Sproule v. Santa Fe Natural Tobacco Company, Inc. et al

Florida Southern District Court
Judge:	Joan A Lenard
Referred:	Jonathan Goodman
Case #:	0:15-cv-62064
Nature of Suit	245 Real Property - Tort Product Liability
Cause	28:1332 Diversity-Fraud

Case Filed:	Sep 30, 2015
Terminated:	Jan 26, 2016

Last checked: Monday Mar 28, 2016 5:06 AM EDT

Defendant Reynolds American, Inc.	Represented By Paul Courtney Huck, Jr. Jones Day contact info Michael Fraser Stoer Jones Day contact info Peter J. Biersteker Jones Day contact info Noel J. Francisco Jones Day contact info David M. Monde Jones Day contact info
Defendant Santa Fe Natural Tobacco Company, Inc.	Represented By Paul Courtney Huck, Jr. Jones Day contact info Michael Fraser Stoer Jones Day contact info Peter J. Biersteker Jones Day contact info Noel J. Francisco Jones Day contact info David M. Monde Jones Day contact info
Plaintiff Justin Sproule	Represented By Jonathan Gdanski Sheldon J. Schlesinger PA contact info Scott P. Schlesinger Sheldon J. Schlesinger PA contact info Jeffrey Louis Haberman Schlesinger Law Offices contact info
Plaintiff Patrick Scott	Represented By Jeffrey Louis Haberman Schlesinger Law Offices contact info

1.	Judge approves dismissing FDA from Santa Fe marketing lawsuit (journalnow.com)
	Submitted Tue 04/17/2018

2.	Lawsuit says company that makes natural American Spirit cigarettes uses misleading ads (startribune.com)
	Submitted Mon 10/05/2015

Docket last updated: 05/08/2025 11:59 PM EDT

Monday, December 27, 2021
		order Order on Motion to Withdraw as Attorney Mon 12/27 8:26 AM PAPERLESS ORDER GRANTING38 Motion to Withdraw as Attorney. Attorney Paul C. Huck, Jr. is hereby WITHDRAWN as counsel for Defendants and shall have no further responsibility in this case. The Clerk is instructed to remove Mr. Huck from the service list. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/27/2021. (gie) Related: [-]
Thursday, December 23, 2021
38		38 motion Withdraw as Attorney Thu 12/23 2:59 PM MOTION to Withdraw as Attorney by Paul C. Huck, Jr. for / by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Responses due by 1/6/2022 (Stoer, Michael) Related: [-]
Thursday, April 14, 2016
37		37 service Acknowledgment of Receipt Thu 04/14 1:09 PM ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in District of New Mexico - Version 6.1 as case 1:16-cv-00296, filed 04/14/2016. (bb) Related: [-]
Wednesday, April 13, 2016
36		36 order MDL Conditional Transfer Order Thu 04/14 11:50 AM Certified TRANSFER ORDER (TO - dated 4/11/2016) transferring case to the District of New Mexico re: MDL 2695 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable James O. Browning. (Signed by Sarah S. Vance, Chair of the Panel). (gp) Related: [-]
Tuesday, April 12, 2016
35		35 order MDL Conditional Transfer Order Tue 04/12 3:03 PM Courtesy Copy of TRANSFER ORDER (TO - dated 4/11/2016) transferring case to the District of New Mexico re: MDL 2695 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable James O. Browning. (Signed by Sarah S. Vance, Chair of the Panel). awaiting certified copy from the transferee court (gp) Related: [-]
Tuesday, January 26, 2016
34		34 order Order Staying Case Tue 01/26 11:10 AM ORDER STAYING CASE. On January 6, 2016, plaintiffs in a similar case against the same Defendants pending in the United States District Court for the District of New Mexico, Haskal, et al. v. Santa Fe Natural Tobacco Co., Inc. , 1:15-cv-00163 (D.N.M.), filed a motion with the Judicial Panel for Multidistrict Litigation ("JPML") for Transfer of Actions to the District of New Mexico for Consolidation of all Pretrial Proceedings Pursuant to 28 U.S.C. sec. 1407. (See D.E.27 .) Therein, the plaintiffs moved the JPML to consolidate five similar actions, including this one, for pretrial purposes before the District of New Mexico. On January 15, 2016, the Court issued an Order requiring the Parties to show cause why this case should not be stayed pending the JPML's decision. (D.E. 28 (citing Bonenfant v. R.J. Reynolds Tobacco Co. , No. 07-60301 CIV, 2007 WL 2409980, at *1 (S.D. Fla. July 31, 2007) ("It is common practice for courts to stay an action pending a transfer decision by the JPML."). See also Manual for Complex Litig. sec. 22.35 (4th ed. 2004) ("Courts commonly stay such actions because '[a] stay pending the [JPML]'s decision can increase efficiency and consistency, particularly when the transferor court believes that a transfer order is likely and when the pending motions raise issues likely to be raised in other cases as well.'"). Defendants responded to the Show Cause Order on January 21, 2016 and do not oppose a stay. (D.E.31 .) Plaintiffs Responded on January 25, 2016 and do oppose the stay. (D.E.33 .) Upon review of the Responses and the record, the Court finds that a stay is proper. Accordingly, it is ORDERED AND ADJUDGED that this case is hereby STAYED AND ADMINISTRATIVELY CLOSED pending a transfer decision by the JPML. All pending motions are DENIED WITHOUT PREJUDICE with leave to refile in the event the JPML denies consolidation and transfer of this action. The Court recognizes that Defendant has filed a13 Motion to Dismiss and a29 Motion for Leave to File and Amended Motion to Dismiss, which Plaintiff opposes. In the event that (1) the JPML denies consolidation and transfer, and (2) Defendant seeks to refile a motion to dismiss, it shall refile its original13 Motion to Dismiss and may refile its Motion for Leave to Amend the Motion to Dismiss, giving Plaintiff an opportunity to oppose the filing of an Amended Motion to Dismiss. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/26/2016. (gie) 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. Related: [-]
Thursday, January 21, 2016
32		32 order - Endorsed Order no pdf attached Thu 01/21 5:23 PM ENDORSED ORDER. Pursuant to the Court's Order17 of December 23, 2015, the deadline for the Parties to file their Joint Scheduling Report, Joint Scheduling Form, and Consent to Magistrate Jurisdiction Form is January 22, 2015. On January 15, 2016, the Court entered an Order providing the Parties until January 25, 2016 to Show Cause why this case should not be stayed pending the Judicial Panel for Multidistrict Litigation's ("JPML") decision on whether to consolidate this case with four similar cases for pretrial purposes in the District of New Mexico. (D.E. 28.) On January 21, 2016, Defendants filed a Response31 indicating that it did not oppose a stay pending the JPML's decision, but further indicated that Plaintiffs do oppose a stay. The Parties agree that the deadline to file the Joint Scheduling Report, Joint Scheduling Form, and Consent to Magistrate Jurisdiction Form should be continued pending this Court's decision as to whether to stay the case. The Court agrees with the Parties, and it is ORDERED AND ADJUDGED that the request to continue the deadline to file the aforementioned Report and Forms is GRANTED. In the event the Court declines to stay this case pending the JPML's decision, the Parties shall have three days from the date the Court renders its decision within which to file the Joint Scheduling Report, Joint Scheduling Form, and Consent to Magistrate Jurisdiction Form. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/21/2016. (gie) Related: [-]
31		31 misc Response to Order to Show Cause Thu 01/21 4:43 PM RESPONSE TO ORDER TO SHOW CAUSE re 28 Order to Show Cause,,,,,,, by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. (Huck, Paul) Related: [-]
30		30 notice Notice of Attorney Appearance Thu 01/21 1:47 PM NOTICE of Attorney Appearance by Michael Fraser Stoer on behalf of Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Attorney Michael Fraser Stoer added to party Reynolds American, Inc.(pty:dft), Attorney Michael Fraser Stoer added to party Santa Fe Natural Tobacco Company, Inc.(pty:dft). (Stoer, Michael) Related: [-]
Wednesday, January 20, 2016
29		29 motion Amend/Correct Wed 01/20 8:11 PM MOTION to Amend/Correct13 MOTION TO DISMISS7 Amended Complaint FOR FAILURE TO STATE A CLAIM by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Responses due by 2/8/2016(Huck, Paul) Related: [-]
		Att: 1 Exhibit Amended Motion to Dismiss (with Exhibits),
		Att: 2 Exhibit Comparison to Original Motion to Dismiss
Friday, January 15, 2016
28		28 order Order to Show Cause Fri 01/15 2:11 PM ORDER TO SHOW CAUSE. On January 6, 2016, plaintiffs in a similar case against the same Defendants pending in the United States District Court for the District of New Mexico, Haskal, et al. v. Santa Fe Natural Tobacco Co., Inc. , 1:15-cv-00163 (D.N.M.), filed a motion with the Judicial Panel for Multidistrict Litigation ("JPML") for Transfer of Actions to the District of New Mexico for Consolidation of all Pretrial Proceedings Pursuant to 28 U.S.C. sec. 1407. ( See D.E.27 .) Therein, the plaintiffs moved the JPML to consolidate five similar actions, including this one, for pretrial purposes before the District of New Mexico. ( See id. ) "It is common practice for courts to stay an action pending a transfer decision by the JPML." Bonenfant v. R.J. Reynolds Tobacco Co. , No. 07-60301 CIV, 2007 WL 2409980, at *1 (S.D. Fla. July 31, 2007) (citing Republic of Venez v. Philip Morris Co., Inc. , No. 990586Civ, 1999 WL 33911677 (S.D. Fla. Apr. 28, 1999)). "Courts commonly stay such actions because '[a] stay pending the [JPML]'s decision can increase efficiency and consistency, particularly when the transferor court believes that a transfer order is likely and when the pending motions raise issues likely to be raised in other cases as well.'" Id. (quoting Manual for Complex Litig. sec. 22.35 (4th ed. 2004)). Accordingly, it is ORDERED AND ADJUDGED that the Parties shall have until and including January 25, 2016 to SHOW CAUSE why this action should not be stayed pending the JPML's decision on whether to consolidate these cases for pretrial purposes. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/15/2016. (gie) Related: [-]
27		27 misc Remark Fri 01/15 12:44 PM Courtesy Copy of Motion of Haksal Plaintiffs for Transfer of Actions to The District of New Mexico for Consolidation of All Pretrial Proceedings Pursuant to 28 U.S.C. 1407, sent before The United States Judicial Panel on Multidistrict Litigation.(gp) Related: [-]
		Att: 1 Brief in Support,
		Att: 2 Schedule of Actions,
		Att: 3 Certificate of Service
Monday, January 11, 2016
26		26 order Order on Motion to Appear Pro Hac Vice Mon 01/11 4:35 PM ORDER granting21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Peter J. Biersteker. Signed by Judge Joan A. Lenard on 01/11/16. (dp) Related: [-]
25		25 order Order on Motion to Appear Pro Hac Vice Mon 01/11 4:33 PM ORDER granting20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Noel J. Francisco. Signed by Judge Joan A. Lenard on 01/11/16. (dp) Related: [-]
24		24 order Order on Motion to Appear Pro Hac Vice Mon 01/11 4:32 PM ORDER granting19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) David M. Monde. Signed by Judge Joan A. Lenard on 01/11/16. (dp) Related: [-]
Wednesday, January 06, 2016
23		23 misc Certificate of Interested Parties/Corporate Disclosure Statement Wed 01/06 3:18 PM Certificate of Interested Parties/Corporate Disclosure Statement by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc. identifying Other Affiliate British American Tobacco plc for Reynolds American, Inc. (Huck, Paul) Related: [-]
Tuesday, January 05, 2016
22		22 order - Order pdf attached ~Util - Set/Reset Hearings Tue 01/05 4:53 PM ORDER SETTING TELEPHONIC STATUS CONFERENCE for 2/18/2016 at 2:30 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 1/5/2016. (mso) Related: [-]
21		21 motion Appear Pro Hac Vice Tue 01/05 11:54 AM Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter J. Biersteker. Filing Fee $ 75.00. Receipt # 113C-8370274 by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Responses due by 1/22/2016(Huck, Paul) Related: [-]
		Att: 1 Certification,
		Att: 2 Text of Proposed Order
20		20 motion Appear Pro Hac Vice Tue 01/05 11:50 AM Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Noel J. Francisco. Filing Fee $ 75.00. Receipt # 113C-8370221 by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Responses due by 1/22/2016(Huck, Paul) Related: [-]
		Att: 1 Certification,
		Att: 2 Text of Proposed Order
19		19 motion Appear Pro Hac Vice Tue 01/05 11:42 AM Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David M. Monde. Filing Fee $ 75.00. Receipt # 113C-8370150 by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Responses due by 1/22/2016(Huck, Paul) Related: [-]
		Att: 1 Certification,
		Att: 2 Text of Proposed Order
Wednesday, December 23, 2015
18		18 order Order Wed 12/23 3:41 PM Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 12/23/15. (dp) Related: [-]
17		17 order Order Referring Case to Judge Wed 12/23 3:40 PM Order Referring Preliminary Status Conference, Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 12/23/15. (dp) Related: [-]
		Att: 1 Appendix,
		Att: 2 Appendix
Tuesday, December 22, 2015
16		16 order Order on Motion for Extension of Time to File Response/Reply/Answer Tue 12/22 12:10 PM ORDER GRANTING IN PART15 Agreed Motion to Extend Time to Respond to Defendants Motion to Dismiss and Request for Judicial Notice in Support of Motion to Dismiss. Plaintiffs requested an extension to February 15, 2016, which is a Federal holiday (Presidents' Day). Instead, Plaintiffs' shall have until and including February 12, 2016 to respond to Defendants' Motions. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/22/2015. (gie) Related: [-]
15		15 motion Extension of Time to File Response/Reply/Answer Tue 12/22 11:13 AM Agreed MOTION for Extension of Time to File Response/Reply/Answer to Defendants Motion to Dismiss and Request for Judicial Notice in Support of Motion to Dismiss by Patrick Scott, Justin Sproule.(Haberman, Jeffrey) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, December 15, 2015
14		14 motion Miscellaneous Relief Tue 12/15 7:05 PM MOTION Request for Judicial Notice re13 MOTION TO DISMISS7 Amended Complaint FOR FAILURE TO STATE A CLAIM by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. (Huck, Paul) Related: [-]
13		13 motion Dismiss for Failure to State a Claim Tue 12/15 7:00 PM MOTION TO DISMISS7 Amended Complaint FOR FAILURE TO STATE A CLAIM by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Responses due by 1/4/2016 (Huck, Paul) Related: [-]
Wednesday, November 04, 2015
12		12 order Order on Motion for Extension of Time to File Response/Reply/Answer Wed 11/04 10:07 AM ORDER GRANTING11 Agreed Motion to Extend Time to Respond to Amended Complaint. Defendants shall have until and including December 15, 2015 to respond to the Amended Complaint. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/4/2015. (gie) Related: [-]
Tuesday, November 03, 2015
11		11 motion Extension of Time to File Response/Reply/Answer Tue 11/03 11:46 AM Agreed MOTION for Extension of Time to File Response/Reply/Answer as to7 Amended Complaint by Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc..(Huck, Paul) Related: [-]
		Att: 1 Text of Proposed Order Exhibit A
10		10 notice Notice of Attorney Appearance Tue 11/03 10:37 AM NOTICE of Attorney Appearance by Paul Courtney Huck, Jr on behalf of Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. Attorney Paul Courtney Huck, Jr added to party Reynolds American, Inc.(pty:dft), Attorney Paul Courtney Huck, Jr added to party Santa Fe Natural Tobacco Company, Inc.(pty:dft). (Huck, Paul) Related: [-]
Thursday, October 15, 2015
9		9 service Summons Issued Thu 10/15 10:52 AM Summons Issued as to Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. (cbr) Related: [-]
Wednesday, October 14, 2015
8		8 notice Notice of Filing Proposed Summons(es) Wed 10/14 2:12 PM NOTICE of Filing Proposed Summons(es) by Patrick Scott, Justin Sproule (Haberman, Jeffrey) Related: [-]
		Att: 1 Summon(s),
		Att: 2 Summon(s)
7		7 cmp Amended Complaint Wed 10/14 1:23 PM AMENDED COMPLAINT against Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc., filed by Justin Sproule, Patrick Scott.(Haberman, Jeffrey) Related: [-]
Monday, October 05, 2015
6		6 order - Endorsed Order no pdf attached Mon 10/05 9:01 AM ORDER REGARDING FORMATTING OF FILINGS. The body of all future filings shall be (1) double-spaced (with the exception of block quotations), and (2) printed in 12-point or larger type in an easily-readable font. Consistent with Local Rule 5.1, footnotes may be single-spaced but must be at least 12-point font. Furthermore, all filings are limited to forty-six (46) lines of footnoted material, which is equal to one full page of single-spaced, 12-point font text. All page limitations set forth by the Local Rules shall be observed. Non-compliant filings may be stricken from the record. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 10/5/2015. (gie) Related: [-]
Wednesday, September 30, 2015
5		5 service Summons Issued Wed 09/30 3:47 PM Summons Issued as to Reynolds American, Inc. (jua) Related: [-]
4		4 order Clerks Notice of Docket Correction - ELECTRONIC CASE Wed 09/30 3:42 PM Clerks Notice to Filer re: Electronic Case. The Clerks Office confirmed Broward as the county with the filer. (jua) Related: [-]
3		3 notice Clerk's Notice of Consent to Proceed Before Magistrate Judge - FORM Wed 09/30 3:42 PM Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jua) Related: [-]
2		2 order Judge Assignment Wed 09/30 3:40 PM Judge Assignment to Judge Joan A. Lenard (jua) Related: [-]
1		1 20 pgs cmp Complaint Wed 09/30 2:54 PM COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8124500, filed by Justin Sproule.(Haberman, Jeffrey) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summon(s),
		Att: 3 Summon(s)

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