Philip Morris USA Inc. et al
Georgia Southern District Court | |
Judge: | Lisa G Wood |
Referred: | Benjamin W Cheesbro |
Case #: | 2:24-cv-00143 |
Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
Cause | 05:702 Administrative Procedure Act |
Case Filed: | Dec 13, 2024 |
Last checked: Tuesday Dec 17, 2024 2:07 AM EST |
Defendant
Xavier Becerra
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Defendant
Robert M. Califf
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Defendant
United States Department of Health and Human Services
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Defendant
United States Food and Drug Administration
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Plaintiff
Dhaliwal & Associates, Inc.
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Represented By
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Plaintiff
Georgia Association of Convenience Stores, Inc.
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Represented By
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Plaintiff
Philip Morris USA Inc.
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Represented By
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Plaintiff
Stewart Candy Company
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Represented By
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Docket last updated: 12/27/2024 11:59 PM EST |
Friday, December 27, 2024 | ||
32 | 32
2
pgs
order
Order on Motion for Miscellaneous Relief
Fri 12/27 4:12 PM
ORDER setting briefing deadlines in preparation for oral argument on February 26, 2025 at 2:00 p.m. Signed by Judge Lisa G. Wood on 12/27/2024. (jlh) |
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31 | 31
motion
Miscellaneous Relief
Fri 12/27 11:18 AM
Joint MOTION re Set/Reset Deadlines JOINT SCHEDULING MOTION by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 1/10/2025.(Jordan, Randall) |
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Att: 1 Text of Proposed Order Proposed Order | ||
utility
Set Motion and R&R Deadlines/Hearings
Fri 12/27 4:15 PM
Set/Reset Deadlines as to23 MOTION. Motion Hearing set for 2/26/2025 02:00 PM in Brunswick - Courtroom No. 1 - before Judge Lisa G. Wood. (jlh) |
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Monday, December 23, 2024 | ||
30 | 30
minutes
Status Conference
Mon 12/23 4:19 PM
Minute Entry for proceedings held before Judge Lisa G. Wood: Telephonic Status Conference held on 12/23/2024. (Court Reporter Debbie Gilbert.) (WS) |
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29 | 29
notice
Notice of Filing
Mon 12/23 1:03 PM
NOTICE of Filing by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company re23 Consent MOTION for Leave to File Excess Pages Corrected exhibits to Motion(Jordan, Randall) |
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Att: 1 Exhibit Attachment 4 - (FDA Enf. Policy) (Docket entry 23-8), | ||
Att: 2 Exhibit Exhibit 8 - (Y. DeVerry Declaration (executed)) (Docket entry 23-18) | ||
28 | 28
service
Summons Returned Executed
Mon 12/23 11:32 AM
SUMMONS Returned Executed by Georgia Association of Convenience Stores, Inc., Stewart Candy Company, Philip Morris USA Inc., Dhaliwal & Associates, Inc. United States Food and Drug Administration served on 12/19/2024, answer due 2/17/2025.(Jordan, Randall) Date Modified on 12/23/2024 (csr) |
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Att: 1 Exhibit Ex A - USPS Certified, | ||
Att: 2 Exhibit Ex B - US Atty SDGA personal, | ||
Att: 3 Exhibit Ex C - US Atty SDGA USPS Certified, | ||
Att: 4 Exhibit Ex D - US DOJ USPS Certified | ||
27 | 27
service
Summons Returned Executed
Mon 12/23 11:28 AM
SUMMONS Returned Executed by Georgia Association of Convenience Stores, Inc., Stewart Candy Company, Philip Morris USA Inc., Dhaliwal & Associates, Inc.. United States Department of Health and Human Services served on 12/19/2024, answer due 2/17/2025.(Jordan, Randall) Date Modified on 12/23/2024 (csr) |
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Att: 1 Exhibit Ex A - USPS Certified, | ||
Att: 2 Exhibit Ex B - US Atty SDGA personal, | ||
Att: 3 Exhibit Ex C - US Atty SDGA USPS Certified, | ||
Att: 4 Exhibit Ex D - US DOJ USPS Certified | ||
26 | 26
service
Summons Returned Executed
Mon 12/23 11:25 AM
SUMMONS Returned Executed by Georgia Association of Convenience Stores, Inc., Stewart Candy Company, Philip Morris USA Inc., Dhaliwal & Associates, Inc. Robert M. Califf served on 12/19/2024, answer due 2/17/2025.(Jordan, Randall) Date Modified on 12/23/2024 (csr) |
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Att: 1 Exhibit Ex A - USPS Certified, | ||
Att: 2 Exhibit Ex B - US Atty SDGA personal, | ||
Att: 3 Exhibit Ex C - US Atty SDGA USPS Certified, | ||
Att: 4 Exhibit Ex D - US DOJ USPS Certified | ||
25 | 25
service
Summons Returned Executed
Mon 12/23 11:21 AM
SUMMONS Returned Executed by Georgia Association of Convenience Stores, Inc., Stewart Candy Company, Philip Morris USA Inc., Dhaliwal & Associates, Inc. Xavier Becerra served on 12/19/2024, answer due 2/17/2025.(Jordan, Randall) Date Modified on 12/23/2024 (csr) |
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Att: 1 Exhibit Exhibit A - USPS Certified, | ||
Att: 2 Exhibit Exhibit B - US Atty SDGA personal, | ||
Att: 3 Exhibit Exhibit C - US Atty SDGA USPS Certified, | ||
Att: 4 Exhibit Exhibit D - US DOJ USPS Certified | ||
notice
Notice of Hearing
Mon 12/23 8:51 AM
NOTICE of Hearing: TELEPHONIC Status Conference set for 12/23/2024 02:00 PM in L G Wood Chambers before Judge Lisa G. Wood. Parties to received conference instructions prior to call. (WS) |
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utility
Motions Referred
Mon 12/23 11:09 AM
MOTIONS REFERRED:23 Consent MOTION for Leave to File Excess Pages. (csr) |
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utility
Set/Reset Deadlines
Mon 12/23 12:30 PM
Set/Reset Deadlines: All Defendants. (csr) |
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utility
Motions No Longer Referred
Mon 12/23 4:41 PM
Motions No Longer Referred:23 Consent MOTION for Leave to File Excess Pages. (kjm) |
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Friday, December 20, 2024 | ||
24 | 24
notice
Notice of Appearance
Fri 12/20 5:19 PM
NOTICE of Appearance by Otto Woelke Leithart on behalf of All Defendants (Leithart, Otto) |
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23 | 23
motion
Leave to File Excess Pages
Fri 12/20 4:29 PM
Consent MOTION for Leave to File Excess Pages by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 1/3/2025.(Jordan, Randall) |
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Att: 1 Text of Proposed Order Proposed Order, | ||
Att: 2 Exhibit Motion and Brief in Support of Summary Judgment, | ||
Att: 3 Exhibit Statement of Undisputed Material Facts, | ||
Att: 4 Exhibit Conclusions of Law, | ||
Att: 5 Exhibit Attachment 1 - Proposed Rule (Fed. Reg.), | ||
Att: 6 Exhibit Attachment 2 - Final Rule (Fed. Reg.), | ||
Att: 7 Exhibit Attachment 3 - Defendants' Status Rep. (E.D. Tex., ECF 115), | ||
Att: 8 Exhibit Attachment 4 - FDA Enf. Policy, | ||
Att: 9 Exhibit Attachment 5 - Postponement Order (E.D. Tex., ECF33), | ||
Att: 10 Exhibit Exhibit 1 - FDA Enforcement Guidance, | ||
Att: 11 Exhibit Exhibit 2 - A. Vansickel Declaration (executed), | ||
Att: 12 Exhibit Exhibit 3 - Altria Guidance Letter (9-20-24), | ||
Att: 13 Exhibit Exhibit 4 - K. Khan Declaration (executed), | ||
Att: 14 Exhibit Exhibit 4-1 - Correspondence, | ||
Att: 15 Exhibit Exhibit 5 - S. Harris Declaration (executed), | ||
Att: 16 Exhibit Exhibit 6 - M. Manson Declaration (executed), | ||
Att: 17 Exhibit Exhibit 7 - P. Dhaliwal Declaration (executed), | ||
Att: 18 Exhibit Exhibit 8 - Y. DeVerry Declaration (executed), | ||
Att: 19 Exhibit Exhibit 9 - A. Holland Declaration (executed), | ||
Att: 20 Exhibit Exhibit 10 - J. Stewart Declaration (executed) | ||
22 | 22
notice
Notice of Appearance
Fri 12/20 4:10 PM
NOTICE of Appearance by Stephen Michael Pezzi on behalf of All Defendants (Pezzi, Stephen) |
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Thursday, December 19, 2024 | ||
21 | 21
order
Order on Motion for Leave to Appear
Thu 12/19 9:04 AM
TEXT ORDER granting16 Motion for Leave to Appear Pro Hac Vice by Sarah Harris. Randall Jordan has entered an appearance in this case and vouches to satisfy the obligations of local counsel. Local R. 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on December 19, 2024. (edd) |
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20 | 20
order
Order on Motion for Leave to Appear
Thu 12/19 9:03 AM
TEXT ORDER granting15 Motion for Leave to Appear Pro Hac Vice by Andrew Barrasso. Randall Jordan has entered an appearance in this case and vouches to satisfy the obligations of local counsel. Local R. 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on December 19, 2024. (edd) |
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19 | 19
order
Order on Motion for Leave to Appear
Thu 12/19 9:01 AM
TEXT ORDER granting14 Motion for Leave to Appear Pro Hac Vice by Lisa Blatt. Randall Jordan has entered an appearance in this case and vouches to satisfy the obligations of local counsel. Local R. 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on December 19, 2024. (edd) |
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18 | 18
order
Order on Motion for Leave to Appear
Thu 12/19 9:00 AM
TEXT ORDER granting13 Motion for Leave to Appear Pro Hac Vice by Tyler Becker. Randall Jordan has entered an appearance in this case and vouches to satisfy the obligations of local counsel. Local R. 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on December 19, 2024. (edd) |
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17 | 17
order
Order on Motion for Leave to Appear
Thu 12/19 8:59 AM
TEXT ORDER granting12 Motion for Leave to Appear Pro Hac Vice by Stephen Andrews. Randall Jordan has entered an appearance in this case and vouches to satisfy the obligations of local counsel. Local R. 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on December 19, 2024. (edd) |
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Tuesday, December 17, 2024 | ||
16 | 16
motion
Appear Pro Hac Vice
Tue 12/17 3:28 PM
MOTION for Leave to Appear Pro Hac Vice Sarah M. Harris Receipt Number AGASDC-3958334, Fee Amount $200, by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 12/31/2024.(Jordan, Randall) |
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Att: 1 Exhibit Ex A - Certificate of Good Standing, | ||
Att: 2 Exhibit Ex B - List of Cases, | ||
Att: 3 Text of Proposed Order Proposed Order | ||
15 | 15
motion
Appear Pro Hac Vice
Tue 12/17 3:25 PM
MOTION for Leave to Appear Pro Hac Vice Andrew Borrasso Receipt Number AGASDC-3958316, Fee Amount $200, by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 12/31/2024.(Jordan, Randall) |
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Att: 1 Exhibit Ex A - Certificate of Good Standing, | ||
Att: 2 Exhibit Ex B - List of Cases, | ||
Att: 3 Text of Proposed Order Proposed Order | ||
14 | 14
motion
Appear Pro Hac Vice
Tue 12/17 3:19 PM
MOTION for Leave to Appear Pro Hac Vice Lisa Blatt Receipt Number AGASDC-3958312, Fee Amount $200, by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 12/31/2024.(Jordan, Randall) |
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Att: 1 Exhibit Ex A - Certificate of Good Standing, | ||
Att: 2 Exhibit Ex B - List of Cases, | ||
Att: 3 Text of Proposed Order | ||
13 | 13
motion
Appear Pro Hac Vice
Tue 12/17 3:14 PM
MOTION for Leave to Appear Pro Hac Vice Tyler Becker Receipt Number AGASDC-3958302, Fee Amount $200, by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 12/31/2024.(Jordan, Randall) |
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Att: 1 Exhibit Exhibit A - Certificate of Good Standing, | ||
Att: 2 Exhibit Exhibit B - List of Cases, | ||
Att: 3 Text of Proposed Order | ||
12 | 12
motion
Appear Pro Hac Vice
Tue 12/17 3:10 PM
MOTION for Leave to Appear Pro Hac Vice Stephen Andrews Receipt Number AGASDC-3958288, Fee Amount $200, by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company. Responses due by 12/31/2024.(Jordan, Randall) |
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Att: 1 Exhibit Ex A - Certificate of Good Standing, | ||
Att: 2 Exhibit Ex B - List of Cases, | ||
Att: 3 Text of Proposed Order Proposed Order | ||
utility
Motions Referred
Tue 12/17 4:37 PM
MOTIONS REFERRED:16 MOTION for Leave to Appear Pro Hac Vice Sarah M. Harris Receipt Number AGASDC-3958334, Fee Amount $200,12 MOTION for Leave to Appear Pro Hac Vice Stephen Andrews Receipt Number AGASDC-3958288, Fee Amount $200,13 MOTION for Leave to Appear Pro Hac Vice Tyler Becker Receipt Number AGASDC-3958302, Fee Amount $200,14 MOTION for Leave to Appear Pro Hac Vice Lisa Blatt Receipt Number AGASDC-3958312, Fee Amount $200,15 MOTION for Leave to Appear Pro Hac Vice Andrew Borrasso Receipt Number AGASDC-3958316, Fee Amount $200. (csr) |
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Monday, December 16, 2024 | ||
11 | 11
notice
Notice of Filing
Mon 12/16 4:35 PM
NOTICE of Filing by Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company re1 Complaint, Exhibit 2 to Complaint(Jordan, Randall) |
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Att: 1 Exhibit Ex 2 to Complaint | ||
10 | 10
service
Summons Issued
Mon 12/16 3:12 PM
Summons Issued as to Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration.(amd) |
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Att: 1 Summons - US Dept of HHS, | ||
Att: 2 Summons - Califf, | ||
Att: 3 Summons - Becerra | ||
8 | 8
notice
Notice (Other)
Mon 12/16 12:50 PM
NOTICE of Filing Fee Deficiency re1 Complaint. You must either pay the filing fee or submit a properly completed "Motion to Proceed In Forma Pauperis" within 21 days from the date of this notice. Failure to comply with this notice may result in dismissal by the Court. (amd) |
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7 | 7
service
Summons Issued
Mon 12/16 12:42 PM
**Filed in Error** Modified on 12/16/2024 (amd). |
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6 | 6
order
Rule 26(f) Order
Mon 12/16 12:39 PM
RULE 26(f) ORDER. Signed by Magistrate Judge Benjamin W. Cheesbro on 12/16/2024. (amd) |
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utility
Set/Reset Deadlines
Mon 12/16 1:00 PM
Set Deadlines: Compliance due by 1/6/2025 re8 Notice. (amd) |
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misc
Filing Fee Received
Mon 12/16 2:59 PM
Filing fee: $ 405.00, receipt number 400001972. (wwp) |
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Friday, December 13, 2024 | ||
9 | 9
service
Summons Submitted
Mon 12/16 1:03 PM
Summons Submitted. (amd) |
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5 | 5
misc
Corporate Disclosure Statement
Mon 12/16 12:13 PM
Corporate Disclosure Statement by Georgia Association of Convenience Stores, Inc. identifying Georgia Association of Convenience Stores Educational Foundation, Inc. as an Affiliate. (amd) Modified on 12/16/2024 to update identity from corp parent to affiliate (amd) |
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4 | 4
misc
Corporate Disclosure Statement
Mon 12/16 12:09 PM
Corporate Disclosure Statement by Stewart Candy Company. (amd) Modified on 12/16/2024 (amd) |
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3 | 3
misc
Corporate Disclosure Statement
Mon 12/16 12:07 PM
Corporate Disclosure Statement by Dhaliwal & Associates, Inc. (amd) Modified on 12/16/2024 (amd) |
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2 | 2
misc
Corporate Disclosure Statement
Mon 12/16 12:05 PM
Corporate Disclosure Statement by Phillip Morris USA Inc. identifying Altria Group, Inc. as Corporate Parent. (amd) Modified on 12/16/2024 (amd) |
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1 | 1
74
pgs
cmp
Complaint
Mon 12/16 11:52 AM
COMPLAINT against Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration, filed by Georgia Association of Convenience Stores, Inc., Stewart Candy Company, Phillip Morris USA Inc., Dhaliwal & Associates, Inc.(amd) (Attachment 4 replaced on 12/16/2024) (cmr) |
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Att: 1 Exhibit 1, | ||
Att: 2 Exhibit 1-1, | ||
Att: 3 Exhibit 1-2, | ||
Att: 4 Exhibit 2, | ||
Att: 5 Exhibit 3, | ||
Att: 6 Civil Cover Sheet |