Docket Update June 8, 2009

**Sun Vaporer** · 06-08-2009, 09:35 PM

Docket sheet today again shows no movement in the case---Sun

**Sun Vaporer** · 06-09-2009, 10:46 PM

Again--No movement on the Docket Sheet today-----Sun

**Sun Vaporer** · 06-10-2009, 09:55 PM

Today the Docket Sheet again shows no movement at the time the Clerk's Office closed------Sun

**Sun Vaporer** · 06-11-2009, 10:20 PM

The Docket Sheet today again shows no movement today. I expect now that the Senate has passed the bill and it is about to become law soon that the FDA has jurisdiction over tobaccco, that we will see a ruling on SE and NJOY's Motion as the issue is moot.

The SE and NJOY argued that the FDA did not have jurisdiction as the e-cig is a "tobacco" product and the FDA had no jusridiction over them. IMO, with the new bill almost ready to be signed into law giving the FDA full jurisdiction over tobacco products, Judge Leon really does not have many options here but to render the jurisdiction question moot.------------Sun

**Sun Vaporer** · 06-12-2009, 08:52 PM

The Docket Sheet shows no movement today going into the weekend----

Sun

**Sun Vaporer** · 06-15-2009, 09:29 PM

The Docket Sheet today advanced no ruling on the Motion for a Preliminary Injuntion, but did advance the Transcript of the hearing subject Redaction. I sense a ruling any day now as this is the normal procedure just prior to a ruling. The hold on releasing the Transcript to the public in no way stalls the release of the Judge's ruling-------Sun

TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon of proceedings held on 5/15/09; Court Reporter/Transcriber
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, CD 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.
Redaction Request due 7/6/2009. Redacted Transcript Deadline set for 7/16/2009. Release of Transcript Restriction set for 9/14/2009.(Gels, Patty) (Entered: 06/15/2009)

**Sun Vaporer** · 06-16-2009, 11:09 PM

The Docket Sheet today shows no movement on the Judge's decision. From what I understand, the decision is coming very soon.----

Sun

**Sun Vaporer** · 06-17-2009, 10:28 PM

The Docket Sheet today again showed no movement in the case. Time is running--------Sun

**Sun Vaporer** · 06-18-2009, 10:12 PM

The Docket Sheet today again shows no movement.------Sun

**Sun Vaporer** · 06-20-2009, 04:50 AM

Again today--no movement on the Docket Sheet---but it is Father's Day weekend. It is very frustrating to see a TRO request get consolidated into a Preliminary Injuction and still not have a ruling on the Motion that was heard over a month ago on May 15, 2009. But I am sure Judge Leon has his reasonings. Time will tell.

NJOY having product again to sell for Father's Day is interesting. I checked there website and they do have inventory. ---------Sun