Tobacco On Trial

Updated Apr 4, 2005, 12:05 PM to indicate Levie’s work to continue as negotiator/mediator.

DOJ sources say that Richard A. Levie has been released from his Special Master duties (regarding discovery issues since 2000) so that there will be no conflicts with his continuing work as a negotiator between the parties on remedies witnesses issues. In fact, Judge Kessler mentioned Monday morning that there had already been one round of discussions.

Previous item follows:

Apr 3, 2005, 6:12 PM Friday, Judge Kessler filed Order #909, a cryptic note saying only that Special Master Richard A. Levie “has served with distinction and dedication. His work is now concluded.”

Defense and DOJ had been trying to meet with the experienced legal negotiator and retired judge of the Superior Court of the District of Columbia, who had handled years of document discovery work for Judge Kessler.

There is no indication if his exit is at his own request, or another party’s. Nor is there any indication of what this means for the strained relations over the prickly issues raised by the new remedies witnesses.

* For an insight into the work of Special Masters, and Mr. Levie in this case in particular, see: Special Masters in the Federal Courts

Below is the text of Order 909 on SM Levie (PDF)

**———————————————————

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 #909

Special Master Richard A. Levie has served as Special Master in this case since December 22, 2000. He has served with distinction and dedication. His work is now concluded. Therefore, it is hereby

ORDERED that as of this date, his appointment as a Special Master pursuant to Fed. R. Civ. P. 53 is concluded and the Order of Reference is ended.

April 1, 2005 /s/

Gladys Kessler

United States District Judge

Copies via ECF to all counsel of record

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