Kessler Orders Tobacco to Clean Up MN Documents and File Privilege Log for Those Removed

April 9, 2012 5:32 pm by Gene Borio

The PDF is Here

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

PHILIP MORRIS USA INC., et al.,

Defendants.

Civil Action No. 99-2496 (GK)

ORDER #30-Remand

On December 29, 2011, in Order 29-Remand [Dkt. No. 5962], the Court ordered a temporary halt to all removals of documents available to the public at the Minnesota Depository. Since that time, with the assistance of Depository staff, the Court has continued to review the operation of the Depository. The Court now concludes that certain changes to both verification and correction procedures and removal and reclassification procedures will prevent potential harm to the public due to inaccurate document information or improper removal of documents from the publicly available collection.

WHEREFORE, it is this 4th day of April, 2012, hereby

ORDERED, that Defendants shall correct, by November 1, 2012, on a box-by-box basis, all errors, including but not limited to index discrepancies, missing documents, and 4b database errors, identified by the Depository staff and submitted to the Defendants prior to the date of this Order; and it is further

ORDERED, that Defendants shall correct any future errors identified by the Depository staff within 30 days of receipt of notification of the error; and it is further

Case 1:99-cv-02496-GK Document 5970 Filed 04/04/12 Page 2 of 2

ORDERED, that Defendants shall file with the Court, by June 11, 2012, a Privilege Log listing each document that was at one time submitted to be part of the publicly available population but which has subsequently been removed by Defendants as privileged or for any other reason. The Privilege Log shall identify the document number, author, recipients, document date, document type, the reason for the removal, and whether proper removal procedures were followed as ordered in Judge Lawrence Cohenís January 12, 1999 Order. Upon receiving this Privilege Log, the Court will consider how best to proceed.

/s/

Gladys Kessler

United States District Judge

Copies via ECF to all counsel of record

1 Defendants are free to return any removed documents to the 4b database and public population.

-2

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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!