DOJ discovered almost 2 months ago that there was a discrepancy between Judge Kessler’s Order #1015 (Final Judgement and Remedial Order) and her much lengthier Final Opinion. Judge Kessler had ruled that Defendants had to maintain their online document websites for fifteen years. However, her Order #1015 specified the date as 2016, ie, only ten years. For example:
Defendants Philip Morris, R.J. Reynolds, Lorillard, and Brown & Williamson, shall maintain Internet Document Websites until September 1, 2016 at their expense.
Judge Kessler’s new order #1021, filed September 22, 2006, affirms the 15 year period and amends the relevant sections of Order #1015 to reflect the terminal date as September 1, 2021.
Text follows of:
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
TOBACCO-FREE KIDS ACTION FUND,
AMERICAN CANCER SOCIETY,
AMERICAN HEART ASSOCIATION,
AMERICAN LUNG ASSOCIATION,
AMERICANS FOR NONSMOKERS’ RIGHTS, and NATIONAL AFRICAN AMERICAN
TOBACCO PREVENTION NETWORK,
PHILIP MORRIS USA, INC.,
(f/k/a Philip Morris, Inc.), et al.,
Civil Action No. 99-2496 (GK)
The United States has filed a Motion to Amend the Court’s Final Order, #1015, entered August 17, 2006. Upon consideration of the Motion, the Opposition, the Reply, and the entire record herein, the Motion is granted for the following reasons.
The Defendants (Philip Morris USA, Altria, R.J. Reynolds, Brown & Williamson, Lorillard, and BATCo) agree with the Government that there is an inconsistency between the Court’s Opinion accompanying Order #1015 and the Final Order itself. The Court ruled that it would require Defendants to disclose various documents on publicly accessible websites and at document
depositories for a period of 15 years; however, the Final Order extends that period until 2016, rather than 2021.
In their Opposition, Defendants essentially ask the Court to reconsider its initial ruling extending the disclosure requirement for 15 years. The Court has no reason to reconsider that determination.
WHEREFORE, it is this 20th day of September, 2006, hereby
ORDERED that the United States Motion is granted; and it is further
ORDERED that the following paragraphs in Order #1015 - Final Judgment and Remedial Order, dated August 17, 2006, are amended as follows:
8. Defendants Philip Morris, R.J. Reynolds, Lorillard, and Brown & Williamson, shall maintain Internet Document Websites until September 1, 2021 at their expense. These Defendants shall maintain on their Internet Websites the documents and bibliographic information that currently appear on their respective Internet Document Websites as well as the additional documents and bibliographic information described below. These Defendants shall provide links to their Internet Document Websites from any and all publicly-accessible company websites and shall display such links prominently and in a manner easily accessible to visitors.
9. Defendant BATCo shall create and maintain by January 1, 2007, an Internet Document Website until September 1, 2021, at its expense. The BATCo Internet Document Website shall be created and publicly accessible no later than 120 days from the date of this Final Judgment and Remedial Order. BATCo shall provide links to its Internet Document Website from any and all publicly-accessible company websites and shall display such links prominently and in a manner easily accessible to visitors.
11d. Each Defendant shall continue to fund and produce documents to the Minnesota Depository until September 1, 2021.
12. BATCo shall continue to maintain its obligations as to documents available in the Guildford Depository until September 1, 2021. BATCo shall ensure access to the Guildford Depository for six organizations and 12 visitors per day.
United States District Judge