JOINT MOTION FOR CONSENT ORDER on Secret Document Maintenance

December 14, 2011 1:09 am by Gene Borio

The PDF is HERE

EXCERPT

By Orders dated February 25, 2011 (DN 5878) and March 24, 2011 (DN 5895), this Court referred to mediation several matters related to Defendants’ document disclosure obligations under Order #1015 (DN 5733, Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 940-44 (D.D.C. 2006), aff’d in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert. denied, 561 U.S. ___, 130 S. Ct. 3501 (2010). Philip Morris USA Inc., Altria Group, Inc., and R.J. Reynolds Tobacco Company (in its own capacity and as successor in interest to Brown & Williamson, Inc., and American Tobacco, Inc.) (hereafter “Defendants”) and the United States and the Public Health Intervenors (hereafter “Plaintiffs”) have successfully concluded that mediation. Subject to the Court’s approval, the attached (proposed) Consent Order resolves the issues referred for mediation, including the scope of these

Case 1:99-cv-02496-GK Document 5951 Filed 12/13/11 Page 2 of 4

Defendants’ coding obligations for documents posted on their public websites maintained by them as a result of production in smoking and health litigation both prior to November 1, 2011, and on or after that date.

WHEREFORE, Plaintiffs and the specified Defendants respectfully ask the Court to enter the attached (proposed) Consent Order.

END EXCERPT

FULL TEXT:

Case 1:99-cv-02496-GK Document 5951 Filed 12/13/11 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

and

TOBACCO-FREE KIDS ACTION FUND,et al.

Plaintiff-Intervenors

v.

PHILIP MORRIS USA INC., et al.,

Defendants.

Civil Action No. 99-CV-2496 (GK)

Next scheduled court appearance: NONE

____________________________________)

JOINT MOTION FOR CONSENT ORDER BETWEEN THE UNITED STATES, THE PUBLIC HEALTH INTERVENORS, PHILIP MORRIS USA INC., ALTRIA GROUP, INC., AND R.J. REYNOLDS TOBACCO COMPANY CONCERNING DOCUMENT DISCLOSURE OBLIGATIONS UNDER ORDER #1015

By Orders dated February 25, 2011 (DN 5878) and March 24, 2011 (DN 5895), this Court referred to mediation several matters related to Defendants’ document disclosure obligations under Order #1015 (DN 5733, Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 940-44 (D.D.C. 2006), aff’d in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert. denied, 561 U.S. ___, 130 S. Ct. 3501 (2010). Philip Morris USA Inc., Altria Group, Inc., and R.J. Reynolds Tobacco Company (in its own capacity and as successor in interest to Brown & Williamson, Inc., and American Tobacco, Inc.) (hereafter “Defendants”) and the United States and the Public Health Intervenors (hereafter “Plaintiffs”) have successfully concluded that mediation. Subject to the Court’s approval, the attached (proposed) Consent Order resolves the issues referred for mediation, including the scope of these

Case 1:99-cv-02496-GK Document 5951 Filed 12/13/11 Page 2 of 4

Defendants’ coding obligations for documents posted on their public websites maintained by them as a result of production in smoking and health litigation both prior to November 1, 2011, and on or after that date.

WHEREFORE, Plaintiffs and the specified Defendants respectfully ask the Court to enter the attached (proposed) Consent Order.

Dated: December 13, 2011

Respectfully submitted,

TONY WEST

Assistant Attorney General

MAAME EWUSI-MENSAH FRIMPONG

Acting Deputy Assistant Attorney General

MICHAEL BLUME, Director

KENNETH JOST, Deputy Director

___/s/_____________________________

DANIEL K. CRANE-HIRSCH

JOHN W. BURKE

Trial Attorneys

Consumer Protection Branch, Civil Division

United States Department of Justice

PO Box 386

Washington, DC 20004-0386

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

202-353-2001 (Burke)

Facsimile: 202-514-8742

E-mail address:

daniel.crane-hirsch@usdoj…

josh.burke@usdoj.gov

Attorneys for Plaintiff United States of

America

/s/ Howard M. Crystal

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

MEYER GLITZENSTEIN & CRYSTAL

1601 Connecticut Avenue, Suite 700

2

Case 1:99-cv-02496-GK Document 5951 Filed 12/13/11 Page 3 of 4

Washington, DC 20009

202-588-5206

hcrystal@meyerglitz.com

Attorney for the Public-Health

Plaintiff-Intervenors

/s/

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

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

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/ Noel J. Francisco

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

Robert F. McDermott (D.C. Bar No. 261164)

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

JONES DAY

51 Louisiana Avenue, N. W.

3

Case 1:99-cv-02496-GK Document 5951 Filed 12/13/11 Page 4 of 4

Washington, D.C. 20001-2113

Telephone: (202) 879-5485

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

4

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