R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al

Filing 37

Memorandum in opposition to re 36 MOTION for Order for Court to Consider Arguments Made in Summary Judgment Memorandum in Deciding Preliminary Injunction filed by COMMONWEALTH BRANDS INCORPORATED, LIGGETT GROUP LLC, LORILLARD TOBACCO COMPANY, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC.. (Attachments: # 1 Text of Proposed Order)(Francisco, Noel)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY, COMMONWEALTH BRANDS, INC., LIGGETT GROUP LLC, and SANTA FE NATURAL TOBACCO COMPANY, INC., Civil Action No. 11-01482 (RCL) Plaintiffs, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, MARGARET HAMBURG, Commissioner of the United States Food and Drug Administration, and KATHLEEN SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendants. [PROPOSED] ORDER DENYING DEFENDANTS’ MOTION TO INCORPORATE SUMMARY JUDGMENT BRIEF INTO OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION The Court, having considered Defendants’ Motion to Incorporate Summary Judgment Brief into Opposition to Motion for Preliminary Injunction, and Plaintiffs’ opposition to that motion, hereby DENIES Defendants’ Motion to Incorporate Summary Judgment Brief into Opposition to Motion for Preliminary Injunction. It is SO ORDERED this _________ day of ____________, 2011. _________________________ Hon. Richard J. Leon United States District Judge

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