| Court: | dcd |
| Docket #: | 1:15-cv-01590 |
| Case Name: | PHILIP MORRIS USA INC. et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al |
| PACER case #: | 174101 |
| Date filed: | 2015-09-30 |
| Assigned to: | Judge Amit P. Mehta |
| Case Cause: | 05:551 Administrative Procedure Act |
| Nature of Suit: | 899 Administrative Procedure Act/Review or Appeal of Agency Decision |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Defendant |
| Represented Party | Attorney & Contact Info |
| PHILIP MORRIS USA INC. Plaintiff |
Anthony J. Franze Miguel A. Estrada Robert Neil Weiner Amir Cameron Tayrani |
| U.S. SMOKELESS TOBACCO COMPANY LLC Plaintiff |
Anthony J. Franze Miguel A. Estrada Robert Neil Weiner Amir Cameron Tayrani |
| R.J. REYNOLDS TOBACCO COMPANY Plaintiff |
Mark Steven Brown Noel John Francisco Ashley Charles Parrish Ryan Jeffrey Watson |
| AMERICAN SNUFF COMPANY, LLC Plaintiff |
Mark Steven Brown Noel John Francisco Ashley Charles Parrish Ryan Jeffrey Watson |
| SANTA FE NATURAL TOBACCO COMPANY, INC. Plaintiff |
Mark Steven Brown Noel John Francisco Ashley Charles Parrish Ryan Jeffrey Watson |
| ITG BRANDS, LLC Plaintiff |
Mark Henry Lynch Benjamin Conrad Block |
| UNITED STATES FOOD AND DRUG ADMINISTRATION Defendant |
James T. Nelson |
| UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Defendant |
James T. Nelson |
| SYLVIA M. BURWELL Defendant in her official capacity as Secretary of Health and Human Services |
James T. Nelson |
| STEPHEN OSTROFF Defendant M.D., in his official capacity as Acting Commissioner of the Food and Drug Administration |
James T. Nelson |
| SYLVIA MATHEWS BURWELL Defendant in her official capacity as Secretary of Health and Human Services |
James T. Nelson |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-09-30 | 1 | 0 | COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4261454) filed by ITG BRANDS, LLC, R.J. REYNOLDS TOBACCO COMPANY, U.S. SMOKELESS TOBACCO COMPANY LLC, AMERICAN SNUFF COMPANY, LLC, PHILIP MORRIS USA INC., SANTA FE NATURAL TOBACCO COMPANY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Weiner, Robert) (Entered: 09/30/2015) | 2015-09-30 15:17:29 | 023f38641cf49194fe3b61098080387ab0d4f375 | |
| 1 | 1 | Civil Cover Sheet | ||||
| 1 | 2 | Summons | ||||
| 1 | 3 | Exhibit A | ||||
| 1 | 4 | Exhibit B | ||||
| 1 | 5 | Exhibit C | ||||
| 1 | 6 | Exhibit D | ||||
| 2015-09-30 | 2 | 0 | NOTICE of Appearance by Noel John Francisco on behalf of AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC. (Francisco, Noel) (Entered: 09/30/2015) | |||
| 2015-09-30 | 3 | 0 | NOTICE of Appearance by Ryan Jeffrey Watson on behalf of AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC. (Watson, Ryan) (Entered: 09/30/2015) | |||
| 2015-09-30 | 4 | 0 | NOTICE OF RELATED CASE by PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC. Case related to Case No. 1:15-cv-00544. (Weiner, Robert) (Entered: 09/30/2015) | |||
| 2015-09-30 | 5 | 0 | Corporate Disclosure Statement by PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC. (Weiner, Robert) (Entered: 09/30/2015) | |||
| 2015-09-30 | 6 | 0 | NOTICE of Appearance by Anthony J. Franze on behalf of PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Franze, Anthony) (Entered: 09/30/2015) | |||
| 2015-09-30 | 7 | 0 | SUMMONS (6) Issued Electronically as to SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 09/30/2015) | |||
| 2015-10-01 | 8 | 0 | NOTICE of Appearance by Miguel A. Estrada on behalf of PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Estrada, Miguel) (Entered: 10/01/2015) | |||
| 2015-10-01 | 9 | 0 | NOTICE of Appearance by Amir Cameron Tayrani on behalf of PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Tayrani, Amir) (Entered: 10/01/2015) | |||
| 2015-10-01 | 10 | 0 | NOTICE of Appearance by Ashley Charles Parrish on behalf of AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC. (Parrish, Ashley) (Entered: 10/01/2015) | |||
| 2015-10-01 | 11 | 0 | NOTICE of Appearance by Mark Steven Brown on behalf of AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC. (Brown, Mark) (Entered: 10/01/2015) | |||
| 2015-10-01 | 12 | 0 | Corporate Disclosure Statement by AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC.. (Brown, Mark) (Entered: 10/01/2015) | |||
| 2015-10-08 | 13 | 0 | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ITG BRANDS, LLC (Lynch, Mark) (Entered: 10/08/2015) | |||
| 2015-10-21 | 14 | 0 | NOTICE of Informational Request by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Weiner, Robert) (Entered: 10/21/2015) | 2015-11-11 14:04:59 | 3c824724876771333fa4b01b5d143cfe445e563d | |
| 2015-10-23 | 15 | 0 | NOTICE of Filing Administrative Record Index by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Administrative Record Index)(Clark, Andrew) (Entered: 10/23/2015) | |||
| 2015-10-23 | 16 | 0 | Joint MOTION for Scheduling Order by PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Weiner, Robert) (Entered: 10/23/2015) | |||
| 2015-10-26 | 17 | 0 | MINUTE ORDER granting 16 Joint Motion for Scheduling Order and setting the following briefing schedule: Plaintiffs' Motion for Summary Judgment is due on or before October 30, 2015; Defendants' Opposition to Plaintiffs' Motion for Summary Judgment, and Defendants' Motion to Dismiss and/or for Summary Judgment are due on or before December 8, 2015; Plaintiffs' Reply, and Plaintiffs' Opposition to Defendants' Motion to Dismiss and/or for Summary Judgment are due on or before January 15, 2016; and Defendants' Reply is due on or before February 5, 2016. Please see attached Order for further details. Signed by Judge Amit P. Mehta on 10/26/2015. (lcapm1) (Entered: 10/26/2015) | |||
| 2015-10-26 | 18 | 0 | NOTICE of Appearance by Mark H. Lynch on behalf of ITG BRANDS, LLC (Lynch, Mark) (Entered: 10/26/2015) | |||
| 2015-10-26 | 19 | 0 | NOTICE of Appearance by Benjamin C. Block on behalf of ITG BRANDS, LLC (Block, Benjamin) (Entered: 10/26/2015) | |||
| 2015-10-30 | 20 | 0 | NOTICE of Appearance by James T. Nelson on behalf of All Defendants (Nelson, James) (Entered: 10/30/2015) | |||
| 2015-10-30 | 21 | 0 | MOTION for Summary Judgment and Memorandum of Law in Support of Motion for Summary Judgment by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Attachments: # 1 Text of Proposed Order)(Estrada, Miguel) (Entered: 10/30/2015) | 2016-06-02 15:44:00 | 9b54a522480e3ddf85a625ed655181c42435c10e | |
| 21 | 1 | Text of Proposed Order | ||||
| 2015-10-30 | 22 | 0 | SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PHILIP MORRIS USA INC., U.S. SMOKELESS TOBACCO COMPANY LLC (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of K.C. Crosthwaite, # 2 Declaration of Heather Newman, # 3 Text of Proposed Order)(Estrada, Miguel) (Entered: 10/30/2015) | |||
| 2015-10-30 | 23 | 0 | SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of J. Brice O'Brien, # 2 Text of Proposed Order)(Francisco, Noel) Modified to add correct party on 10/30/2015 (ztd). (Entered: 10/30/2015) | |||
| 2015-10-30 | 24 | 0 | RESPONSE to 14 Informational Request. Signed by Judge Amit P. Mehta on 10/30/2015. (lcapm3) (Entered: 10/30/2015) | 2015-11-11 13:49:12 | ed66e50edec86dde95c576a8a43cae6662c375f1 | |
| 2015-11-10 | 25 | 0 | MOTION for Recusal by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Estrada, Miguel) (Entered: 11/10/2015) | 2015-11-11 14:20:52 | 470d7029c6b7d768ef35f24df0a5ef05f56c9d4c | |
| 2015-11-18 | 26 | 0 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SYLVIA M. BURWELL served on 10/5/2015; STEPHEN OSTROFF served on 10/6/2015; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/5/2015; UNITED STATES FOOD AND DRUG ADMINISTRATION served on 10/6/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/6/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/1/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 11/30/2015.) (Attachments: # 1 Affidavit Affidavit Regarding Proof of Service, # 2 Exhibit 1- Affidavits of Service and Return Receipts)(Weiner, Robert) (Entered: 11/18/2015) | |||
| 2015-11-19 | 27 | 0 | RESPONSE re 25 MOTION for Recusal filed by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Nelson, James) (Entered: 11/19/2015) | 2016-01-14 11:27:44 | c81f129ff1c3bc160f5d40319b1483e7c7ea1af6 | |
| 2015-11-20 | 28 | 0 | NOTICE by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC re 25 MOTION for Recusal (Estrada, Miguel) (Entered: 11/20/2015) | |||
| 2015-12-08 | 29 | 0 | MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nelson, James). Added MOTION for Summary Judgment on 12/9/2015 (zrdj). (Entered: 12/08/2015) | |||
| 29 | 1 | Text of Proposed Order | ||||
| 2015-12-08 | 30 | 0 | SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support Memorandum of Points and Authorities in Support of Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2)(Nelson, James) (Entered: 12/08/2015) | |||
| 2015-12-08 | 31 | 0 | Memorandum in opposition to re 21 MOTION for Summary Judgment and Memorandum of Law in Support of Motion for Summary Judgment PUBLIC COPY - SEALED MATERIAL REDACTED filed by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (redacted))(Nelson, James) (Entered: 12/08/2015) | |||
| 2015-12-10 | 32 | 0 | SEALED DOCUMENT filed by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. re 29 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(zrdj) (Entered: 12/10/2015) | |||
| 2015-12-14 | 33 | 0 | NOTICE Regarding Portions of Administrative Record Cited in Motion for Recusal by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC re 25 MOTION for Recusal (Attachments: # 1 Table of Contents, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Estrada, Miguel) (Entered: 12/14/2015) | |||
| 2016-01-13 | 34 | 0 | MEMORANDUM OPINION AND ORDER re: 25 Motion for Recusal. Plaintiffs' Motion for Recusal is hereby denied. See Memorandum Opinion and Order for further details. Signed by Judge Amit P. Mehta on 01/13/2016. (lcapm1) (Main Document 34 replaced on 1/13/2016, due to a typographical error in the first paragraph of the first page.) (cdw) (Entered: 01/13/2016) | 2016-01-13 19:12:52 | 9e50e8a085bdd0cbd0db357e1a1d65c1bdff5d25 | |
| 2016-01-15 | 35 | 0 | REPLY to opposition to motion re 21 MOTION for Summary Judgment and Memorandum of Law in Support of Motion for Summary Judgment filed by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC. (Estrada, Miguel) (Entered: 01/15/2016) | |||
| 2016-01-15 | 36 | 0 | Memorandum in opposition to re 29 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment filed by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC. (Estrada, Miguel) (Entered: 01/15/2016) | |||
| 2016-01-27 | 37 | 0 | Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Proposed Order)(Nelson, James) (Entered: 01/27/2016) | |||
| 2016-02-10 | 38 | 0 | REPLY to opposition to motion re 29 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment filed by SYLVIA M. BURWELL, STEPHEN OSTROFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Nelson, James) (Entered: 02/10/2016) | |||
| 2016-04-07 | 39 | 0 | Corporate Disclosure Statement by AMERICAN SNUFF COMPANY, LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC.. (Brown, Mark) (Entered: 04/07/2016) | |||
| 2016-06-07 | 40 | 0 | NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC (Attachments: # 1 Exhibit A)(Estrada, Miguel) (Entered: 06/07/2016) | |||
| 2016-06-07 | 41 | 0 | JOINT APPENDIX by AMERICAN SNUFF COMPANY, LLC, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., U.S. SMOKELESS TOBACCO COMPANY LLC. (Estrada, Miguel) (Entered: 06/07/2016) | |||
| 2016-06-20 | 42 | 0 | TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Amit P. Mehta held on June 9, 2016; Page Numbers: 1-94. Date of Issuance: June 20, 2016. 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 purchased 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 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/18/2016.(wz) Modified on 7/5/2016 (zrdj). (Entered: 06/20/2016) | |||
| 2016-08-16 | 43 | 0 | MEMORANDUM OPINION re: 21 Plaintiffs' Motion for Summary Judgment, and 29 Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment. Signed by Judge Amit P. Mehta on 08/16/2016. (lcapm1) (Entered: 08/16/2016) | 2016-08-19 12:02:56 | 131ed49f55171bbc5c1b5fb27fb2558e6bbab230 | |
| 2016-08-16 | 44 | 0 | ORDER. The court (1) denies 29 Defendants' Motion to Dismiss, (2) grants in part and denies in part 29 Defendants' Motion for Summary Judgment, and (3) grants in part and denies in part 21 Plaintiffs' Motion for Summary Judgment. This matter is remanded to the United States Food and Drug Administration for further proceedings consistent with the court's 43 Memorandum Opinion. See attached Order for further details. Signed by Judge Amit P. Mehta on 08/16/2016. (lcapm1) (Entered: 08/16/2016) |