Order #59 Remand 8/20/15

August 21, 2015 1:48 pm by Gene Borio

The PDF is Here

EXCERPT:

The Court of Appeals ruled that the phrase “deliberately deceived the American public” adopted by this Court in its Opinion, exceeded its authority under RICO to craft remedies “that prevent and restrain” future violations. 18U.S.C. § 1964(a). On June 30, 2015, in an effort to move matters forward as quickly as possible, the Court held a Status Conference and the Parties offered their thoughts and suggestions on the matter.

Based on those discussions, it is this 20th day of August, 2015, hereby

ORDERED, that Judge Richard Levie remain as Special Master and shall Mediate among the Parties; and it is further

ORDERED, that, at a minimum, the Parties shall craft an agreement for replacement language of the phrase singled out by the Court of Appeals, that the Parties shall address any and all concerns about changes in the layout because of shorter introductory language, and any other issues that both Parties wish to resolve; and it is further

ORDERED, that the Parties conclude the Mediation no later than October 1, 2015, and appear in Court for a Status Conference on October 1, 2015, at 10:15 a.m.

END EXCERPT

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DOCKET for USA v. PHILIP MORRIS USA, et al. Aug 20, 2015

August 21, 2015 12:07 pm by Gene Borio

08/20/2015 6164 ORDER #59-Remand: This case is now before the Court on the Court of Appeals’ remand of this Court’s earlier Opinion at Dkt. No. 5992; it is hereby ORDERED that Judge Richard Levie will remain as Special Master and shall Mediate among the Parties (see Order for details); the Parties shall conclude Mediation no later than October 1, 2015; a Status Conference shall be held in this case on October 1, 2015, at 10:15 a.m. Signed by Judge Gladys Kessler on 8/20/15. (CL) Modified on 8/20/2015 (CL). (Entered: 08/20/2015)

08/20/2015 Set/Reset Hearings: Status Conference set for 10/1/2015 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 08/20/2015)

DOJ Appeal MANDATE, Aug. 18, 2015

August 18, 2015 12:56 pm by Gene Borio

The PDF is Here

EXCERPT:

J U D G M E N T

These causes came on to be heard on the record on appeal from the United States District Court for the District of Columbia and were argued by counsel. On consideration thereof, it is

ORDERED and ADJUDGED that the judgment of the District Court appealed from in these causes is hereby affirmed in part, reversed in part, and the case is remanded for further proceedings, in accordance with the opinion of the court filed herein this date.

Per Curiam

. . .

[STAMPED]

MANDATE

Pursuant to the provisions of Fed. R. App.Pro. 41 (a)

ISSUED: 8/17/2015

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DOCKET for USA v. PHILIP MORRIS USA, et al. Aug 18, 2015

August 18, 2015 12:33 pm by Gene Borio

Date Filed # Docket Text

08/18/2015 6163 MANDATE of USCA (certified copy) as to 6000 Notice of Appeal to DC Circuit Court, filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., LORILLARD TOBACCO COMPANY, 6112 Notice of Appeal to DC Circuit Court, filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., LORILLARD TOBACCO COMPANY. ORDERED and ADJUDGED that the judgment of the District Court appealed from in these causes is hereby affirmed in part, reversed in part, and the case is remanded for further proceedings, in accordance with the opinion of the court filed herein this date. USCA Case Number 13-5028; Consolidated with 14-5161. (rd) (Entered: 08/18/2015)

ORDER #58-REMAND: Schedule for Briefing and Counter-Motion Regarding Plaintiffs’ Motion to Formally Reinstate the Descriptor Ban

August 4, 2015 5:17 pm by Gene Borio

The PDF is Here

EXCERPT:

Upon consideration of the Parties’ Joint Motion for Schedule for Briefing and Counter-Motion Regarding Plaintiffs’ Motion to Formally Reinstate the Descriptor Ban, and the entire record in this case, it is hereby

ORDEED that the Joint Motion is GRANTED; and it is further

ORDERED that the Tobacco Companies’ combined opposition and brief supporting any counter-motion to Plaintiffs’ Motion to Formally Reinstate the Descriptor Ban will be due no later than September 11, 2015; and it is further

ORDERED that Plaintiffs’ brief combining their reply in support of their Motion to Formally Reinstate the Descriptor Ban and their opposition to any counter-motion will be due no later than September 25, 2015; and it is further

ORDERED that the Tobacco Companies’ reply brief in support of any counter-motion will be due no later than October 9, 2015.

END EXCERPT

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DOCKET for USA v. PHILIP MORRIS USA, et al Jul 31-Aug 4, 2015

August 4, 2015 5:04 pm by Gene Borio

07/31/2015 6160 MOTION to Formally Reinstate the Descriptor Ban by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND, UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 20150615 Email, Mandell to Crystal (w attchmnt), # 2 Exhibit Altria–Possible Role of Ind. Third Parties re MRTPs (Sept. 30, 2013), # 3 Exhibit RAI Servs.–Possible Role of Ind. Third Parties re MRTPs (Sept. 27, 2013), # 4 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 07/31/2015)

08/03/2015 6161 Joint MOTION for Briefing Schedule by R.J. REYNOLDS TOBACCO COMPANY (Mandell, Jeffrey) (Entered: 08/03/2015)

08/04/2015 6162 ORDER #58-Remand granting 6161 the Joint Motion for Schedule for Briefing and Counter-Motion Regarding Plaintiffs’ Motion to Formally Reinstate the Descriptor Ban (see Order for Details). Signed by Judge Gladys Kessler on 8/4/15. (CL) (Entered: 08/04/2015)

08/04/2015 Set/Reset Deadlines: Tobacco Companies combined opposition and brief supporting any counter-motion to Plaintiffs’ Motion to Formally Reinstate the Descriptor Ban due by 9/11/2015. Plaintiffs’ brief combining their reply in support of their Motion to Formally Reinstate the Descriptor Ban and their opposition to any counter-motion due by 9/25/2015. Tobacco Companies’ reply brief in support of any counter-motion will be due no later than 10/9/2015. (CL) (Entered: 08/04/2015)

6159 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. (Entered: 07/24/2015)

July 24, 2015 4:17 pm by Gene Borio

The PDF (794pp) is Here

[WARNING: This document contains

1. the entire USA v. Philip Morris et. al. (Case #99-2496) DOCKET from 1999 on, including all parties involved. (786 pp)

2. RJR’s 7/23/15 Notice of Appeal (previously posted Here)

3. Judge Kessler’s 5/28/15 ORDER #55-Remand (previously posted Here)

ie, nothing new.]

EXCERPT:

ORDER #55-Remand

Defendant R.J. Reynolds Tobacco Company (”RJR”) has filed a Motion for Relief From Certain Provisions of Order #1015 Pursuant to Fed. R. Civ. P. 60(b)(4) or, in the Alternative, 60(b)(6). . . .

There can be no question that this Court had jurisdiction when it issued its 2006 Remedial Order. Therefore, the corrective action statements included in that Order are not void. Finally, since the statements are not void under Rule 60(b )( 4) and the Court has already ruled that Defendants have waived their arguments under their alternative ground for relief, Rule 60(b )( 6), the Defendants have no other avenue for reconsideration — at this late date — of overturning the Court’s injunction ordering B&W Tobacco to air one television spot per week of the corrective action statements. In short, RJR’s attempt to turn its merits argument into a jurisdictional argument so that it can succeed under Rule 60(b)(4) fails, and its Motion shall be denied.

May 28, 2015

Gladys Kessler

United States District Judge

END EXCERPT

UNITED STATES’ PETITION FOR PANEL REHEARING on Corrective Statements 7/6/15

July 24, 2015 6:22 am by Gene Borio

The PDF is Here

EXCERPT:

The United States respectfully requests that the panel amend its opinion to clarify that the corrective statements at issue in this case may include the following introductory language:

A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA to make this statement about the [statement topic].1 Here is the truth:

This Court made clear that the corrective statements may not refer to defendants’ deliberate deceptions regarding the proposed topics, but it did not specify exactly which portions of those statements must be removed. The government understands the defendants to agree that some form of introduction is necessary, but to consider the following elements impermissibly backward-looking under this Court’s opinion, either individually or in combination: (1) identifying the entities making the corrective statement (e.g., Philip Morris USA); (2) identifying the topics of the corrective statements (e.g., “the adverse effects of smoking”); and (3) identifying the bulleted statements as “the truth.” There is nothing in this Court’s opinion requiring the corrective statements to be presented anonymously or without context. To avoid further extending this “long-running” litigation, Panel Op. at 3, we respectfully request that the Court amend its opinion to clarify that defendants’ reading is mistaken.

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R.J. REYNOLDS TOBACCO COMPANY’S NOTICE OF APPEAL 7/23/15

July 24, 2015 5:21 am by Gene Borio

The PDF is Here

EXCERPT:

Notice is hereby given that Defendant R.J. Reynolds Tobacco Company, individually and as successor to Brown & Williamson Tobacco Corporation, hereby appeals to the United States Court of Appeals for the District of Columbia Circuit from Order #55-Remand of this Court (Dkt. No. 6147, entered May 28, 2015), denying Defendant R.J. Reynolds Tobacco Company’s Motion for Relief from Provisions of Order #1015 that Require Brown & Williamson Tobacco Corporation to Publish Corrective Statements on Television

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SUPPLEMENTAL DISCLOSURE OF DEFENDANT LORILLARD TOBACCO COMPANY’S CORPORATE AFFILIATIONS AND FINANCIAL INTERESTS

June 30, 2015 2:42 pm by Gene Borio

The PDF is Here

EXCERPT:

We, the undersigned counsel of record for Defendant R.J. Reynolds Tobacco Company . . . certify that, to the best of our knowledge and belief, LTC has ceased to exist as a separate entity. For that reason, LTC has no companies, subsidiaries, or affiliates that have any outstanding securities in the hands of the public, nor does any company own at least 10% of the stock of LTC.

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