USCA Case #23-5220 Document #2046414 Filed: 03/22/2024 Page 1 of 5

[ORAL ARGUMENT NOT YET SCHEDULED]

IN THE UNITED STATES COURT OF APPEALS FOR

THE DISTRICT OF COLUMBIA CIRCUIT

CIGAR ASSOCIATION OF AMERICA et al.,

Plaintiffs-Appellees,

v. No. 23-5220

UNITED STATES FOOD & DRUG

ADMINISTRATION et al.,

Defendant-Appellants.

APPELLEES’ UNOPPOSED MOTION TO EXTEND BRIEFING

SCHEDULE

Appellees Premium Cigar Association, Cigar Rights of America, and Cigar

Association of America respectfully move for a 14-day extension of the current

briefing schedule.

The Commonwealth of Virginia, on behalf of itself and other States, has

decided to file an amicus brief in support of Appellees. Under the current briefing

schedule, Appellees’ response brief is due April 1, with amicus briefs due April 8.

The Virginia Solicitor General’s Office has informed Appellees that a 14-day

extension of the current briefing schedule would facilitate coordination of a single,

consolidated amicus brief on behalf of interested States and the avoidance of

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USCA Case #23-5220 Document #2046414 Filed: 03/22/2024 Page 2 of 5

duplication with Appellees’ brief. Without the requested extension, coordination

among States and coordination among the multiple Appellees will be made more

challenging than usual given that the next two weeks are Holy Week and Easter

Week.

The States have previously weighed in on two separate occasions as amici in

prior stages of this matter, including before this Court. Their position is particularly

salient given the States’ parallel interests in the regulation of tobacco products.

The requested extension would make the Appellees’ brief due on April 15, the

State amici brief due on April 22, and the Appellant’s reply brief due on May 6.

Appellants have indicated that they do not oppose the requested extension “to

the extent that the requested extension will not affect whether the case is argued

before the summer recess.” The Court’s Calendar Clerk informed the undersigned

today that this case will not be on the May argument calendar.

Accordingly, Appellees respectfully request that the Court grant the

requested 14-day extension of the current briefing schedule.

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Dated: March 22, 2024 Respectfully submitted,

/s/ Michael J. Edney

Michael J. Edney
HUNTON ANDREWS KURTH LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
(202) 778-2204
medney@huntonak.com

Counsel for Appellees Premium Cigar

Association and Cigar Rights of America

/s/ Brian T. Burgess

Brian T. Burgess
Andrew Kim
Goodwin Procter LLP
1900 N Street, N.W.
Washington, D.C. 20036
(202) 346-4000
bburgess@goodwinlaw.com
andrewkim@goodwinlaw.com

Counsel for Appellee Cigar Association of

America

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CERTIFICATE OF COMPLIANCE

I hereby certify that this motion complies with the type-face requirements of

Fed. R. App. P. 32(a)(5) and the type-volume limitations of Fed. R. App. P.

27(d)(2)(A). This motion contains 268 words, excluding the parts of the motion

excluded by Fed. R. App. P. 27(d)(2) and 32(f).

/s/ Michael J. Edney

Michael J. Edney
USCA Case #23-5220 Document #2046414 Filed: 03/22/2024 Page 5 of 5

CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of March, 2024, the foregoing was filed

electronically with the Clerk of the Court using the CM/ECF System, which will

send notice of such filing to all registered CM/ECF users.

/s/ Michael J. Edney

Michael J. Edney