En Fuego Tobacco Shop LLC v. U.S. Food & Drug Admin.
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Amit P. Mehta, United States District Judge *3I. INTRODUCTION
In an order dated July 2, 2018, the District Court for the Eastern District of Texas transferred this matter to this court under the Fifth Circuit's first-to-file rule. The court in Texas found that there is a "likelihood of substantial overlap" between this case and Cigar Association of America v. FDA , which has been pending before this court since July 2016. Plaintiffs are Texas-based stakeholders in the premium cigar industry. They now ask the court to retransfer the case to the Eastern District of Texas, where they originally…
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