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BBK TOBACCO & FOODS v. U.S. FOOD AND DRUG ADMIN.

No. CV 09-2111-PHX-JAT.

672 F.Supp.2d 969 (2009)

BBK TOBACCO & FOODS, LLP, Plaintiff, v. (1) U.S. FOOD AND DRUG ADMINISTRATION; (2) Margaret A. Hamburg, Commissioner of the United States Food and Drug Administration; (3) U.S. Department of Health and Human Services; (4) Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, D. Arizona.

December 9, 2009.

Attorney(s) appearing for the Case

Joel Eric Sannes, Lake & Cobb PLC, Tempe, AZ, Jonathan M. Weis, Mitchell S. Chaban, Levin Ginsburg, Chicago, AZ, for Plaintiff.

Daniel Kadane Crane-Hirsch, Office of Consumer Litigation, U.S. Justice Department, Washington, DC, for Defendants.

ORDER

JAMES A. TEILBORG, District Judge.

Pending before the Court is Plaintiff BBK Tobacco & Foods, LLP's ("BBK") Motion for Order to Show Cause re: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. # 12); BBK's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. # 13); BBK's Motion for Summary Judgment (Doc. # 34); and Defendants U.S. Food and Drug Administration ("FDA"), Margaret A. Hamburg, U.S...

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