Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[Sun Vaporer]

The Docket Sheet showed no filings today. We are waiting for the FDA to file it's Notice of Appeal and the clock continues to run.



Sun

[JerryRM]

If they want to protect their interest that would be the way to go Janet.



This case can not turn into a class-action suit and that is not what the parties wanted



Adam--You can file your Complaint and pleadings Pro Se. All you really have to do is follow what NJOY did. Once you are in the case, you just coast along with the "big boys" so to speak.

Sun

Sun, can the other suppliers join in the current case or is it too late?

[Janetda]

ok, I'm just going to say it, "Are you friggn' kidding me?"

[BigJimW]

The Docket Sheet showed no filings today. We are waiting for the FDA to file it's Notice of Appeal and the clock continues to run.



Sun

How long do they have to file?

[Sun Vaporer]

Sun, can the other suppliers join in the current case or is it too late?

I do not think it is too late at all to ask for leave of the Court to Intervene. Remember that the FDA has not even filed an Answer to the original Complaint filed by SE.


Sun

[Sun Vaporer]

How long do they have to file?

Jim--They have 20 days Jim from the date of the Docketing of the Ruling.



Sun

[Adam]

Sun, how do we find out exactly what NJOY did? Doesn't NJOY have a lawyer in the case pleading right beside Smoking Everywhere? I guess what i'm asking is what are the steps? I will get that info from my lawyer anyway, however learning from a lawyer, every minute is tracked and billed. So, any info you can send my (our) way would be greatly appreciated.

Keep Vaping,

Adam

[Sun Vaporer]

Sun, how do we find out exactly what NJOY did? Doesn't NJOY have a lawyer in the case pleading right beside Smoking Everywhere? I guess what i'm asking is what are the steps? I will get that info from my lawyer anyway, however learning from a lawyer, every minute is tracked and billed. So, any info you can send my (our) way would be greatly appreciated.

Keep Vaping,

Adam

Adam--NJOY does have Counsel but that is not to say you do. All you really have to do is look at the pleadings filed by NJOY and really use them a guideline as all Suppliers who have had the FDA seize their products basically have the same fact pattern.

Right in this thread is every pleading ever filed but I will post NJOY's Motion to Intervene again.

I am not saying that it is easy by any means, but IT IS DONE ALL THE TIME.

Sun

[JerryRM]

So, Judge Leon ruled that the e-cigarette (not just NJoy and SE) is a tobacco product and not a drug/device. Right? Therefore, at least for the present time, it is classified as a tobacco product.

Does the FDA prevent, on a large scale, any other tobacco products from entering the U.S.? Could their actions be construed as being prejudicial against e-cigs? Could their actions be considered as violating Judge Leon's ruling?

[Dillan]

In federal court, it's a FRCP Rule 24 Motion to Intervene. In essence, you have a motion that states that the facts of your case are so similar to the pre-existing one, that they should be heard together. Usually you need to have either the same basic facts at issue, or the same basic law (the latter is the one that NJOY likely used, since their facts are not the same - THEIR shipments constitute a different fact, albeit similar ones)