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February 25, 2005 5:33 pm by Gene Borio

Judge Kessler has declared a two-day recess Monday, Feb. 28 and Tuesday, March 1, to allow her to consider the parties’ briefs on “the scope and meaning of the Court of Appeals’ decision regarding non-disgorgement remedies in civil RICO cases and the Government’s current request for postponement of its evidence on remedies.”

Court will resume Wednesday, March 2, with either two of the DOJ’s witnesses, or the two witnesses who will begin the Defense’s case-in-chief.

Text of Order #875 follows:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

PHILIP MORRIS USA INC.,

f/k/a PHILIP MORRIS INC., et al.,

Defendants.

Civil Action No. v. : 99-2496 (GK)

ORDER #875

This Order reflects consideration and resolution of issues raised at the conference, held in Chambers on February 9, 2005.

1. On February 4, 2005, the Court of Appeals issued its decision pertaining to disgorgement and other remedies in civil RICO case brought by the Government. In light of that opinion, the Court and the parties must give renewed consideration to the remedies portion of the ongoing trial. Therefore, it is hereby

ORDERED that the Government shall submit a brief of no more than fifteen (15) pages by 5:00 p.m., February 16, 2005, addressing (1) the scope and meaning of the Court of Appeals’ decision regarding non-disgorgement remedies in civil RICO cases and (2) the Government’s current request for postponement of its evidence on remedies. The Defendants shall submit their Opposition, of no more than fifteen (15) pages, by 5:00 p.m., February 22, 2005. The

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Government shall submit its Reply, of no more than five (5) pages, by 5:00 p.m., February 25, 2005.

2. In order to allow the Court sufficient time to consider the issues raised by the briefs, it is further

ORDERED that trial will be in recess February 28, 2005 and March 1, 2005.

3. In order for all parties to be prepared to proceed with trial, regardless of the Court’s ruling on the issues referred to, it is hereby

ORDERED that the Government shall file the written direct testimony of at least any two of its non-disgorgement remedies witnesses and Defendants shall file the written direct testimony of at least any two of its liability witnesses by 5:00 p.m., February 22, 2005; it is further

ORDERED that Interim Summations will be presented by the parties on February 24, 2005 Each side will be given 90 minutes to present their arguments.

February 10, 2005 /s/

Gladys Kessler

United States District Judge

Copies via ECF on all counsel of record

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