Case 1:16-cv-01460-APM Document 34 Filed 05/01/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CIGAR ASSOCIATION OF AMERICA,

et al.,

Plaintiffs,

v. Civil Action No. 16-1460 (APM)

UNITED STATES FOOD AND DRUG

ADMINISTRATION; UNITED STATES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES; THOMAS E. PRICE,
M.D., in his official capacity as Secretary of
Health and Human Services; and STEPHEN
OSTROFF, M.D., in his official capacity as
Acting Commissioner of Food and Drugs,1

Defendants.

JOINT MOTION TO AMEND SCHEDULING ORDER

The parties jointly move the Court for a 3-month extension of all pending deadlines to

allow new leadership personnel at the Department of Health and Human Services to more fully

consider the issues raised in this case and determine how best to proceed. In support of this

motion, the parties state as follows:

1. Plaintiffs challenge, among other things, a U.S. Food and Drug Administration

(FDA) rule that deems cigars and pipe tobacco to be tobacco products subject to FDA

regulation. See FDA, Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and

Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act;

1
Pursuant to Fed. R. Civ. P. 25(d), Dr. Thomas Price and Dr. Stephen Ostroff are substituted for
their predecessors in office.
 Case 1:16-cv-01460-APM Document 34 Filed 05/01/17 Page 2 of 3

Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements

for Tobacco Products, No. FDA-2014-N-0189, 81 Fed. Reg. 28,973 (May 10, 2016) (the Rule).

2. Plaintiffs filed their motion for summary judgment on February 13, 2017. See ECF

No. 22. The Court previously granted a similar joint motion to extend all pending deadlines by

30 days. See Minute Order (Mar. 22, 2017). Under the current briefing schedule, Defendants

opposition and cross-motion are due on May 1; Plaintiffs reply and opposition are due on June

14; and Defendants reply is due on July 14. See id. Oral argument is currently scheduled for

August 30. See id.

3. Due to the recent change in administrations, new leadership personnel at the

Department of Health and Human Services seek additional time to more fully consider the Rule

and the issues raised in this case and determine how best to proceed, and therefore respectfully

request a 3-month extension of all pending deadlines.

4. The FDA has represented that it will extend and defer enforcement of all future

compliance deadlines under the Rule for cigar and pipe tobacco products for 3 months, and that it

plans to issue guidance to that effect. Accordingly, Plaintiffs join in this motion.

WHEREFORE, the parties respectfully request that the Court extend all pending deadlines

in this case for 3 months. A proposed order is attached.

Dated: May 1, 2017 Respectfully submitted,

/s/ Mark A. Heller JOYCE R. BRANDA

Mark A. Heller, DC Bar No. 357046 Deputy Assistant Attorney General2
Mark S. Raffman, DC Bar No. 414578
GOODWIN PROCTER LLP SHEILA LIEBER
901 New York Avenue, N.W. Deputy Director
Washington, DC 20001
Telephone: (202) 346-4000 /s/ Eric Beckenhauer
mheller@goodwinprocter.com ERIC B. BECKENHAUER
2
Defendants note that while, in some prior filings, Acting Assistant Attorney General Chad A.
Readler was listed in the signature block as a matter of course, he has not participated in this case.

2
 Case 1:16-cv-01460-APM Document 34 Filed 05/01/17 Page 3 of 3

Trial Attorney
Attorneys for Plaintiff Cigar Association of U.S. Department of Justice
America Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW
/s/ Michael James Edney Washington, DC 20530
Michael James Edney Tel: (202) 514-3338
Caroline M. Mew Fax: (202) 616-8470
NORTON, ROSE, FULBRIGHT US, LLP E-mail: Eric.Beckenhauer@usdoj.gov
799 9th Street, NW, Suite 1000
Washington, DC 20001 Counsel for Defendants
(202) 662-0410
Fax: (202) 662-4643
michael.edney@nortonrosefulbright.com

Attorneys for Plaintiffs International Premium

Cigar and Pipe Retailers Association and Cigar
Rights of America