Tobacco Stipulates it Has not Duplicated the Functions of CTR or TI.

March 7, 2011 2:09 pm by Gene Borio

The PDF of the 3/4/11 “Joint STIPULATION concerning the Council for Tobacco Research, Inc. and the Tobacco Institute” is HERE

EXCERPT:

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that the following statement shall be entered into the record relating to that portion the Court’s Order #1015 permanently enjoining “Defendants, Covered Persons and Entities . . . from participating in any way, directly or indirectly, in the management and/or control of any of the affairs” of the Council for Tobacco Research, Inc. (“CTR”) and the Tobacco Institute (“TI”), which will be referred to as the “Management Injunction”:

• CTR: On October 21, 1998, the Supreme Court of the State of New York, County of New York, approved the Plan of Corporate Dissolution and Distribution of Assets of the Council for Tobacco Research – U.S.A., Inc. (the “Plan”). Pursuant to that Plan, CTR’s activities have been limited to non-operational functions such as retention of documents, maintenance of document websites, and litigation defense, in coordination with and subject to the direction of employees of those Defendants who previously constituted CTR’s members. The Department of Justice and the Defendants agree that non-operational functions, including litigation defense, may continue with the assistance of and in coordination with those Defendants who previously constituted CTR’s members, and should not be considered to violate the Court’s Management Injunction.

• TI: On September 1, 2000, the Supreme Court of the State of New York, County of New York, approved the Plan of Dissolution and the Certificate of Dissolution of the Tobacco Institute, Inc. Pursuant to that Plan, TI’s activities have been limited to non-operational functions such as retention of documents, maintenance of document websites, and litigation defense, in coordination with and subject to the direction of employees of those Defendants who previously constituted TI’s members. The Department of Justice and the Defendants agree that nonoperational functions, including litigation defense, may continue with the assistance of and in coordination with those Defendants who previously constituted TI’s members, and should not be considered to violate the Court’s Management Injunction.

The foregoing agreement does not involve any change in the status of CTR and TI since this Court’s entry of Order #1015. Defendants represent that each of these entities remains dissolved and has not been reconstituted or revived in any respect. Defendants also represent that they have not created or participated in any trade association or research organization that succeeds to the functions previously performed by these entities.

FULL TEXT:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________

UNITED STATES OF AMERICA,

Plaintiff,

Civil Action No. 99-2496 (GK)

v.

PHILIP MORRIS USA INC., et al.,

Defendants.

_________________________________________

JOINT STIPULATION

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that the following statement shall be entered into the record relating to that portion the Court’s Order #1015 permanently enjoining “Defendants, Covered Persons and Entities . . . from participating in any way, directly or indirectly, in the management and/or control of any of the affairs” of the Council for Tobacco Research, Inc. (“CTR”) and the Tobacco Institute (“TI”), which will be referred to as the “Management Injunction”:

• CTR: On October 21, 1998, the Supreme Court of the State of New York, County of New York, approved the Plan of Corporate Dissolution and Distribution of Assets of the Council for Tobacco Research – U.S.A., Inc. (the “Plan”). Pursuant to that Plan, CTR’s activities have been limited to non-operational functions such as retention of documents, maintenance of document websites, and litigation defense, in coordination with and subject to the direction of employees of those Defendants who previously constituted CTR’s members. The Department of Justice and the Defendants agree that non-operational functions, including litigation defense, may continue with the assistance of and in coordination with those Defendants who previously constituted CTR’s members, and should not be considered to violate the Court’s Management Injunction.

• TI: On September 1, 2000, the Supreme Court of the State of New York, County of New York, approved the Plan of Dissolution and the Certificate of Dissolution of the Tobacco Institute, Inc. Pursuant to that Plan, TI’s activities have been limited to non-operational functions such as retention of documents, maintenance of document websites, and litigation defense, in coordination with and subject to the direction of employees of those Defendants who previously constituted TI’s members. The Department of Justice and the Defendants agree that nonoperational functions, including litigation defense, may continue with the

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assistance of and in coordination with those Defendants who previously constituted TI’s members, and should not be considered to violate the Court’s Management Injunction.

The foregoing agreement does not involve any change in the status of CTR and TI since this Court’s entry of Order #1015. Defendants represent that each of these entities remains dissolved and has not been reconstituted or revived in any respect. Defendants also represent that they have not created or participated in any trade association or research organization that succeeds to the functions previously performed by these entities.

Respectfully submitted,

TONY WEST

Assistant Attorney General

/s/ Ann Ravel

ANN RAVEL

Deputy Assistant Attorney General

Civil Division

United States Department of Justice

950 Pennsylvania Ave. NW, Room 3129

Washington, DC 20530

Telephone: 202-514-3045

Facsimile: 202-514-8071

E-mail address: Ann.Ravel@usdoj.gov

EUGENE M. THIROLF, Director

Office of Consumer Litigation

/s/ Daniel K. Crane-Hirsch

DANIEL K. CRANE-HIRSCH

JAMES T. NELSON

Office of Consumer Litigation, Civil

Division

United States Department of Justice

PO Box 386

Washington, DC 20004-0386

Telephone: 202-616-8242 (Crane-Hirsch)

202-616-2376 (Nelson)

Facsimile: 202-514-8742

E-mail address: daniel.cranehirsch@

usdoj.gov

james.nelson2@usdoj.gov

Attorneys for Plaintiff United States of America

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/s/ Beth A. Wilkinson

Beth A. Wilkinson (D.C. Bar No. 462561

PAUL, WEISS, RIFKIND, WHARTON &

GARRISON LLP

2001 K Street, N.W.

Washington, DC 20006-1047

Telephone: (202) 223-7300

Fax: (202) 223-7420

/s/ Miguel A. Estrada

Miguel A. Estrada (D.C. Bar No. 456289)

GIBSON, DUNN & CRUTCHER LLP

1050 Connecticut Avenue, N.W.

Washington, DC 20036-5306

Telephone: (202) 955-8257

Fax: (202) 530-9016

/s/ Thomas J. Frederick

Thomas J. Frederick

WINSTON & STRAWN LLP

35 West Wacker Drive

Chicago, Illinois 60601-9703

Telephone: (312) 558-6700

Fax: (202) 558-5700

Attorneys for Defendants Altria Group Inc.

and Philip Morris USA Inc.

/s/ Michael B. Minton

Michael B. Minton

A. Elizabeth Blackwell

THOMPSON COBURN LLP

One US Bank Plaza, Suite 3500

St. Louis, Missouri 63101-1693

Telephone: (314) 552-6000

Facsimile: (314) 552-7597

Attorneys for Defendant

Lorillard Tobacco Company

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/s/ Robert F. McDermott

Robert F. McDermott (D.C. Bar No.

261164)

Peter J. Biersteker (D.C. Bar No. 358108)

Noel J. Francisco (D.C. Bar No. 464752)

Geoffrey K. Beach (D.C. Bar No. 439763)

JONES DAY

51 Louisiana Avenue, N. W.

Washington, D.C. 20001-2113

Telephone: (202) 879-3939

Fax: (202) 626-1700

R. Michael Leonard

WOMBLE CARLYLE SANDRIDGE &

RICE, PLLC

One West Fourth Street

Winston-Salem, NC 27101

Tel: (336) 721-3721

Fax: (336) 733-8389

Attorneys for Defendant R.J. Reynolds

Tobacco Company, individually and as

successor by merger to Brown & Williamson

Tobacco Corporation

/s/ David L. Wallace

David L. Wallace

CHADBOURNE & PARKE LLP

30 Rockefeller Plaza

New York, NY 10112

Telephone: (212) 408-5100

Facsimile: (212) 541-5369

Alan E. Untereiner (D.C. Bar No. 428053)

ROBBINS, RUSSELL, ENGLERT,

ORSECK, UNTEREINER & SAUBER LLP

1801 K Street, N.W., Suite 411L

Washington, D.C. 20006

Telephone: (202) 775-4500

Facsimile: (202) 775-4510

Attorneys for Defendant

British American Tobacco (Investments)

Limited

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/s/ Howard M. Crystal

Howard M. Crystal (D.C. Bar No. 446189)

MEYER GLITZENSTEIN & CRYSTAL

1601 Connecticut Avenue, Suite 700

Washington, DC 20009

202-588-5206

hcrystal@meyerglitz.com

Attorney for the Public-Health Intervenors

It is so ordered: _____________________

U.S. District Judge

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