JOINT MOTION FOR CONSENT ORDER with LORILLARD CONCERNING DOCUMENT DISCLOSURE OBLIGATIONS UNDER ORDER #1015 (Dec. 21, 2011)

December 22, 2011 12:43 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). Lorillard Tobacco Company (hereafter “Lorillard”) 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 Lorillard’s coding obligations for documents posted on its public websites maintained 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 Defendant respectfully ask the Court to enter the attached (proposed) Consent Order.

END EXCERPT

FULL TEXT:

Case 1:99-cv-02496-GK Document 5958 Filed 12/21/11 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

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

and

TOBACCO-FREE KIDS ACTION FUND, et al.

Plaintiff-Intervenors

v.

PHILIP MORRIS USA, INC., et al.,

Defendants.

Next scheduled court appearance: NONE

____________________________________)

JOINT MOTION FOR CONSENT ORDER BETWEEN THE UNITED STATES, THE PUBLIC HEALTH INTERVENORS, AND LORILLARD 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). Lorillard Tobacco Company (hereafter “Lorillard”) 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 Lorillard’s coding obligations for documents posted on its public websites maintained as a result of production in smoking and health litigation both prior to November 1, 2011, and on or after that date.

Case 1:99-cv-02496-GK Document 5958 Filed 12/21/11 Page 2 of 3

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

Dated: December 21, 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.cranehirsch@

usdoj.gov

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

Washington, DC 20009

202-588-5206

hcrystal@meyerglitz.com

Attorney for the Public-Health Plaintiff-

Intervenors

2

Case 1:99-cv-02496-GK Document 5958 Filed 12/21/11 Page 3 of 3

Michael B. Minton

THOMPSON COBURN LLP

One U.S. Bank Plaza, Suite 3500

St. Louis, Missouri 63101-1693

Telephone: (314) 552-6000

Facsimile: (314) 552-7597

Counsel for Lorillard Tobacco Company

3

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