`
`No. 6:20-cv-00176
`
`R.J. Reynolds Tobacco Company et al.,
`Plaintiffs,
`v.
`United States Food and Drug Administration et al.,
`Defendants.
`
`ORDER
`
`For the reasons stated in the court’s order (Doc. 33) post-
`poning the effective date of the challenged rule1 and the fur-
`ther equitable reasons given in plaintiffs’ motion for an exten-
`sion of that relief, plaintiffs’ motion (Doc. 76) is granted. The
`court orders that the effective date of the rule is postponed for
`an additional 90 days, until January 14, 2022. Any obligation
`to comply with the Tobacco Control Act’s warning require-
`ments, 5 U.S.C. § 1333(a)(1) and (b)(1), and the additional re-
`quirements in 21 U.S.C. §§ 387c(a)(2) and 387t(a), is also post-
`poned for an additional 90 days, as is any other obligation to
`comply with a deadline tied to the effective date of the rule.
`A hearing on the pending motions for summary judgment
`and motion for a preliminary injunction (see Docs. 34, 37, 59,
`67) is set for December 11, 2020, at 9:00 a.m. In light of the
`ongoing COVID-19 pandemic, the hearing will be conducted
`telephonically. The court and the parties will participate by
`telephone, with a court reporter transcribing the proceedings.
`Instructions on dialing into and observing the hearing will be
`provided. To promote audio clarity and ensure that all parties
`can hear and be heard during the hearing, the following pro-
`tocols apply:
`
`
`1 Tobacco Products; Required Warnings for Cigarette Packages and Adver-
`tisements, 85 Fed. Reg. 15,638 (Mar. 18, 2020).
`
`
`
`Case 6:20-cv-00176-JCB Document 80 Filed 12/02/20 Page 2 of 2 PageID #: 10144
`
`1. Twenty-four hours before the hearing, the parties must
`provide the courtroom deputy clerk with the names of
`all attorneys who will speak during the hearing.
`2. Attorneys must call from a land line, in a location se-
`lected to minimize ambient noise.
`3. Attorneys must identify themselves by name before
`speaking.
`4. Attorneys should mute their microphones when not
`engaged in argument or dialogue.
`5. Before responding to a hearing participant, allow time
`to be sure that the participant is finished speaking. Do
`not interrupt other counsel or speak over them.
`Further hearing protocols may follow in due course.
`So ordered by the court on December 2, 2020.
`
`
`
`
`
`J. CAMPBELL BARKER
`United States District Judge
`
`
`
`
`- 2 -
`
`
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