Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the amount of menthol in each brand of cigarette constitutes a trade secret and that the FDA properly invoked Exemption 3 (other statutes) and Exemption 4 (confidential business information) to withhold the information from Kyle Rozema. The Family Smoking Prevention and Tobacco Control Act gave the FDA regulatory authority over tobacco products. Under the statute, tobacco product manufacturers are required to provide a range of information about their products, including a list of all ingredients. This includes a requirement that manufacturers provide a list of all constituents in their products that have been identified by the FDA as harmful or potential harmful (HPHC list). FDA has published a list of 93 harmful or potentially harmful constituents, which is required to be made public. Menthol is not on the HPHC list. A provision of the Tobacco Control Act, 21 U.S.C. § 387d, allows for withholding any information that manufacturers provide to the FDA that would fall within the parameters of Exemption 4. The FDA denied Rozema's request under both Exemption 3 and Exemption 4 and after he filed suit, the tobacco manufacturers intervened to block disclosure. Rozema's primary argument was that Exemption 3 and Exemption 4 did not apply in this case because the Tobacco Control Act required publication of the menthol levels because Congress had directed the Tobacco Products Scientific Advisory Committee, created by the Tobacco Control Act to advise the FDA on tobacco safety issues, to study the harmful effects menthol and, by implication, had determined that menthol was a potentially hazardous ingredient. The court found that the Tobacco Control Act placed the final authority to determine whether an ingredient was potential harmful with the FDA. The court noted that "FDA was tasked with establishing a list of HPHCs in each tobacco product 'by brand and by quantity in each brand and subbrand,' and placing the list on public display 'in a manner determined by' FDA. Pursuant to its authority, FDA has not identified menthol (as of the date of the Decision and Order) as an HPHC." In a footnote, the court further observed that "regardless of its policy imperatives and the mechanism codified to accomplish those imperatives, the [Tobacco Control Act] contains a nondisclosure provision applicable to a specific class of information. This fact alone, undercuts Plaintiff's unsupported argument that Congress intended tobacco-related information obtained by the FDA under § 387d to escape the reach of any withholding statute or exemption from FOIA. To the extent that Plaintiff may be understood to argue that tension exists between FDA's duty to public HPHC quantities by product brand and subbrand, on the one hand, and FOIA's exemption for trade secrets, on the other, that tension simply does not exist because menthol is not an HPHC as defined by FDA." Having dismissed Rozema's claim that the Tobacco Control Act required disclosure of menthol levels, the court found the menthol levels were protected by Exemption 4. However, the court rejected an alternative ground put forth by the tobacco manufacturers that the records were also protected because they qualified as having been voluntarily submitted under the standard articulated in Critical Mass. The court noted that "the Second Circuit has not adopted this amendment to the [confidential business information] test, and this District has never applied it. As a result, the Court declines Defendants' invitation to apply it here as an alternative, independent basis for concluding that menthol quantities are not subject to disclosure."
Issues: Exemption 4 - Confidential business information, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2014-04-28	1	COMPLAINT FOR INJUNCTIVE RELIEF: against U.S. Department of Health and Human Services, and U.S. Food and Drug Administration filed by Kyle Thomas Rozema, Pro Se. (Attachments: # 1 Civil Cover Sheet, # 2 Mailing Envelope) (jmb) (Entered: 04/30/2014)
2014-04-28	2	MOTION for Leave to Proceed in forma pauperis filed by Kyle Thomas Rozema, Pro Se. (Attachments: # 1 Proposed Summons for the U.S. Department of Health and Human Services, # 2 Proposed Summons for U.S. Food and Drug Administration) Motion referred to David E. Peebles. (jmb) (Entered: 04/30/2014)
2014-04-28	3	CERTIFICATE OF SERVICE: filed by Kyle Thomas Rozema, Pro Se regarding service of the # 1 Complaint upon William Hall on behalf of the U.S. Department of Health and Human Services, sent by mail on 4/20/2014. (Attachments: # 1 Certificate of Service regarding service of the # 1 Complaint upon Frederick J. Sadler on behalf of the U.S. Food and Drug Administration, sent by regular mail on 4/20/2014) (jmb) (Entered: 04/30/2014)
2014-05-01	4	PRO SE HANDBOOK, LOCAL RULES, LAWYER REFERRAL SERVICES, and NOTICE issued to the plaintiff. (Served plaintiff by regular mail). (sal, ) (Entered: 05/01/2014)
2014-05-09	5	DECISION and ORDER. Plaintiff's application to proceed in forma pauperis, Dkt. No. 2 is GRANTED, and plaintiff's complaint is accepted for filing. The Clerk shall issue summonses and forward them, along with copies of the complaint, to the U.S. Marshal for service upon defendants. The Clerk shall forward a copy of the summons and complaint and this Order upon the U.S. Attorney's Office for the NDNY; ORDERED that a response to plaintiff's complaint be filed by defendants as provided for in the Federal Rules of Civil Procedure after service of process. Signed by Magistrate Judge David E. Peebles on 5/9/2014. [copy sent by regular mail to plaintiff pro se] (lah) (Entered: 05/09/2014)
2014-05-12	6	Summons Issued as to United States Attorney. (Attachments Summonses as to # 1 U.S. Atty General, # 2 U.S. Food and Drug Admin., # 3 U.S. Dept. HHS)(lah) (Entered: 05/12/2014)
2014-05-12	7	G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/14/2014 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/7/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [copy sent to plaintiff pro se](lah) (Entered: 05/12/2014)
2014-05-27	8	Summons Returned Unexecuted as to U.S. Department of Health and Human Services. (alh, ) (Additional attachment(s) added on 6/13/2014: # 1 USPS Tracking Confirmation of Delivery) (alh, ). (Entered: 05/27/2014)
2014-05-27	9	PROCESS RECEIPT AND RETURN, Returned Executed as to United States Attorney on 5/27/14. (alh, ) (Entered: 05/27/2014)
2014-05-27	10	PROCESS RECEIPT AND RETURN Returned as to United States Attorney General on 5/21/14. (alh, ) (Entered: 05/27/2014)
2014-05-27	11	BILL OF COSTS submitted by the US Marshals Service to recover costs of service in the amount of $89.00. (alh, ) (Entered: 05/27/2014)
2014-05-27	12	PROCESS RECEIPT AND RETURN of USM-285 Returned Exectued as to USFDA on 5/23/2014 Summons & Complaint served. (lah) (Entered: 05/28/2014)
2014-05-28		***Answer due date updated for U.S. Food and Drug Administration answer due 7/28/2014. (lah) (Entered: 05/28/2014)
2014-06-24	13	ANSWER to 1 Complaint by U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 06/24/2014)
2014-07-16	14	MOTION to Intervene Motion Hearing set for 8/21/2014 09:30 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 8/4/2014 filed by Philip Morris USA Inc.. (Attachments: # 1 Affidavit of Geoffrey J. Michael, # 2 Memorandum of Law in suppore of Motion to Intervene) Motions referred to David E. Peebles. (Sullivan, Richard) (Entered: 07/16/2014)
2014-07-17	15	MOTION for Limited Admission Pro Hac Vice of Geoffrey J. Michael Filing fee $100, receipt number 0206-2996481. filed by Philip Morris USA Inc.. Motions referred to David E. Peebles. (Sullivan, Richard) (Additional attachment(s) added on 7/18/2014: # 1 E Filing Registration Form, # 2 Proposed Order) (sfp, ). (Entered: 07/17/2014)
2014-07-17	16	MOTION for Limited Admission Pro Hac Vice of Kristen E. Ittig Filing fee $100, receipt number 0206-2996485. filed by Philip Morris USA Inc.. Motions referred to David E. Peebles. (Sullivan, Richard) (Entered: 07/17/2014)
2014-07-17	17	AFFIDAVIT in Support re 16 MOTION for Limited Admission Pro Hac Vice of Kristen E. Ittig Filing fee $100, receipt number 0206-2996485. filed by Philip Morris USA Inc.. (Sullivan, Richard) (Entered: 07/17/2014)
2014-07-17	18	Letter Motion from William F. Larkin for U.S. Department of Health and Human Services, U.S. Food and Drug Administration requesting an adjournment of the Rule 16 conference submitted to Judge David E. Peebles . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 07/17/2014)
2014-07-18	19	TEXT ORDER granting 15 Motion for Limited Admission Pro Hac Vice of Geoffrey J. Michael, Esq.; and granting 16 Motion for Limited Admission Pro Hac Vice of Kristen E. Ittig, Esq. for Phillip Morris USA Inc.. Authorized by Magistrate Judge David E. Peebles on 7/18/14. (sal, ) (Entered: 07/18/2014)
2014-07-18		Served text order entered on 7/18/2014 upon plaintiff by regular mail. (sal, ) (Entered: 07/18/2014)
2014-07-18	20	TEXT ORDER granting 18 Letter Request. Based upon the recently filed 14 Motion to Intervene, the in-person Rule 16 Conference set for 8/14/2014 at 9:30 AM in Syracuse is adjourned without date at this time. The deadline for filing a Civil Case Management Plan and exchange of Mandatory Disclosures is therefore stayed. The Motion Hearing regarding the 14 Motion to Intervene will remain scheduled for 8/21/2014 at 9:30 AM in Syracuse, however, this is now returnable before Magistrate Judge David E. Peebles. Any response to this motion is due by 8/4/2014. Authorized by Magistrate Judge David E. Peebles on 7/18/14. (Served plaintiff by regular mail). (sal, ) (Entered: 07/18/2014)
2014-07-28	21	UNOPPOSED RESPONSE to Motion re 14 MOTION to Intervene filed by Kyle Thomas Rozema. (lah) (Entered: 07/28/2014)
2014-07-31	22	TEXT ORDER: Plaintiff has indicated to the court that he does not oppose the 14 Motion to Intervene as a Defendant filed by Phillip Morris USA Inc.. Dkt. No. 21 . This motion to intervene is therefore GRANTED and the clerk is directed to add Phillip Morris USA Inc. as an Intervenor Defendant in this action. The motion hearing set for 8/21/2014 at 9:30 AM in Syracuse is cancelled and appearances are no longer necessary. Authorized by Magistrate Judge David E. Peebles on 7/31/14. (Served plaintiff by regular mail). (sal, ) (Entered: 07/31/2014)
2014-07-31	23	Consent MOTION to Intervene as Defendant Motion Hearing set for 9/5/2014 02:00 PM in Binghamton before Magistrate Judge David E. Peebles Response to Motion due by 8/19/2014 filed by Lorillard Tobacco Co.. (Attachments: # 1 Declaration of M. Lynch in Support of Unopposed Motion to Intervene (with Ex. A-F), # 2 Memorandum of Law in Support of Unopposed Motion to Intervene) Motions referred to David E. Peebles. (Curran, Douglas) (Entered: 07/31/2014)
2014-07-31	24	MOTION for Limited Admission Pro Hac Vice of Mark H. Lynch Filing fee $100, receipt number 0206-3009825. filed by Lorillard Tobacco Co.. (Attachments: # 1 Declaration of Sponsor D. Curran in Support of Motion for Admission Pro Hac Vice, # 2 Declaration of M. Lynch in Support of Motion for Admission Pro Hac Vice, # 3 Proposed Order/Judgment for Admission Pro Hac Vice of M. Lynch) Motions referred to David E. Peebles. (Curran, Douglas) (Entered: 07/31/2014)
2014-07-31	25	MOTION for Limited Admission Pro Hac Vice of Jaclyn E. Martinez Resly Filing fee $100, receipt number 0206-3009888. filed by Lorillard Tobacco Co.. (Attachments: # 1 Declaration of Sponsor D. Curran in Support of Motion for Admission Pro Hac Vice, # 2 Declaration of J. Martinez Resly in Support of Motion for Admission Pro Hac Vice, # 3 Proposed Order/Judgment for Admission Pro Hac Vice of J. Martinez Resly) Motions referred to David E. Peebles. (Curran, Douglas) (Entered: 07/31/2014)
2014-07-31	26	MOTION for Limited Admission Pro Hac Vice of Mark S. Brown Filing fee $100, receipt number 0206-3010320. filed by R.J. Reynolds Tobacco Co.. (Attachments: # 1 E-File Registration Form, # 2 Proposed Order/Judgment) Motions referred to David E. Peebles. (Moss, Meredith) (Entered: 07/31/2014)
2014-07-31	27	MOTION to Intervene Motion Hearing set for 9/5/2014 02:00 PM in Binghamton before Magistrate Judge David E. Peebles Response to Motion due by 8/19/2014 filed by R.J. Reynolds Tobacco Co.. (Attachments: # 1 Affidavit of Mark S. Brown, # 2 Memorandum of Law) Motions referred to David E. Peebles. (Moss, Meredith) (Entered: 07/31/2014)
2014-08-01	28	TEXT ORDER : Plaintiff has indicated to the court that he does not oppose the 23 Consent Motion to Intervene as a Defendant filed by Lorillard Tobacco Co.. Dkt. No. 21 . This motion to intervene is therefore GRANTED and the clerk is directed to add Lorillard Tobacco Co. as an Intervenor Defendant in this action. The motion hearing set for 9/5/2014 at 2:00 PM in Binghamton is cancelled and appearances are no longer necessary. Authorized by Magistrate Judge David E. Peebles on 7/31/14. (Served plaintiff by regular mail). (sal, ) (Entered: 08/01/2014)
2014-08-01		TEXT NOTICE of Rescheduling Hearing on Motion 27 to Intervene by R.J. Reynolds Tobacco Co. : Response to Motion is now due by 8/11/2014. Motion Hearing is reset for 8/21/2014 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. APPEARANCES ARE REQUIRED. In the event that the parties have no opposition to this motion, then this motion hearing will be cancelled and taken on submit basis. The court will then schedule a Rule 16 Conference in this matter. (Served plaintiff by regular mail). (sal, ) (Entered: 08/01/2014)
2014-08-01	29	TEXT ORDER granting 24 Motion for Limited Admission Pro Hac Vice for Mark H. Lynch, Esq. ; and granting 25 Motion for Limited Admission Pro Hac Vice for Jaclyn E. Martinez Resly, Esq. on behalf of Intervenor Defendant Lorillard Tobacco Co.. Authorized by Magistrate Judge David E. Peebles on 8/1/14. (sal, ) (Entered: 08/01/2014)
2014-08-01	30	TEXT ORDER granting 26 Motion for Limited Admission Pro Hac Vice by Mark S. Brown, Esq. on behalf of Intervenor Defendant R.J. Reynolds Tobacco Co.. Authorized by Magistrate Judge David E. Peebles on 8/1/14. (sal, ) (Entered: 08/01/2014)
2014-08-01		Served copies of text orders 29 and 30 upon plaintiff by regular mail. (sal, ) (Entered: 08/01/2014)
2014-08-06	31	NOTICE of Appearance by Mark H. Lynch on behalf of Lorillard Tobacco Co. (Lynch, Mark) (Entered: 08/06/2014)
2014-08-06	32	NOTICE of Appearance by Jaclyn E. Martinez Resly on behalf of Lorillard Tobacco Co. (Martinez Resly, Jaclyn) (Entered: 08/06/2014)
2014-08-11	33	UNOPPOSED RESPONSE to Motion re 27 MOTION to Intervene by R.J. Reynolds Tobacco Company filed by Kyle Thomas Rozema. (lah) (Entered: 08/11/2014)
2014-08-12	34	TEXT ORDER : Plaintiff has indicated to the court that he does not oppose the 27 Motion to Intervene as a Defendant filed by R.J. Reynolds Tobacco Company. Dkt. No. 33 . This motion to intervene is therefore GRANTED and the clerk is directed to add R.J. Reynolds Tobacco Company as an Intervenor Defendant in this action. The motion hearing set for 8/21/2014 at 9:30 AM in Syracuse is cancelled and appearances are no longer necessary. The court will schedule an in-person Rule 16 Conference and set a deadline for the exchange of Mandatory Disclosures, as well as the filing of a Civil Case Management Plan, shortly. Authorized by Magistrate Judge David E. Peebles on 8/12/14. (Served plaintiff by regular mail). (sal, ) (Entered: 08/12/2014)
2014-08-12		Set Deadlines/Hearings: An in-person Initial Conference is set for 9/26/2014 at 3:00 PM in Syracuse, 10th Floor, before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/12/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (Served plaintiff by regular mail). (sal, ) (Entered: 08/12/2014)
2014-08-14	35	NOTICE of Appearance by Mark S. Brown on behalf of R.J. Reynolds Tobacco Company (Brown, Mark) (Entered: 08/14/2014)
2014-08-21	36	Defendant-Intervenor Philip Morris USA's ANSWER to 1 Complaint by Philip Morris USA Inc..(Sullivan, Richard) (Entered: 08/21/2014)
2014-09-02	37	ANSWER to 1 Complaint by R.J. Reynolds Tobacco Company.(Moss, Meredith) (Entered: 09/02/2014)
2014-09-03	38	Letter Motion from Philip Morris USA Inc. (Richard T. Sullivan) for Lorillard Tobacco Co., Philip Morris USA Inc., R.J. Reynolds Tobacco Company, U.S. Department of Health and Human Services, U.S. Food and Drug Administration requesting continue Initial Conference and related deadlines submitted to Judge David E. Peebles . (Attachments: # 1 Affidavit Affidavit of Service)(Sullivan, Richard) (Entered: 09/03/2014)
2014-09-04	39	TEXT ORDER granting 38 Letter Request. The in-person Rule 16 Conference set for 9/26/2014 at 3:00 PM in Syracuse is adjourned without date at this time. The requirement to exchange mandatory disclosures, as well as the filing of a Civil Case Management Plan, is stayed. Defendants must file the anticipated motion for summary judgment on or before 9/30/2014, which will be returnable before District Judge Glenn T. Suddaby. Authorized by Magistrate Judge David E. Peebles on 9/4/14. (Served plaintiff by regular mail). (sal, ) (Entered: 09/04/2014)
2014-09-30	40	MOTION for Summary Judgment Motion Hearing set for 11/6/2014 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 10/20/2014 Reply to Response to Motion due by 10/27/2014. filed by U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (Attachments: # 1 Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Exhibit(s) A Kotler Declaration, # 4 Exhibit(s) B German Declaration, # 5 Statement of Material Facts, # 6 Proposed Order/Judgment, # 7 ProSe Notification, # 8 Certificate of service) (Larkin, William) (Entered: 09/30/2014)
2014-09-30	41	MOTION for Summary Judgment Motion Hearing set for 11/6/2014 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 10/20/2014 Reply to Response to Motion due by 10/27/2014. filed by Philip Morris USA Inc.. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) EXHIBIT 1 to MOL, # 3 Exhibit(s) Exhibit 1 to Swauger Aff, # 4 Exhibit(s) Exhibit 2 to Swauger Aff, # 5 Exhibit(s) Exhibit 3 to Swauger Aff, # 6 Exhibit(s) Exhibit 4 to Swauger Aff, # 7 Exhibit(s) Exhibit 5 to Swauger Aff, # 8 Exhibit(s) EXHIBIT 2 TO MOL, # 9 Exhibit(s) Exhibit A to Dillard Aff, # 10 Exhibit(s) EXHIBIT 3 TO MOL, # 11 Statement of Material Facts, # 12 Affidavit Affidavit of Michael, # 13 Exhibit(s) Exhibit 1 to Michael Aff, # 14 Exhibit(s) Exhibit 2 to Michael Aff, # 15 Exhibit(s) Exhibit 3 to Michael Aff, # 16 Exhibit(s) Exhibit 4 to Michael Aff, # 17 Exhibit(s) Exhibit 5 to Michael Aff, # 18 Pro Se Notification, # 19 Rule 56.2 Notice to Pro Se Litigant, # 20 Certificate of Service, # 21 Proposed Order/Judgment) (Sullivan, Richard) (Entered: 09/30/2014)
2014-09-30	42	MOTION for Summary Judgment Motion Hearing set for 11/6/2014 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 10/20/2014 Reply to Response to Motion due by 10/27/2014. filed by Lorillard Tobacco Co.. (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment, # 2 Statement of Material Facts in Support of Motion for Summary Judgment, # 3 Declaration of Neil L. Wilcox in Support of Motion for Summary Judgment, # 4 Proposed Order/Judgment, # 5 LR 56.2 Notice to Pro Se Litigant) (Curran, Douglas) (Entered: 09/30/2014)
2014-10-03		TEXT NOTICE of Hearing on # 40 MOtion for Summary Judgment; # 41 MOTION for Summary Judgment and # 42 MOTION for Summary Judgment : Motion Hearing set for 11/6/2014 on submit before Judge Glenn T. Suddaby. No oral argument. Responses to Motions due by 10/20/2014. Replies to Responses to Motions due by 10/27/2014. (lmw) (Entered: 10/03/2014)
2014-10-14	43	Letter Motion from William F. Larkin for U.S. Department of Health and Human Services, U.S. Food and Drug Administration requesting that the deadline for Plaintiffs response be extended to December 1, 2014, and the deadline for Defendants replies to the response be extended to December 15, 2014 submitted to Judge Glenn T. Suddaby . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 10/14/2014)
2014-10-15	44	TEXT ORDER granting # 43 Letter Request: # 40 MOTION for Summary Judgment; # 41 MOTION for Summary Judgment and # 42 MOTION for Summary Judgment are all adjourned to 12/18/2014 on submit before Judge Glenn T. Suddaby. Plaintiffs' Response to Motions due by 12/1/2014. Defendants' replies to Response to Motions due by 12/15/2014. Authorized by Judge Glenn T. Suddaby on 10/1514. (lmw) (Entered: 10/15/2014)
2014-12-04	45	CROSS-MOTION for Summary Judgment and RESPONSE in Opposition re 42 MOTION for Summary Judgment , 41 MOTION for Summary Judgment and CROSS MOTION for Summary Judgment filed by Kyle Thomas Rozema. (Attachment: # 1 Mailing envelope)(lah) Modified on 12/5/2014 to reflect this is a cross-motion (lmw). (Entered: 12/04/2014)
2014-12-09	46	NOTICE of Change of Address by Jaclyn E. Martinez Resly Effective Date 12/8/2014 Old Address: 1201 Pennsylvania Ave. NW, Washington, DC 20004 New Address: 850 10th St. NW, Washington, DC 20001 (Martinez Resly, Jaclyn) (Entered: 12/09/2014)
2014-12-09	47	NOTICE of Change of Address by Mark H. Lynch Effective Date 12/08/2014 Old Address: 1201 Pennsylvania Ave. NW, Washington, DC 20004 New Address: 850 10th St. NW, Washington, DC 20001 (Lynch, Mark) (Entered: 12/09/2014)
2014-12-15	48	REPLY to Response to Motion re 45 MOTION for Summary Judgment filed by U.S. Department of Health and Human Services, U.S. Food and Drug Administration. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 12/15/2014)
2014-12-15	49	REPLY to Response to Motion re 45 MOTION for Summary Judgment filed by Lorillard Tobacco Co., Philip Morris USA Inc., R.J. Reynolds Tobacco Company. (Attachments: # 1 Certificate of Service)(Sullivan, Richard) (Entered: 12/15/2014)
2015-08-03	50	NOTICE of Change of Address by Kyle Thomas Rozema Effective Date 7/27/2015. Old Address: 311 E. Green St., Ithaca, NY. New Address: 340 East North Water St., Apt. 3308, Chicago, IL 60611. (lah) (Entered: 08/05/2015)
2016-03-02	51	DECISION AND ORDER #granting # 40 , # 41 and # 42 Defendants' Motions for Summary Judgment; and denying # 45 Plaintiff's Cross-Motion for Summary Judgment. Plaintiff's complaint is dismissed. Clerk is directed to add Santa Fe Natural Tobacco Company, Inc. as an Intervenor-Defendant. Signed by Chief Judge Glenn T. Suddaby on 3/2/16. (lmw) (Copy served upon pro se plaintiff via regular and certified mail) (Entered: 03/02/2016)
2016-03-02	52	JUDGMENT in favor of Defendants against Kyle Thomas Rozema. Defendants' motions for summary judgment (Dkt. Nos. 40 , 41 , 42 ) are granted; and Plaintiff's cross-motion for summary judgment (Dkt. No. 45 ) is denied. Plaintiff's Complaint is DISMISSED. (lmw) (Copy served upon pro se plaintiff via regular and certified mail) (Entered: 03/02/2016)
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