ORDER #946: Kessler Closes Defense’s Liability Case

May 10, 2005 7:27 am by Gene Borio

On May 9, 2005, Judge Kessler filed order #946, granting DOJ’s request for the Defense to formally close its liability case.

Defendants had wanted the ability to call another witness to bring in needed evidence should pending rulings on that evidence go against them.

Judge Kessler allowed Defense that wiggle-room, writing,

[a]s of May 2, 2005, prior to the testimony of any remedies witness, Defendants are deemed to have rested with respect to all liability issues, except for resolution by the Court of evidence-related motions and issues that are already pending in formal filings or have been identified to the Government.

[emphasis in the original]

Since this exception was a major part of Defense’s argument, DOJ may not be thrilled with how Judge Kessler granted its request.

Text of Order #946, closing Defendants’ case (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 #946

Upon consideration of the United States’ Motion to Compel Defendants to Formally Close Their Evidence on Liability Issues Prior to Testimony of Remedies Witnesses and Defendants’ Opposition thereto, it is this 9th day of May, 2005, hereby

ORDERED that the United States’ Motion is granted; and it is
further

ORDERED that as of May 2, 2005, prior to the testimony of any remedies witness, Defendants are deemed to have rested with respect to all liability issues, except for resolution by the Court of evidence-related motions and issues that are already pending in formal filings or have been identified to the Government.

/s/

Gladys Kessler

United States District Judge

Copies via ECF to all
counsel of record

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