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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 9:20-cv-80898-WPD

EDWARD QUIDERA and JEREMY CAVOLO,

Individually and on behalf of others similarly situated,

Plaintiffs, 

 v.

BLACKSTONE LABS, LLC, 

Defendant.

___________________________________/

DEFENDANT BLACKSTONE LABS, LLC’S

NOTICE OF SUPPLEMENTAL AUTHORITY TO D.E. 14

Defendant Blackstone Labs, LLC provides notice of the attached supplemental authority to 

its Motion to Dismissed Filed at D.E. 14, and states:

1. On July 30, 2020, at 4:47 PM, Blackstone Labs, LLC filed its motion to dismiss at 

D.E. 14.

2. Undersigned counsel learned of the July 29, 2020 Central District of California’s 

entry of dismissal in Rosas, et al., v. Hi-Tech Pharmaceuticals, CV 20-00433-DOC-DRM (C.D. Cal. 2020)

an hour later, at 5:45 PM, July 30, 2020. 

3. The Order of Dismissal is attached as Exhibit “A” pursuant to the local practices of 

the Southern District of Florida. See generally, Barron v. Snyder’s-Lance, Inc., 2014 WL 2686060 *1 (S.D. 

Fla. 2014) (quoting Girard v. Aztec RV Resort, Inc., 2011 WL 4345443 (S.D. Fla. 

2011)(“[S]upplemental filings should direct the Court's attention to legal authority or evidence that 

was not available to the filing party at the time that that party filed the original brief to which the 

subsequent supplemental filing pertains. They should further note the argument to which the legal 

authorities or evidence relate.”).

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4. The Central District of California’s entry of dismissal held that the determination of 

DMAA, DMHA and methylsynephrine as dietary supplements under DSHEA requires both the 

expertise of the FDA and uniformity in administration. This relates to Defendants’ arguments 

regarding DMHA found on page 3-7 of D.E. 14.

5. Had undersigned counsel been aware of this order at the time of filing D.E. 14, they

would have included it within the original motion to dismiss.

Respectfully Submitted this 3d day of August 2020.

CERTIFICATE OF SERVICE

I Certify that on August 3, 2020, I electronically filed the foregoing document with the Clerk of the 

Court using CM/ECF. I also certify the foregoing document is being served this day on all counsel 

of record either via transmission of Notices of Electronic Filing generated by CM/ECF or in 

another authorized manner for those counsel or parties not authorized to receive electronic Notices 

of Electronic Filing.

By: /Zachary L. Catanzaro/

Zachary L. Catanzaro

Fla. Bar No. 98902

Law Office of Zachary L. Catanzaro, PA

7999 N. Federal Highway, Suite 401

Boca Raton, Florida 33487

Tel.: 561-247-3242

zachary@zlclaw.com 

Counsel for Defendant Blackstone Labs, LLC

/Arthur W. Leach/

Arthur W. Leach, Esq.

art@arthurwleach.com

Law Office of Arthur Leach

5780 Windward Parkway, Suite 225

Alpharetta, GA 30005

Tel.: 404-786-6443

Counsel for Defendant Blackstone Labs, LLC,

pro hac vice

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Exhibit “A”

Rosas, et al., v. Hi-Tech Pharmaceuticals

cv 20-004433-DOC-DRM

D.E. 46, Order Re: Motion to Dismiss [13]

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