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.

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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)

END EXCERPT

FULL TEXT:

U.S. District Court

District of Columbia (Washington, DC)

CIVIL DOCKET FOR CASE #: 1:16-cv-01460-APM

CIGAR ASSOCIATION OF AMERICA et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al

Assigned to: Judge Amit P. Mehta

Cause: 05:702 Administrative Procedure Act

Date Filed: 07/15/2016

Jury Demand: None

Nature of Suit: 890 Other Statutory Actions

Jurisdiction: U.S. Government Defendant

Date Filed # Docket Text

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 ( Filing fee $ 400 receipt number 0090-4605334) filed by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Food and Drug Administration, # 3 Summons United States Department of Health and Human Services, # 4 Summons Sylvia M. Burwell, # 5 Summons Robert Califf, M.D.)(Heller, Mark) (Entered: 07/15/2016)

07/19/2016 Case Assigned to Judge Amit P. Mehta. (dr) (Entered: 07/19/2016)

07/19/2016 2 REQUEST FOR SUMMONS TO ISSUE as to the United States Attorney General and the United States Attorney’s Office for the District of Columbia filed by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION.(Heller, Mark) (Entered: 07/19/2016)

07/19/2016 3 SUMMONS (6) Issued Electronically as to SYLVIA M. BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(zsb) (Entered: 07/19/2016)

07/26/2016 4 NOTICE of Appearance by Mark S. Raffman on behalf of CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Raffman, Mark) (Entered: 07/26/2016)

08/18/2016 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SYLVIA M. BURWELL served on 8/1/2016 (Raffman, Mark) (Entered: 08/18/2016)

08/18/2016 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/26/2016 (Raffman, Mark) (Entered: 08/18/2016)

08/18/2016 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/26/2016. (Raffman, Mark) (Entered: 08/18/2016)

08/18/2016 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/26/2016. Answer due for ALL FEDERAL DEFENDANTS by 9/24/2016. (Raffman, Mark) (Entered: 08/18/2016)

09/30/2016 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/27/2016. Answer due for ALL FEDERAL DEFENDANTS by 11/26/2016. (Attachments: # 1 Affidavit of Alexis D. Fernandez)(Heller, Mark) (Entered: 09/30/2016)

10/26/2016 10 ANSWER to Complaint by SYLVIA M. BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION.(Beckenhauer, Eric) (Entered: 10/26/2016)

10/27/2016 11 ORDER: Both a Complaint and an Answer are now before the court in this APA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before November 14, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/27/2016. (lcapm3) (Entered: 10/27/2016)

10/27/2016 Set/Reset Deadlines/Hearings: Joint Status Report due by 11/14/2016. (cdw) (Entered: 10/28/2016)

11/03/2016 12 NOTICE of Appearance by Michael James Edney on behalf of CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Edney, Michael) (Entered: 11/03/2016)

11/03/2016 13 NOTICE of Appearance by Caroline M. Mew on behalf of CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Mew, Caroline) (Entered: 11/03/2016)

11/14/2016 14 Joint STATUS REPORT and MOTION for Extension of Time by SYLVIA M. BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) Modified on 11/15/2016 (znmw). (Entered: 11/14/2016)

11/15/2016 MINUTE ORDER granting 14 Motion for Extension of Time. The parties shall file another Joint Status Report that proposes a schedule for this case on or before November 18, 2016. Signed by Judge Amit P. Mehta on 11/15/2016. (lcapm3) (Entered: 11/15/2016)

11/15/2016 Set/Reset Deadlines/Hearings: Joint Status Report due by 11/18/2016. (cdw) (Entered: 11/15/2016)

11/18/2016 15 Joint STATUS REPORT and Proposed Scheduling Order by SYLVIA M. BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 11/18/2016)

11/18/2016 16 NOTICE of Filing of Certified Index to Administrative Record by SYLVIA M. BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Certified Index to Administrative Record)(Beckenhauer, Eric) (Entered: 11/18/2016)

11/22/2016 17 ORDER: Having considered the parties’ 15 Joint Status Report and Proposed Scheduling Order, the court sets the following schedule for further proceedings in this matter: Plaintiffs’ Motion for Summary Judgment shall be filed on or before February 13, 2017; Briefs of any amici granted leave to file in support of Plaintiffs shall be filed on or before February 20, 2017; Defendants’ Opposition and Cross-Motion for Summary Judgment shall be filed on or before March 30, 2017; Briefs of any amici granted leave to file in support of Defendants shall be filed on or before April 6, 2017; Plaintiffs’ Reply and Opposition shall be filed on or before May 15, 2017; Defendants’ Reply shall be filed on or before June 14, 2017; and Plaintiffs’ appendix containing excerpts of the administrative record shall be filed on or before June 28, 2017. Oral argument is scheduled for July 28, 2017 at 10:00 a.m. in Courtroom 10. Please see the attached Order for additional details, and please note bolded additions to the Order. Signed by Judge Amit P. Mehta on 11/22/2016. (lcapm3) (Entered: 11/22/2016)

11/22/2016 Set/Reset Deadlines/Hearings: Plaintiffs’ Summary Judgment motion due by 2/13/2017. Response to Motion for Summary Judgment due by 3/30/2017. Reply to Motion for Summary Judgment due by 5/15/2017. Plaintiffs’ Brief of any amici due by 2/20/2017. Defendant’s Cross Motion due by 3/30/2017. Response to Cross Motion due by 5/15/2017. Reply to Cross Motion due by 6/14/2017. Defendants’ Brief of any amici due by 4/6/2017. Plaintiffs’ appendix due by 6/28/2017. Oral argument scheduled for 7/28/2017 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 12/05/2016)

12/12/2016 18 Joint MOTION for Protective Order by CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Edney, Michael) (Entered: 12/12/2016)

12/13/2016 19 ORDER granting 18 Joint Motion for Protective Order. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/13/2016. (lcapm3) (Entered: 12/13/2016)

02/03/2017 20 MOTION for Leave to File Excess Pages , MOTION to Expedite by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Edney, Michael) (Entered: 02/03/2017)

02/06/2017 MINUTE ORDER. It is hereby ordered that Defendants shall file a Response to Plaintiffs’ 20 Motion to Exceed Page Limits and for Expedited Consideration of Motion by noon on Tuesday, February 7. Signed by Judge Amit P. Mehta on 02/06/2017. (lcapm3) (Entered: 02/06/2017)

02/06/2017 Set/Reset Deadlines/Hearings: Response to 20 due by 2/7/2017. (cdw) (Entered: 02/06/2017)

02/06/2017 21 RESPONSE re 20 MOTION for Leave to File Excess Pages MOTION to Expedite filed by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Beckenhauer, Eric) (Entered: 02/06/2017)

02/07/2017 MINUTE ORDER granting Plaintiffs’ 20 Motion to Exceed Page Limits. Plaintiffs’ Memorandum in Support of their Motion for Summary Judgment shall not exceed 65 pages. Signed by Judge Amit P. Mehta on 02/07/2017. (lcapm3) (Entered: 02/07/2017)

02/13/2017 22 MOTION for Summary Judgment by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1 Declaration of Cecil Reynolds, Ph.D., # 2 Exhibit 1 to Reynolds Decl., # 3 Exhibit 2 to Reynolds Decl., # 4 Declaration of Rocky Patel, # 5 Exhibit A to Patel Decl., # 6 Exhibit B to Patel Decl., # 7 Declaration of Janelle Rosenfeld, # 8 Exhibit A to Rosenfeld Decl., # 9 Declaration of John Anderson, # 10 Text of Proposed Order)(Edney, Michael) (Entered: 02/13/2017)

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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