USCA4 Appeal: 19-2130 Doc: 64 Filed: 01/21/2020 Pg: 1 of 2

FILED: January 21, 2020

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

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No. 19-2130 (L)

(8:18-cv-00883-PWG)
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In re: CIGAR ASSOCIATION OF AMERICA; CIGAR RIGHTS OF AMERICA;

PREMIUM CIGAR ASSOCIATION, f/k/a International Premium Cigar and Pipe
Retailers Association

Appellants
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AMERICAN ACADEMY OF PEDIATRICS; MARYLAND CHAPTER-

AMERICAN ACADEMY OF PEDIATRICS; AMERICAN CANCER SOCIETY
CANCER ACTION NETWORK; AMERICAN HEART ASSOCIATION;
AMERICAN LUNG ASSOCIATION; CAMPAIGN FOR TOBACCO-FREE
KIDS; TRUTH INITIATIVE; DR. LEAH BRASCH, MD; DR. CYNTHIA
FISHMAN, MD; DR. LINDA GOLDSTEIN, MD; DR. STEVEN HIRSCH, MD;
DR. DAVID MYLES, MD

Plaintiffs - Appellees

v.

UNITED STATES FOOD AND DRUG ADMINISTRATION; NORMAN E.

SHARPLESS, in his official capacity as Acting Commissioner of Food and
Drugs; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES; ALEX M. AZAR, II, in his Official capacity as Secretary of Health
and Human Services

Defendants

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STATE OF MARYLAND
USCA4 Appeal: 19-2130 Doc: 64 Filed: 01/21/2020 Pg: 2 of 2

Amicus Supporting Appellees

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ORDER
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Upon consideration of submissions relative to intervenors-appellants’ motion

to stay pending appeal, appellants’ motion for stay of judgment pending appeal, and

the joint motion for separate briefs by intervenors-appellants/appellants vapor trade

associations and appellants cigar trade association, the court denies the motions.

Upon consideration of submissions relative to intervenors-appellants’ motion

to expedite consideration on the merits and the state of Maryland’s motion for leave

to file an amicus brief supporting plaintiffs-appellees and United States’ oppositions

to intervenors-appellants’, the court grants the motions.

Upon consideration of the joint motion to extend word counts, the court grants

the motion and grants leave to file a single opening brief not to exceed 15,000 words

and a single reply brief not to exceed 7,500 words.

The court schedules this case for oral argument on March 18, 2020. The

briefing schedule issued on January 13, 2020 is rescinded and the clerk is directed

to issue an appropriate accelerated briefing schedule to ensure that the briefs are filed

in advance of oral argument.

For the Court

/s/ Patricia S. Connor, Clerk