`
`
`
`
`
`February 9, 2023
`
`Office of the Clerk
`Paul Brown United States Courthouse
`101 East Pecan St., Rm. 216
`Sherman, TX 75090
`
`
`RE: Kealani Distribution LLC v. Food & Drug Admin., 4:22-cv-00856-
`SDJ
`
`
`
`On behalf of Plaintiffs, I file this letter to advise the Court that, upon further
`review, Plaintiffs will not be filing an amended Complaint today to add certain
`contemplated claims.
`
`In January, Plaintiffs were contemplating amending their Complaint to add
`certain claims that might be supported by recently published information regarding the
`tobacco product application review process. While the information of interest to
`Plaintiffs may be relevant evidence with respect to the claim already on file, they have
`decided not to add additional claims to this lawsuit. Given that the January 27 joint
`motion contemplated amending by today, Plaintiffs thought it prudent to advise the
`court of the decision not to amend. Plaintiffs continue to work with opposing counsel
`regarding joint or separate proposals for further proceedings in this lawsuit.
`
`
`
`Very respectfully,
`
`
`Jerad Najvar
`
`
`
`
`
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