DOCKET CAA v FDA MAR-DEC, 2018

December 14, 2018 10:25 pm by Gene Borio

EXCERPT:

MINUTE ORDER. Briefing on the unresolved counts in this matter is deferred until at least January 14, 2019, on which date the parties shall file an additional Joint Status Report that proposes a schedule for further proceedings, if appropriate.

END EXCERPT

FULL TEXT:

03/20/2018

90 

NOTICE of Related Case and of Motion to Transfer to This Court by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 En Fuego - Complaint, # 2 En Fuego - Defendants’ Motion to Transfer)(Beckenhauer, Eric) (Entered: 03/20/2018)

03/23/2018

91 

NOTICE of Publication of Advance Notice of Proposed Rulemaking by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 ANPRM)(Beckenhauer, Eric) (Entered: 03/23/2018)

03/27/2018

92 

RESPONSE re 91 NOTICE by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Edney, Michael) Modified event title on 3/28/2018 (znmw). (Entered: 03/27/2018)

04/10/2018

93 

RESPONSE re 92 Plaintiffs’ Response to NOTICE of Publication of Advance Notice of Proposed Rulemaking filed by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Beckenhauer, Eric) Modified to add link on 4/12/2018 (znmw). (Entered: 04/10/2018)

05/15/2018

94 

MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiffs’ 62 Motion for Partial Summary Judgment, denying Plaintiffs’ 61 Motion for Preliminary Injunction as moot, and granting in part and denying in part Defendants’ 74 Cross-Motion for Partial Summary Judgment. No later than June 11, 2018, the parties shall submit a Joint Status Report recommending how to proceed with the remaining, unresolved claims. See the attached Memorandum Opinion and Order for details. Signed by Judge Amit P. Mehta on 05/15/2018. (lcapm3) (Entered: 05/15/2018)

05/15/2018

 

Set/Reset Deadlines: Joint Status Report due by 6/11/2018. (zjd) (Entered: 05/16/2018)

06/08/2018

95 

MOTION to Stay or MOTION for Injunction Pending Appeal or, in the Alternative, Pending Resolution of Count V of Plaintiffs’ Complaint by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Edney, Michael). Added MOTION on 6/11/2018 (zjf). (Entered: 06/08/2018)

06/08/2018

96 

MOTION for Briefing Schedule (Expedited) on Plaintiffs’ Motion for a Stay or Injunction Pending Appeal or, in the Alternative, Pending Resolution of Count V of Plaintiffs’ Complaint 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: 06/08/2018)

06/11/2018

97 

Joint STATUS REPORT by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Beckenhauer, Eric) (Entered: 06/11/2018)

06/12/2018

 

MINUTE ORDER. Defendants shall file a response to Plaintiffs’ 96 Motion for Briefing Schedule by no later than June 14. Signed by Judge Amit P. Mehta on 06/12/2018. (lcapm3) (Entered: 06/12/2018)

06/12/2018

 

Set/Reset Deadlines: Responses due by 6/14/2018. (zjd) (Entered: 06/13/2018)

06/14/2018

98 

Memorandum in opposition to re 96 MOTION for Briefing Schedule (Expedited) on Plaintiffs’ Motion for a Stay or Injunction Pending Appeal or, in the Alternative, Pending Resolution of Count V of Plaintiffs’ Complaint filed by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Beckenhauer, Eric) (Entered: 06/14/2018)

06/18/2018

 

MINUTE ORDER denying Plaintiffs’ 96 Motion for Expedited Briefing Schedule. Pursuant to the telephonic conference held on this date, Defendants shall respond to Plaintiffs’ 95 Motion for Stay on or before June 22, 2018. Signed by Judge Amit P. Mehta on 06/18/2018. (lcapm3) (Entered: 06/18/2018)

06/18/2018

 

Set/Reset Deadlines: Defendant’s Response due by 6/22/2018. (zjd) (Entered: 06/18/2018)

06/22/2018

99 

Memorandum in opposition to re 95 MOTION to Stay or for Injunction Pending Appeal or, in the Alternative, Pending Resolution of Count V of Plaintiffs’ Complaint filed by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Beckenhauer, Eric) (Entered: 06/22/2018)

06/26/2018

100 

Unopposed MOTION for Entry of Final Judgment on Counts VI and VII of Plaintiffs’ Complaint Pursuant to Federal Rule of Civil Procedure 54(b) by CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Edney, Michael) (Entered: 06/26/2018)

06/27/2018

101 

ORDER granting Plaintiffs’ 100 Unopposed Motion for Entry of Final Judgment. Final judgment is entered in favor of Defendants on Counts VI and VII of Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 54(b). That judgment is ripe for appeal under 28 U.S.C. 1291 and 1292. See attached Order for details. Signed by Judge Amit P. Mehta on 06/27/2018. (lcapm3) (Entered: 06/27/2018)

06/27/2018

102 

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 101 Order on Motion for Entry of Final Judgment, 94 Memorandum & Opinion,, by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION. Filing fee $ 505, receipt number 0090-5557925. Fee Status: Fee Paid. Parties have been notified. (Edney, Michael) (Entered: 06/27/2018)

06/27/2018

103 

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 102 Notice of Appeal to DC Circuit Court,. (jf) (Entered: 06/27/2018)

06/28/2018

 

USCA Case Number 18-5195 for 102 Notice of Appeal to DC Circuit Court, filed by INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION, CIGAR RIGHTS OF AMERICA, CIGAR ASSOCIATION OF AMERICA. (ztd) (Entered: 07/02/2018)

06/29/2018

104 

REPLY to opposition to motion re 95 MOTION to Stay or for Injunction Pending Appeal or, in the Alternative, Pending Resolution of Count V of Plaintiffs’ Complaint filed by CIGAR ASSOCIATION OF AMERICA, CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION. (Attachments: # 1 Exhibit A)(Edney, Michael) (Entered: 06/29/2018)

07/03/2018

105 

NOTICE OF SUPPLEMENTAL AUTHORITY by CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Edney, Michael) (Entered: 07/03/2018)

07/05/2018

106 

MEMORANDUM OPINION re: Plaintiffs’ 95 Motion for Injunction Pending Appeal. See the attached Memorandum Opinion for details. Signed by Judge Amit P. Mehta on 07/05/2018. (lcapm3) (Entered: 07/05/2018)

07/05/2018

107 

ORDER granting Plaintiffs’ 95 Motion for Injunction Pending Appeal. For the reasons set forth in the 106 Memorandum Opinion, Defendants are hereby enjoined from enforcing the FDA’s cigar and pipe tobacco warnings requirements set forth at 21 C.F.R. §§ 1143.3 and 1143.5 until 60 days after the final disposition of Plaintiffs’ appeal. See the attached Order for details. Signed by Judge Amit P. Mehta on 07/05/2018. (lcapm3) (Entered: 07/05/2018)

08/02/2018

108 

NOTICE of Transfer of Related Case by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Beckenhauer, Eric) (Entered: 08/02/2018)

08/07/2018

 

MINUTE ORDER setting Status Conference for Monday, August 13, 2018, at 2:00 p.m. in Courtroom 10. In advance of the Status Conference, the parties shall meet and confer to discuss how they wish to proceed in this matter, as well as in En Fuego Tobacco Shop LLC v. FDA, 1:18-cv-01797-APM. The parties should be prepared at the status conference to address their respective positions. Signed by Judge Amit P. Mehta on 08/07/2018. (lcapm3) (Entered: 08/07/2018)

08/07/2018

 

Set/Reset Hearings: Status Conference set for 8/13/2018 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (zjd) (Entered: 08/07/2018)

08/11/2018

 

MINUTE ORDER rescheduling Status Conference previously set for August 13, 2018, to August 16, 2018, at 10:00 a.m. in Courtroom 10. Signed by Judge Amit P. Mehta on 08/11/2018. (lcapm3) (Entered: 08/11/2018)

08/11/2018

 

Set/Reset Hearings: Status Conference rescheduled to 8/16/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) (Entered: 08/13/2018)

08/16/2018

 

Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 8/16/2018. Joint Status Report due by 11/1/2018. (Court Reporter: William Zaremba) (zjd) (Entered: 08/16/2018)

08/23/2018

109 

TRANSCRIPT OF JOINT STATUS CONFERENCE HEARING PROCEEDINGS before Judge Amit P. Mehta held on August 16, 2018; Page Numbers: 1-49. Date of Issuance: August 23, 2018. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form

For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or pur chased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 9/13/2018. Redacted Transcript Deadline set for 9/23/2018. Release of Transcript Restriction set for 11/21/2018.(wz) (Entered: 08/23/2018)

11/01/2018

110 

Joint STATUS REPORT by CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Edney, Michael) (Entered: 11/01/2018)

11/08/2018

 

MINUTE ORDER. The parties shall submit an additional Joint Status Report no later than December 3, 2018, which sets forth the parties’ respective proposals for further proceedings in this matter. Signed by Judge Amit P. Mehta on 11/08/18. (lcapm3). (Entered: 11/08/2018)

11/08/2018

 

Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (zjd) (Entered: 11/09/2018)

12/03/2018

111 

Joint MOTION for Extension of Time to File Joint Status Report by SYLVIA MATHEWS 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: 12/03/2018)

12/04/2018

 

MINUTE ORDER granting 111 Joint Motion for Extension of Time to File Joint Status Report. The parties shall file their Report on or before December 13, 2018. Signed by Judge Amit P. Mehta on 12/04/2018. (lcapm3) (Entered: 12/04/2018)

12/04/2018

 

Set/Reset Deadlines: Joint Status Report due by 12/13/2018. (zjd) (Entered: 12/06/2018)

12/13/2018

112 

Joint STATUS REPORT by CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION. (Edney, Michael) (Entered: 12/13/2018)

12/14/2018

 

MINUTE ORDER. Briefing on the unresolved counts in this matter is deferred until at least January 14, 2019, on which date the parties shall file an additional Joint Status Report that proposes a schedule for further proceedings, if appropriate. Signed by Judge Amit P. Mehta on 12/14/2018. (lcapm3) (Entered: 12/14/2018)

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