Filings Schedule Set: Last Leaves to Fall in October

June 23, 2005 10:44 am by Gene Borio

Below is the Deadline Timeline as it stands now, as of order 964a plus a minor change made in court June 21. Note that the last-last-last filing deadline brings us into October. Check for updates at: my.calendars.net/dojcal/

  • June 27: Deadline for the DOJ to file “a detailed proposed Remedies Order.” (This was changed Tuesday in court from June 25, a Sat. to June 27, a Monday.)
  • Aug 8: Deadline for both sides to file their “simultaneous posttrial proposed findings of fact,” not to exceed 2500 pp.
  • Aug. 24: Deadline for DOJ to file its opening brief, each not to exceed 250 pp.
  • Sept. 7: Deadline for Joint Defendants to file their “combined Opposition to the Government’s opening brief, not to exceed 250 pages, and their opening brief on affirmative defenses, not to exceed 50 pages.”
  • Sept. 19: Deadline for DOJ to file its “combined Reply brief, not to exceed 100 pages, and its Opposition to Joint Defendants’ brief on affirmative defenses not to exceed 50 pages.”
  • Sept. 29: Deadline for Joint Defendants to file their “Reply brief on affirmative defenses, not to exceed 20 pages.”
  • ALSO on Sept. 29: Deadline for DOJ to file, in regards to each Prior Written Testimony, a one-page Praecipe which will state the significant areas covered, plus “prioritize the Evidentiary significance of the matters contained in the submission.”
  • Oct. 9: Deadline for Joint Defendants to file, in regards to each Prior Written Testimony, a one-page Praecipe which will state the significant areas covered, plus “prioritize the Evidentiary significance of the matters contained in the submission.”

    Text of Judge Kessler’s June 10 Order # 964a, setting out final filings schedule 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 #964-A

    Upon consideration of the in-Court discussion with the parties on June 9, 2005, it is hereby ORDERED:

    1. The requirement in paragraph 1 of Order #964 for use of hyperlinks in post-trial submissions is stayed until the parties obtain further information and discuss the matter with the Court.

    2. Paragraphs 2, 3, and 4 of Order #964 are amended to read as follows:


    2. The parties shall file simultaneous posttrial proposed findings of fact on August 8, 2005, not to exceed 2,500 pages per side.

    3. The parties shall file sequential posttrial briefs on the following schedule.

    On August 24, 2005, the Government shall file its opening brief, not to exceed 250 pages. On September 7, 2005, the Joint Defendants shall file their combined Opposition to the Government’s opening brief, not to exceed 250 pages, and their opening brief on affirmative defenses, not to exceed 50 pages. On September 19,

    **———————————————————

    -2-


    2005, the Government shall file its combined Reply brief, not to exceed 100 pages, and its Opposition to Joint Defendants’ brief on affirmative defenses not to exceed 50 pages. On September 29, 2005, the Joint Defendants shall file their Reply brief on affirmative defenses, not to exceed 20 pages.

    4. As to the prior written testimonies, the parties are to take the following steps in order to assist the Court in reviewing the massive amount of testimony which has been submitted. As to each submission, the Government is to submit no later than September 29, 2005, and the Joint Defendants no later than October 9, a one-page Praecipe stating the significant areas covered, i.e., smoking and health, second hand smoke, suppression/ destruction of documents, remedies, independent research by CTR and TRC, light cigarettes, development of safer cigarettes, existence of an agreement to violate RICO, etc. In the one page Praecipe, parties are to prioritize the evidentiary significance of the matters contained in the submission, i.e., Priority I (highest priority), II (medium priority) or III (lowest priority).

    3. The Government shall, no later than June 25, 2005, file a detailed proposed Remedies Order.

    SO ORDERED this 10th day of June, 2005.

    /s/

    Gladys Kessler

    United States District Judge

    Copies via ECF to all counsel of record

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