Vapor Technology Association et al v. Baker et al
| Massachusetts District Court | |
| Judge: | Indira Talwani |
| Case #: | 1:19-cv-12048 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Oct 01, 2019 |
| Terminated: | Nov 07, 2019 |
| Last checked: Sunday Mar 29, 2020 5:58 AM EDT |
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Defendant
Governor Charlie Baker
Boston Office of the Governor Massachusetts State house, Office of the Governor Room 280
Boston, MA 02133 |
Represented By
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Defendant
Commissioner of DPH Monica Bharel
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Represented By
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Plaintiff
Christopher Austin
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Represented By
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Plaintiff
Ian Devine
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Represented By
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Plaintiff
Devine Enterprise Inc
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Represented By
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Plaintiff
Ohmerica LLC
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Represented By
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Plaintiff
Rising Sun Vapors LLC
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Represented By
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Plaintiff
The Steam Co. LLC
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Represented By
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Plaintiff
Vapor Technology Association
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Represented By
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Plaintiff
Adam Webster
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Represented By
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| 1. | Vaping Industry Drops Federal Lawsuit Against Mass. Ban (nbcboston.com) |
| Submitted Tue 11/12/2019 | |
| Docket last updated: 11/24/2024 11:59 PM EST |
| Wednesday, November 06, 2019 | ||
| 37 | 37
notice
Notice of Voluntary Dismissal
Wed 11/06 7:40 PM
NOTICE of Voluntary Dismissal by All Plaintiffs (Fick, William) |
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| Friday, October 18, 2019 | ||
| 36 | 36
cmp
Amended Complaint
Fri 10/18 4:30 PM
AMENDED COMPLAINT against All Plaintiffs, filed by Ohmerica LLC, Devine Enterprise Inc, Adam Webster, Ian Devine, The Steam Co. LLC, Christopher Austin, Vapor Technology Association, Rising Sun Vapors LLC.(Fick, William) |
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| 35 | 35
notice
Notice - Other
Fri 10/18 4:25 PM
NOTICE by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster RE: Filing of First Amended Complaint (Fick, William) |
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| Tuesday, October 15, 2019 | ||
| 34 | 34
minutes
Scheduling Conference
Thu 10/17 4:22 PM
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 10/15/2019. Case called. Court had colloquy with counsel. If assented-to motion for leave to file amended complaint is filed and allowed, the Answer or Response will be due 11/15/19. If Answer filed, then initial disclosures will be due two weeks later, and discovery will begin. If a motion to dismiss is filed, discovery will be stayed. Plaintiffs may move to consolidate discovery with 19-CV-12035 Mass Dynamics, LLC et al v. Baker et al. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Fick, Terry, Casey, Spector, Kobick) (MacDonald, Gail) |
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| Sunday, October 13, 2019 | ||
| 33 | 33
notice
Notice of Scheduling Conference
Sun 10/13 9:59 AM
ELECTRONIC NOTICE of Scheduling Conference. The Hearing set for 9:00 a.m. is canceled. Scheduling Conference set for 10/15/2019 11:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
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| Friday, October 11, 2019 | ||
| 32 | 32
3
pgs
order
Order on Motion to Withdraw
Fri 10/11 8:02 PM
Judge Indira Talwani: ORDER entered granting28 Motion to Withdraw Motion for Preliminary Injunction. A scheduling conference will be held on October 15, 2019, at 11:00 a.m., in courtroom 9 in lieu of the evidentiary hearing. (Talwani, Indira) |
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| 31 | 31
notice
Notice - Other
Fri 10/11 4:14 PM
NOTICE by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster re28 MOTION to Withdraw3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and to Cancel Evidentiary Hearing (Marx, Daniel) |
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Exhibit A,
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Exhibit C
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respm
Response to Motion
Fri 10/11 3:54 PM
RESPONSE to Motion re28 MOTION to Withdraw3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and to Cancel Evidentiary Hearing filed by Charlie Baker, Monica Bharel. (Casey, Timothy) |
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| 29 | 29
order
Order
Fri 10/11 2:36 PM
Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs refer in their pending Motion to Withdraw28 to an ongoing evidentiary hearing in Vapor Technology Association et al. v. Baker, 1984 CV 03102 (Suffolk Super. Ct.), as a reason to cancel the hearing scheduled in this court for October 15. Plaintiffs shall promptly file in connection with the pending motion here a copy of the complaint and motion(s) at issue in the Superior Court action. (Vieira, Leonardo) |
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| 28 | 28
motion
Withdraw
Fri 10/11 10:26 AM
MOTION to Withdraw3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and to Cancel Evidentiary Hearing by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William) |
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| Monday, October 07, 2019 | ||
| 27 | 27
notice
Notice of Filing of Official Transcript
Mon 10/07 9:53 AM
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at[LINK:http://www.mad.uscourts.gov/attorneys/general-info.htm] (Scalfani, Deborah) |
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| 26 | 26
misc
Transcript
Mon 10/07 9:53 AM
Transcript of Motion Hearing held on October 4, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/6/2020. (Scalfani, Deborah) |
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| Friday, October 04, 2019 | ||
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order
Order on Motion for TRO
Fri 10/04 6:10 PM
Judge Indira Talwani: ELECTRONIC ORDER entered denying Motion3 as to the issuance of a temporary restraining order. The court finds that Plaintiffs have not demonstrated a substantial likelihood of success on the merits or that the balance of hardships between the parties weighs in Plaintiffs' favor. The court finds further that granting the request for a temporary restraining order would conflict with the public interest. The request for a preliminary injunction is set for hearing on October 15, 2019. (Talwani, Indira) |
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| 24 | 24
minutes
Motion Hearing ~Util - Set Hearings
Fri 10/04 11:57 AM
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/4/2019 re3 MOTION for Temporary Restraining Order filed by The Steam Co. LLC, Vapor Technology Association, Devine Enterprise Inc, Adam Webster, Ian Devine, Rising Sun Vapors LLC, Ohmerica LLC, Christopher Austin. (Motion hearing consolidated with1:19-CV-12035 Mass Dynamics, LLC et al v. Baker et al.) Case called. Court heard argument from counsel. Motion for TRO taken under advisement. Preliminary Injunction Hearing set for 10/15/2019 09:00 AM in Courtroom 9 before Judge Indira Talwani. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Fick, Terry, Casey, Spector, Kobick) (MacDonald, Gail) |
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| 23 | 23
order
Order
Fri 10/04 9:55 AM
Judge Indira Talwani: Electronic Order: STRIKING Plaintiffs' supplemental exhibit21 and attached affidavit [21-1] as filed without leave of court. See Local Rule 7.1(b)(3) ("All other papers not filed as indicated in subsections (b)(1) [submission of motion] and (2) [submission of opposition to a motion], whether in the form of a reply brief or otherwise, may be submitted only with leave of court").(MacDonald, Gail) |
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order
Order
Fri 10/04 9:40 AM
WITHDRAWN as a duplicate order, entered in error. (MacDonald, Gail) |
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| Thursday, October 03, 2019 | ||
| 21 | 21
misc
Exhibit
Thu 10/03 5:40 PM
EXHIBIT re3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction ,4 Memorandum in Support of Motion,, by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William) |
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Affidavit
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respm
Affidavit in Opposition to Motion
Thu 10/03 4:29 PM
AFFIDAVIT of Julia E. Kobick in Opposition re3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Charlie Baker, Monica Bharel.(Kobick, Julia) |
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respm
Affidavit in Opposition to Motion
Thu 10/03 4:24 PM
AFFIDAVIT of Alicia Casey, M.D. in Opposition re3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Charlie Baker, Monica Bharel. (Kobick, Julia) |
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respm
Opposition to Motion
Thu 10/03 4:22 PM
Opposition re3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Charlie Baker, Monica Bharel. (Spector, Amy) |
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notice
Notice Setting or Resetting Hearing on Motion
Thu 10/03 9:22 AM
ELECTRONIC NOTICE amending notice of Hearing on Plaintiffs' Motion3 . A Hearing on Plaintiffs' request for a temporary restraining order is set for 10/4/2019 10:00 AM in Courtroom 9 before Judge Indira Talwani. (Note change to earlier time). The TRO hearing will be limited to the question of whether Plaintiffs are entitled to injunctive relief in advance of full briefing and/or an evidentiary hearing on the request for a preliminary injunction. (MacDonald, Gail) |
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| Wednesday, October 02, 2019 | ||
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service
Affidavit of Service
Wed 10/02 5:46 PM
AFFIDAVIT OF SERVICE Executed by Ohmerica LLC, Devine Enterprise Inc, Adam Webster, Ian Devine, The Steam Co. LLC, Christopher Austin, Vapor Technology Association, Rising Sun Vapors LLC. Monica Bharel served on 10/2/2019, answer due 10/23/2019. Acknowledgement filed by Ohmerica LLC; Devine Enterprise Inc; Adam Webster; Ian Devine; The Steam Co. LLC; Christopher Austin; Vapor Technology Association; Rising Sun Vapors LLC. (Fick, William) |
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service
Affidavit of Service
Wed 10/02 5:45 PM
AFFIDAVIT OF SERVICE Executed by Ohmerica LLC, Devine Enterprise Inc, Adam Webster, Ian Devine, The Steam Co. LLC, Vapor Technology Association, Rising Sun Vapors LLC. Charlie Baker served on 10/2/2019, answer due 10/23/2019. Acknowledgement filed by Ohmerica LLC; Devine Enterprise Inc; Adam Webster; Ian Devine; The Steam Co. LLC; Vapor Technology Association; Rising Sun Vapors LLC. (Fick, William) |
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notice
Notice of Appearance
Wed 10/02 3:55 PM
NOTICE of Appearance by Amy Spector on behalf of Charlie Baker, Monica Bharel (Spector, Amy) |
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order
Order on Motion for Leave to Appear
Wed 10/02 3:48 PM
Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 5 Motion for Leave to Appear Pro Hac Vice Added David Riskin, Joseph M. Terry and Whitney G. Woodward. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
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notice
Notice of Appearance
Wed 10/02 3:05 PM
NOTICE of Appearance by Timothy James Casey on behalf of Charlie Baker, Monica Bharel (Casey, Timothy) |
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notice
Notice of Appearance
Wed 10/02 3:03 PM
NOTICE of Appearance by Julia E. Kobick on behalf of Charlie Baker, Monica Bharel (Kobick, Julia) |
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notice
Notice Setting or Resetting Hearing on Motion
Wed 10/02 12:31 PM
ELECTRONIC NOTICE Setting Hearing on Motion3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 10/4/2019 11:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
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notice
Notice requesting courtesy copy
Wed 10/02 10:34 AM
ELECTRONIC NOTICE issued requesting courtesy copy for3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction ,4 Memorandum in Support of Motion,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 10/3/2019. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (Vieira, Leonardo) |
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notice
Notice of Appearance
Wed 10/02 10:13 AM
NOTICE of Appearance by Daniel N. Marx on behalf of Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster (Marx, Daniel) |
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| 7 | 7
service
Summons Issued
Wed 10/02 10:07 AM
Summons Issued as to Christopher Austin, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Danieli, Chris) |
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notice
Notice of Case Assignment
Wed 10/02 10:03 AM
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) |
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| Tuesday, October 01, 2019 | ||
| 5 | 5
motion
Appear Pro Hac Vice
Tue 10/01 11:51 PM
MOTION for Leave to Appear Pro Hac Vice for admission of David Randall J. Riskin, Joseph M. Terry, Whitney G. Woodward Filing fee: $ 300, receipt number 0101-7904423 by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William) |
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respm
Memorandum in Support of Motion
Tue 10/01 11:33 PM
MEMORANDUM in Support re3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William) |
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| 3 | 3
motion
Temporary Restraining Order Preliminary Injunction
Tue 10/01 11:23 PM
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 10/15/2019) by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William) |
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| 2 | 2
misc
Corporate Disclosure Statement
Tue 10/01 11:15 PM
CORPORATE DISCLOSURE STATEMENT by Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association. (Fick, William) |
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| 1 | 1
cmp
Complaint
Tue 10/01 11:02 PM
COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7904416 (Fee Status: Filing Fee paid), filed by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William) |
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Att: 1
Civil Cover Sheet,
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Civil Cover Sheet Category Form,
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Exhibit 17
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