Sproule v. United States Food and Drug Administration
Federal Civil Lawsuit Florida Southern District Court, Case No. 9:17-cv-80709

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Last Updated February 10, 2019 at 5:23 AM EST (2.8 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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No Logo Justin Sproule, Plaintiff

Toggle Switch Represented by Sheldon J Schlesinger PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jonathan Robert Gdanski +1 954 320 9507 +1 954 320 9509 jonathan@schlesingerlawoffices.com
ATTORNEY TO BE NOTICED Jeffrey L. Haberman +1 954 320 9507 +95320950 953 320 9509 JHaberman@schlesingerlaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Scott P. Schlesinger +1 954 467 8800 scott@schlesingerlaw.com
v.
No Logo Thomas E Price, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Natalie N. Sanders +1 202 598 2208 natalie.n.sanders@usdoj.gov
United States Department of Health and Human Services United States Department of Health and Human Services, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Natalie N. Sanders +1 202 598 2208 natalie.n.sanders@usdoj.gov
United States Food and Drug Administration United States Food and Drug Administration, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Natalie N. Sanders +1 202 598 2208 natalie.n.sanders@usdoj.gov
Citation Section 28 U.S.C. § 1361
Nature of Suit 899 - Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
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Legal Document (Payment Possibly Required) 27 Filed: 4/13/2018, Entered: 4/13/2018 Unknown Document TypeCourt Filing
ORDER granting 17 Defendants' Motion to Dismiss. Signed by Judge Robin L. Rosenberg on 4/13/2018. (nkl)
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    Legal Document (Payment Possibly Required) 26 Filed: 1/19/2018, Entered: None Unknown Document TypeCourt Filing
    PAPERLESS ORDER. The Court is in receipt of the proposed orders that the Court required at docket entry 25. The Court's intent, in allotting one month for the parties to prepare those proposed orders, was for the parties to have the opportunity to draft proposed orders that contained detailed legal analysis in light of the complexity of the issues before the Court. Plaintiff complied with the Court's order and the Court's intent. Defendant appears to have misunderstood the Court's order. Accordingly, Defendant is hereby ORDERED to submit an amended proposed order that contains legal analysis to the Court by 5:00 p.m. on January 26, 2018. In fairness to Plaintiff, Plaintiff shall have the opportunity to amend the proposed order Plaintiff previously submitted to the Court. Plaintiff shall have until 5:00 p.m. on January 31, 2018, to submit an amended proposed order if Plaintiff deems such an amendment to be necessary. Signed by Judge Robin L. Rosenberg on 1/19/2018. (bkd) (Entered: 01/19/2018)
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      Legal Document (Payment Possibly Required) 25 Filed: 12/19/2017, Entered: None Order Dismissing Case
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        Legal Document (Payment Possibly Required) 25 Filed: 12/18/2017, Entered: None Unknown Document TypeCourt Filing
        ORDER REQUIRING PROPOSED ORDERS AND STAYING CASE Closing Case. Motions terminated: 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM filed by Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration. Signed by Judge Robin L. Rosenberg on 12/18/17. (rms1) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 12/19/2017)
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          Legal Document (Payment Possibly Required) 24 Filed: 10/24/2017, Entered: None Unknown Document TypeCourt Filing
          *Endorsed Order CANCELLING the discovery status conference previously set for 10/26 at 2:30 p.m. in light of the District Court vacating its referral to the undersigned. Signed by Magistrate Judge James M. Hopkins on 10/24/2017. (hky) (Entered: 10/24/2017)
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            Legal Document (Payment Possibly Required) 23 Filed: 10/12/2017, Entered: None Unknown Document Type
            REPLY to Response to Motion re 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM filed by Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration. (Sanders, Natalie) (Entered: 10/12/2017)
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              Legal Document (Payment Possibly Required) 22 Filed: 9/28/2017, Entered: None Unknown Document TypeCourt Filing
              PAPERLESS ORDER granting 21 Defendants' Unopposed Motion for Extension of Time to Reply to Plaintiff's Opposition. Defendants shall file a reply in support of their 17 Motion to Dismiss by no later than October 12, 2017. Signed by Judge Robin L. Rosenberg on 9/28/2017. (nkl) (Entered: 09/28/2017)
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                Legal Document (Payment Possibly Required) 21 Filed: 9/28/2017, Entered: 9/28/2017 Unknown Document Type
                Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 20 Response in Opposition to Motion, by Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Text of Proposed Order)(Sanders, Natalie)
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                  Legal Document (Payment Possibly Required) 20 Filed: 9/25/2017, Entered: None Unknown Document Type
                  RESPONSE in Opposition re 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM filed by Justin Sproule. Replies due by 10/2/2017. (Haberman, Jeffrey) (Entered: 09/25/2017)
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                    Legal Document (Payment Possibly Required) 19 Filed: 9/12/2017, Entered: None Unknown Document TypeCourt Filing
                    PAPERLESS ORDER granting in part and denying in part 18 Motion for Extension of Time to File Re: 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM filed by Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration. Responses due by 9/25/2017 Replies due by 10/5/2017. Signed by Judge Robin L. Rosenberg on 9/12/2017. (mg) (Entered: 09/12/2017)
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                      Legal Document (Payment Possibly Required) 18 Filed: 9/11/2017, Entered: None Unknown Document Type
                      MOTION for Extension of Time to File Response/Reply/Answer to Defendant's Motion to Dismiss the Complain by Justin Sproule. (Attachments: # 1 Text of Proposed Order)(Haberman, Jeffrey) (Entered: 09/11/2017)
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                        Legal Document (Payment Possibly Required) 17 Filed: 8/11/2017, Entered: None Unknown Document Type
                        Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 8/25/2017) by Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit A - Warning Letter, # 2 Exhibit B - Memorandum of Agmt, # 3 Text of Proposed Order)(Sanders, Natalie) (Entered: 08/11/2017)
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                          Legal Document (Payment Possibly Required) 16 Filed: 7/26/2017, Entered: None Unknown Document TypeCourt Filing
                          PAPERLESS ORDER Setting Briefing Schedule. Having considered the representations made in the 14 Parties' Joint Notice, the Court will not recommend that the JPML transfer this action to the MDL or order Plaintiff to file a motion to transfer with the JPML. By separate Order, the Court has cancelled the Status Conference, Calendar Call, and Trial Date previously set in this case. As proposed by the parties in their Joint Notice, Defendants shall file a motion to dismiss on or before August 14, 2017, Plaintiff shall file a response to Defendants' motion to dismiss on or before September 13, 2017, and Defendants shall file a reply in support of their motion to dismiss on or before October 4, 2017. Signed by Judge Robin L. Rosenberg on 7/26/2017. (nkl) (Entered: 07/26/2017)
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                            Legal Document (Payment Possibly Required) 15 Filed: 7/26/2017, Entered: None Unknown Document TypeCourt Filing
                            PAPERLESS ORDER CANCELLING the Status Conference, Calendar Call, and Trial Date set in this Court's 6 Order Setting Status Conference, Calendar Call, and Trial Date and Order of Reference to Magistrate. The Status Conference set for May 23, 2018, Calendar Call set for June 20, 2018, and Trial Date set for June 25, 2018 are hereby cancelled in light of the representations made in the 14 Parties' Joint Report. Signed by Judge Robin L. Rosenberg on 7/26/2017. (nkl) (Entered: 07/26/2017)
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                              Legal Document (Payment Possibly Required) 14 Filed: 7/21/2017, Entered: None Unknown Document Type
                              NOTICE by Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration re 6 Order Setting Status Conference, Set/Reset Deadlines/Hearings,, 12 Order,,, Parties' Joint Report Regarding Court's Orders (Attachments: # 1 Exhibit A - Warning Letter, # 2 Exhibit B - Memorandum of Agreement, # 3 Text of Proposed Order) (Sanders, Natalie) (Entered: 07/21/2017)
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                                Legal Document (Payment Possibly Required) 13 Filed: 7/17/2017, Entered: None Unknown Document Type
                                CERTIFICATE OF SERVICE by Justin Sproule "Notice of Filing Certification and Proof of Service of Summons and Complaint on Defendants" (Attachments: # 1 Exhibit A)(Haberman, Jeffrey) (Entered: 07/17/2017)
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                                  Legal Document (Payment Possibly Required) 12 Filed: 7/14/2017, Entered: None Unknown Document TypeCourt Filing
                                  PAPERLESS ORDER. In his Complaint, Plaintiff alleges that this case is related to In Re: Santa Fe Natural Tobacco Company Marketing & Sales Practices Litigation, 1:16-md-02695-JB (D.N.M.), a consolidated action pending in the District of New Mexico in which Plaintiff is a named lead plaintiff. See DE 1 paras. 8, 17. Accordingly, by no later than 5:00 p.m. on July 21, 2017, the parties shall jointly file written notice addressing (1) the relationship between this case and the case pending in the District of New Mexico and (2) the parties' respective positions as to how to proceed with this case in light of that relationship, including but not limited to whether this case should be transferred to the District of New Mexico. The written notice shall include a certification that counsel engaged in a meaningful conferral regarding these issues prior to filing. Signed by Judge Robin L. Rosenberg on 7/14/2017. (nkl) (Entered: 07/14/2017)
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                                    Legal Document (Payment Possibly Required) 11 Filed: 7/10/2017, Entered: None Unknown Document Type
                                    NOTICE by Justin Sproule Notice of Remittal Waiver of Judicial Recusal (Haberman, Jeffrey) (Entered: 07/10/2017)
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                                      Legal Document (Payment Possibly Required) 10 Filed: 7/10/2017, Entered: None Unknown Document Type
                                      NOTICE of Attorney Appearance by Natalie N. Sanders on behalf of Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration. Attorney Natalie N. Sanders added to party Thomas E Price(pty:dft), Attorney Natalie N. Sanders added to party United States Department of Health and Human Services(pty:dft), Attorney Natalie N. Sanders added to party United States Food and Drug Administration(pty:dft). (Sanders, Natalie) (Entered: 07/10/2017)
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                                        Legal Document (Payment Possibly Required) 9 Filed: 6/26/2017, Entered: 6/26/2017 Unknown Document TypeCourt Filing
                                        STANDING DISCOVERY ORDER Signed by Magistrate Judge James M. Hopkins on 6/26/2017. (rms1)
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                                          Legal Document (Payment Possibly Required) 8 Filed: 6/26/2017, Entered: 6/26/2017 Unknown Document TypeCourt Filing
                                          ORDER REQUIRING JOINT FILING REGARDING REMITTAL (Remittal Waiver or the Notice of Non-Waiver Deadline 7/10/2017.) Signed by Magistrate Judge James M. Hopkins on 6/26/2017. (rms1)
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                                            Legal Document (Payment Possibly Required) 7 Filed: 6/26/2017, Entered: 6/26/2017 Unknown Document TypeCourt Filing
                                            ORDER Setting Discovery Status Conference:( Status Conference Re: Discovery Matters set for 10/26/2017 02:30 PM in West Palm Beach Division before Magistrate Judge James M. Hopkins.),and Order Requiring Submission of Joint Discovery Status Report( Status Report due by 10/26/2017.) Signed by Magistrate Judge James M. Hopkins on 6/26/2017. (rms1)
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                                              Legal Document (Payment Possibly Required) 6 Filed: 6/22/2017, Entered: None Order Setting Status Conference
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                                                Legal Document (Payment Possibly Required) 6 Filed: 6/21/2017, Entered: None Unknown Document TypeCourt Filing
                                                ORDER Setting Status Conference: ( Calendar Call set for 6/20/2018 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Jury Trial set for 6/25/2018 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg.) Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 5/23/2018 09:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 6/21/2017. (lk) (Entered: 06/22/2017)
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                                                  Legal Document (Payment Possibly Required) 5 Filed: 6/8/2017, Entered: None Unknown Document Type
                                                  Summons Issued as to Thomas E Price, United States Department of Health and Human Services, United States Food and Drug Administration, (Attachments: # 1 Summon(s), # 2 Summon(s))(lk) (Entered: 06/08/2017)
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                                                    Legal Document (Payment Possibly Required) 4 Filed: 6/7/2017, Entered: None Unknown Document Type
                                                    NOTICE of Filing Proposed Summons(es) by Justin Sproule (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s)) (Haberman, Jeffrey) (Entered: 06/07/2017)
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                                                      Legal Document (Payment Possibly Required) 3 Filed: 6/6/2017, Entered: None Unknown Document TypeCourt Filing
                                                      Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge James M. Hopkins is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (rms1) (Entered: 06/07/2017)
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                                                        Legal Document (Payment Possibly Required) 2 Filed: 6/6/2017, Entered: None Unknown Document TypeCourt Filing
                                                        Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge James M. Hopkins (rms1) (Entered: 06/07/2017)
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                                                          Legal Document (Payment Possibly Required) 1 Filed: 6/6/2017, Entered: None Unknown Document Type
                                                          COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9792668, filed by Justin Sproule. (Attachments: # 1 Civil Cover Sheet)(Haberman, Jeffrey) (Entered: 06/06/2017)
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                                                            Legal Document (Payment Possibly Required)  Filed: 7/26/2017, Entered: None Unknown Document Type
                                                            Set/Reset Deadlines/Hearings as per DE 16 : Motion to dismiss due by 8/14/2017. Responses due by 9/13/2017 Replies due by 10/4/2017. (lk)
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