Tobacco On Trial

The PDF is Here

EXCERPT:

The Court has concluded, for the following reasons, that there will be no deferral of decision-making regarding the corrective action statements.

1. It is perfectly clear from Defendants’ Response that the litigation challenging the Regulations promulgated by the Food and Drug Administration (“FDA”) . . . will not end (if ever) for an extremely long period of time. The case now pending before our Court of Appeals will, unquestionably, take at least one or more years to get resolved and an additional one to two years if the Supreme Court decides to grant certiorari which the loser before our Court of Appeals will undoubtedly request. In short, the period of any such deferral of decision-making would be both lengthy and indefinite. . . .

the public interest in obtaining such a remedy far outweighs any concern about judicial economy.

4. The issues to be addressed on remand here are very different substantively from and are governed by different statutory standards than those raised in R.J. Reynolds Tobacco Co. v. U.S. Food & Drug Administration . . .

6. Finally, the Tobacco Control Act specifically stated in very clear language that “[n]othing in this Act . . . shall be construed to . . . affect any action pending in Federal, State or tribal court, or any agreement, consent decree, or contract of any kind.”

For all these reasons, the Court will not defer a decision on the corrective action statements pending the outcome of R.J. Reynolds Tobacco Co. v. U.S. Food & Drug Administration.

END EXCERPT

(more…)

Date Filed # Docket Text

12/21/2011 5958 Joint MOTION for Order Concerning Document Disclosure Obligations under Order #1015 by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, LORILLARD TOBACCO COMPANY, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 12/21/2011)

12/21/2011 5959 NOTICE OF AGREEING TO BE SUBJECT TO CONSENT ORDER by REGENTS OF THE UNIVERSITY OF CALIFORNIA re 5958 Joint MOTION for Order Concerning Document Disclosure Obligations under Order #1015 (Leff, Peter) (Entered: 12/21/2011)

12/23/2011 5960 NOTICE by R.J. REYNOLDS TOBACCO COMPANY (Francisco, Noel) (Entered: 12/23/2011)

12/23/2011 DEPOSIT of Funds into registry of the Court on December 23, 2011, in the amount of $200,000.00. Receipt Number 4616044746 by RJ REYNOLDS TOBACCO CO. (dr) (Entered: 12/27/2011)

12/27/2011 5961 Consent ORDER 5958 Between the United States, the Public Health Intervenors, and Lorillard Tobacco Company Concerning Document Disclosure Obligations Under Order #1015. Signed by Judge Gladys Kessler on 12/23/11. (alp) (Entered: 12/27/2011)

12/29/2011 5962 ORDER #29-Remand: No Defendant shall remove any document from the population available to the public at the [Minnesota] Depository until further Order of the Court (see Order for details). Signed by Judge Gladys Kessler on 12/19/11. (CL, ) (Entered: 12/29/2011)

01/11/2012 5963 NOTICE of Payment by LORILLARD TOBACCO COMPANY (Minton, Michael) (Entered: 01/11/2012)

01/11/2012 DEPOSIT of Funds into registry of the Court on January 11, 2012 in the amount of $217,000.00, receipt number 4616045144, by LORILLARD TOBACCO CO. (dr) (Entered: 01/11/2012)

01/13/2012 5964 NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Belize Social Development Ltd. v. Government of Belize, ___ F.3d ___, 2012 WL 104462 (D.C. Cir. Jan. 13, 2012))(Crane-Hirsch, Daniel) (Entered: 01/13/2012)

01/17/2012 5965 RESPONSE re 5964 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ALTRIA GROUP, INC., LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY. (Estrada, Miguel) (Entered: 01/17/2012)

01/20/2012 5966 REPLY re 5965 Response to Document United States’ Reply to Defendants’ Response 5965 to United States’ Notice 5964 of Supplemental Authority re Belize Social Development V. Government of Belize (D.C. Cir. Jan. 13, 2012) filed by UNITED STATES OF AMERICA. (Crane-Hirsch, Daniel) (Entered: 01/20/2012)

01/26/2012 5967 MEMORANDUM OPINION: The Court will not defer a decision on the corrective action statements pending the outcome of R.J. Reynolds Tobacco Co. v. U.S. Food & Drug Administration (see Memorandum Opinion for details). Signed by Judge Gladys Kessler on 1/26/12. (CL, ) (Entered: 01/26/2012)

The PDF is Here

EXCERPT:

Upon consideration of the Joint Motion for Consent Order Between the United States, the Public Health Intervenors (hereafter “Plaintiffs”), and Lorillard Tobacco Company (hereafter “Lorillard”) Concerning Document Disclosure Obligations Under Order #1015, and the entire record herein, it is hereby ORDERED that:

A. Lorillard will deposit, on or before the dates indicated below, the amounts indicated below with the Registry of the Court:

Friday, January 13, 2012 $217,000

Monday, December 31, 2012 $217,000

Tuesday, December 31, 2013 $216,000

Total: $650,000

B. The Registry of the Court will, upon receipt of each of these installments, disburse the funds to the University of California, San Francisco (hereafter “UCSF”).

C. Lorillard will make these payments primarily in lieu of its prior obligations under Order #1015 to code the person mentioned, organization mentioned, and brand mentioned fields and as part of a resolution of the scope of Lorillard’s coding obligations for documents posted on its public document websites as a result of production in court or administrative actions in the United States concerning smoking and health, marketing, addiction, low-tar or low-nicotine cigarettes, or less hazardous cigarette research both prior to November 15, 2011, and on or after that date.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

On August 18, 2011, in Order 26-Remand [Dkt. No 5949], the Court ruled that from and after September 15, 2011, it would exercise jurisdiction and supervision over the Minnesota Depository. Since that time, with the assistance of Depository staff, the Court has been reviewing the operation of the Depository. It has come to the Court’s attention that there is some degree of confusion and uncertainty about the proper interpretation and application of Chief Judge Lawrence Cohen’s Orders of January 12, 1999. In particular, there is concern about whether Defendants’ document removals have complied with the procedures spelled out by Chief Judge Cohen in his Order. 1 If and when Removals are not handled properly, the public suffers because the removed documents are no longer available to public inspection. A temporary halt to all document removals would prevent further problems while the Court is determining how to proceed in this matter and to ensure maximum public access to the documents in the Depository.

WHEREFORE, it is this 29th day of December, 2011, hereby

ORDERED, that no Defendant shall remove any documents from the population available to the public at the Depository until further Order of the Court.

END EXCERPT

(more…)

Date Filed: 09/22/1999

Jury Demand: Both

Nature of Suit: 890 Other Statutory Actions

Jurisdiction: U.S. Government Plaintiff

Date Filed # Docket Text

12/23/2011 5960 NOTICE by R.J. REYNOLDS TOBACCO COMPANY (Francisco, Noel) (Entered: 12/23/2011)

12/23/2011 DEPOSIT of Funds into registry of the Court on December 23, 2011, in the amount of $200,000.00. Receipt Number 4616044746 by RJ REYNOLDS TOBACCO CO. (dr) (Entered: 12/27/2011)

12/27/2011 5961 Consent ORDER 5958 Between the United States, the Public Health Intervenors, and Lorillard Tobacco Company Concerning Document Disclosure Obligations Under Order #1015. Signed by Judge Gladys Kessler on 12/23/11. (alp) (Entered: 12/27/2011)

12/29/2011 5962 ORDER #29-Remand: No Defendant shall remove any document from the population available to the public at the [Minnesota] Depository until further Order of the Court (see Order for details). Signed by Judge Gladys Kessler on 12/19/11. (CL, ) (Entered: 12/29/2011)

The PDF is Here

EXCERPT:

NOTICE

Defendant R.J. Reynolds Tobacco Company hereby gives notice that it has deposited its payment of $200,000 due by December 31, 2011 pursuant to Order #27-Remand into the Registry of the Court.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

Upon consideration of the Joint Motion for Consent Order Between the United States, the Public Health Intervenors (hereafter “Plaintiffs”), and Lorillard Tobacco Company (hereafter “Lorillard”) Concerning Document Disclosure Obligations Under Order #1015, and the entire record herein, it is hereby ORDERED that: . . .

II. Monetary Terms

A. Lorillard will deposit, on or before the dates indicated below, the amounts indicated below with the Registry of the Court:

Friday, January 13, 2012 $217,000

Monday, December 31, 2012 $217,000

Tuesday, December 31, 2013 $216,000

Total: $650,000

B. The Registry of the Court will, upon receipt of each of these installments, disburse the funds to the University of California, San Francisco (hereafter “UCSF”).

C. Lorillard will make these payments primarily in lieu of its prior obligations under Order #1015 to code the person mentioned, organization mentioned, and brand mentioned fields and as part of a resolution of the scope of Lorillard’s coding obligations for documents posted on its public document websites as a result of production in court or administrative actions in the United States concerning smoking and health, marketing, addiction, low-tar or low-nicotine cigarettes, or less hazardous cigarette research both prior to November 15, 2011, and on or after that date.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

By Orders dated February 25, 2011 (DN 5878) and March 24, 2011 (DN 5895), this Court referred to mediation several matters related to Defendants’ document disclosure obligations under Order #1015 (DN 5733, Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 940-44 (D.D.C. 2006), aff’d in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert. denied, 561 U.S. ___, 130 S. Ct. 3501 (2010). Lorillard Tobacco Company (hereafter “Lorillard”) and the United States and the Public Health Intervenors (hereafter “Plaintiffs”) have successfully concluded that mediation. Subject to the Court’s approval, the attached (proposed) Consent Order resolves the issues referred for mediation, including the scope of Lorillard’s coding obligations for documents posted on its public websites maintained as a result of production in smoking and health litigation both prior to November 1, 2011, and on or after that date.

WHEREFORE, Plaintiffs and the specified Defendant respectfully ask the Court to enter the attached (proposed) Consent Order.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

We submit this Notice to certify that:

1. UCSF is aware of and consents to the terms that refer to the university in the (proposed) consent order;

2. UCSF voluntarily submits itself to the personal jurisdiction of the Court concerning any disputes about UCSF’s obligations under the (proposed) consent order;

3. UCSF agrees to use the moneys disbursed to it by the Registry of the Court under the (proposed) consent order to improve access to and functionality of the Legacy Tobacco Documents Library, e.g., through coding documents and providing enhanced search capabilities (with the understanding that the university may assess some percentage for indirect costs), and not for any other purpose.

4. As a condition for receipt of the payments provided under the (proposed) consent order, UCSF agrees to file through the ECF system, by December 31 of each year (beginning in 2012) and up to and including the final year in which these funds are spent, a certification confirming that these funds have been used only for the purposes described in Paragraph (3) and not for any other purpose.

5. UCSF agrees that if it spends any of these funds in a manner inconsistent with Paragraph (3), it will refund any such funds to the Registry of the Court.

6. UCSF understands that under the (proposed) consent order, it may allocate the monies received for the purposes specified in Paragraph (3) through December 31, 2025. UCSF will have until that date to spend all the funds provided by the (proposed) consent order, and agrees to continue filing annual certifications until all funds are spent. UCSF agrees that if any of the funds remain unspent by that date, it will refund any remaining funds to the Registry of the Court.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

it is hereby

ORDERED that:

Defendants’ document disclosure obligations under Order #1015 (DN 5733, Aug. 17. 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 940-44 (D.D.C. 2006), aff’d in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert. denied, 561 U.S._, 130 S. Ct. 3 501 (2010), are MODIFIED as set forth below.
. . .

II. Monetary Terms

A. Philip Morris USA Inc. and Altria Group, Inc. (collectively, hereafter “PM”) and R.J. Reynolds Tobacco Company (hereafter “RJR”‘) will each deposit, on or before the dates indicated below, the amounts indicated below with the Registry of the Court:

Friday, December 30, 2011 $200,000

Wednesday, February 15, 2012 $750,000

Friday, February 15, 2013 $750,000

Friday, February 14, 2014 $750,000

Monday, February 16, 2015 $675,000

Total (PM and RJR each): $3.125 million

Total (combined): $6.25 million

B. The Registry of the Court will, upon receipt of each of these installments, disburse the funds to the University of California, San Francisco (hereafter “UCSF”).

C. PM and RJR will make these payments in lieu of their prior obligations under Order #1015 to code person mentioned, organization mentioned, and brand mentioned fields, and as part of a resolution of the scope of their coding obligations for documents posted on their public document websites as a result of production in court or administrative actions . . .

III. Monetary Conditions and Technical Meetings with UCSF

A. The funds deposited with the Registry of the Court will be used by UCSF to improve access to and functionality of the Legacy Tobacco Documents Library, e.g., through coding documents and providing enhanced search capabilities (with the understanding that the university may assess some percentage for indirect costs). UCSF will not use these funds for any other purpose.

B. As a condition for receipt of the payments provided in Paragraph A above, UCSF will file through the ECF system, by December 31 of each year (beginning in 2012) and up to and including the final year in which these funds are used, a certification confirming that these funds have been used only for the purposes described in the preceding paragraph and not for any other purpose.

C. If UCSF uses any of these funds in a manner inconsistent with Paragraph B, any such funds will be refunded to the Registry of the Court. In that event, the parties will have thirty (30) days to apply to the Court requesting that the funds either be refunded to Defendants, or used in some other manner related to document coding and/or document websites.
. . .

c. The technical requirements for documents posted to Defendants’ Internet Document Websites are as follows:

i. Posting Requirements for Hardcopy and Electronic Documents

A. For scanned hard-copy documents, Defendants will post to their websites searchable PDFs of the documents, with Optical Character Recognition (OCR) search capability, and will include OCR text in a separate text file.

B. For electronic-source documents (both email and non-email), Defendants will post to their websites searchable PDFs of the documents, with OCR search capability, and will provide the extracted electronic text in a separate text file, unless those documents are redacted, in which case OCR text will be provided.

END EXCERPT:

(more…)