, TECHFREEDOM (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Emord, Jonathan) (Entered: 08/03/2016)

08/03/2016 33 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Berin Szoka, :Firm- TechFreedom, :Address- 110 Maryland Ave. NE, #409, Washington, D.C. 20001. Phone No. - (202) 728-2210. Filing fee $ 100, receipt number 0090-4626938. Fee Status: Fee Paid. by NATIONAL CENTER FOR PUBLIC POLICY RESEARCH, TECHFREEDOM (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Emord, Jonathan) (Entered: 08/03/2016)

08/03/2016 34 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL CENTER FOR PUBLIC POLICY RESEARCH (Emord, Jonathan) (Entered: 08/03/2016)

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