SCHWAB: Weinstein sets agenda for Sept. 13 hearing; will hear arguments on class certification, statute of limitations and collateral estoppel.

September 9, 2006 5:01 pm by Gene Borio

Text follows of:

ORDER outlining the proposed agenda for the 9/13/2006, September 5, 2006

**———————————————————

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

BARBARA SCHWAB et al., individually and on behalf of all others similarly situated,

Plaintiffs,

V.

PHILIP MORRIS USA, INC. et al.,

Defendants.

No. 04-CV-1945 (JBW)

ORDER

JACK B. WEINSTEIN, Senior United States District Judge:

As previously agreed by all parties, argument will be heard in this putative RICO tobacco class action on September 13, 2006 at 10 a.m. The proposed agenda is:

1. Motion for class certification;

2. Affirmative defense of statute of limitations; and

3. Collateral estoppel effect of the recent decision in United States v. Philip Morris USA Inc., et al., — F. Supp. 2d –, 2006 WL 2380622 (D.D.C. Aug. 17, 2006).

By agreement, all other matters will be decided on the submissions, though they may be discussed during argument on the scheduled motions.

SO ORDERED.

Jack B. Weinstein

Senior United States District Judge

Dated: September 5, 2006

Brooklyn, New York

Leave a Reply

The primary purpose of this site is to provide information in a timely manner. Postings should be informative. The usual rules apply: No libel, no profanity, no personal abuse, keep it on topic, and short.

If you are scheduled as a court witness, CHECK with your lawyer before posting anything here!