DEFENDANTS’ RESPONSE TO MOTIONS TO FILE AMICUS CURIAE BRIEFS (PDF)

January 28, 2014 10:32 am by Gene Borio

The PDF is Here

EXCERPT:

Pending before the Court are three motions for leave to file amicus curiae briefs . . . Defendants have advised the Court that they are willing to discuss with the Government and Intervenors whether the parties can accommodate the concerns of the amici within the framework of the existing agreement. In these circumstances, Defendants do not object to the filing of the three amicus briefs.

END EXCERPT

FULL TEXT:

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
___________________________________
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Civil Action No. 99-CV-2496 (GK)
) Next scheduled court appearance:
and ) None scheduled
)
TOBACCO-FREE KIDS )
ACTION FUND, et al., )
)
Plaintiff-Intervenors, )
)
v. )
)
PHILIP MORRIS USA INC., et al., )
)
Defendants. )
___________________________________ )

DEFENDANTS’ RESPONSE TO MOTIONS TO FILE
AMICUS CURIAE BRIEFS

Pending before the Court are three motions for leave to file amicus curiae briefs. Two of the
motions, brought by the National Newspaper Publishers Association and the National Association
of Black Owned Broadcasters, and the National Association for the Advancement of Colored
People, seek to expand the Court’s list of newspapers in which Defendants must run corrective
statements. The third, by Fox Broadcasting Company, seeks to add the Fox network to the list of
“major television networks” in which the statements may appear.
The Court has already read the amicus briefs and discussed them with the parties.
Defendants have advised the Court that they are willing to discuss with the Government and
Intervenors whether the parties can accommodate the concerns of the amici within the framework
of the existing agreement. In these circumstances, Defendants do not object to the filing of the
three amicus briefs.
Case 1:99-cv-02496-GK Document 6031 Filed 01/27/14 Page 1 of 4

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Defendants do, however, reiterate what they said in their January 21, 2014 filing. The
agreement was the product of many months of negotiation and should be viewed as an integrated
whole. Each term was bartered in exchange for other terms, and no one term can be changed
without the agreement itself unraveling.
Dated: January 27, 2014 Respectfully submitted,
/s/ Matthew Campbell
Matthew Campbell
(D.C. Bar No. 472293)
WINSTON & STRAWN LLP
1700 K Street, N.W.
Washington, D.C. 20006-3817
Tel: (202) 282-5000
Fax: (202) 282-5100
Anand Agneshwar
ARNOLD & PORTER LLP
399 Park AvenueNew York, NY 10022-4690
Telephone: (212) 715-1107
Fax: (212) 715-1399
Miguel A. Estrada (D.C. Bar No. 456289)
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036-5306
Telephone: (202) 955-8257
Fax: (202) 530-9016
Beth A. Wilkinson (D.C. Bar No. 462561)
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, N.W.
Washington, D.C. 20006-1047
Telephone: (202) 223-7300
Fax: (202) 223-7420
Case 1:99-cv-02496-GK Document 6031 Filed 01/27/14 Page 2 of 4

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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.
Washington, D.C. 20001-2113
Telephone: (202) 879-3939
Fax: (202) 626-1700
Geoffrey K. Beach
R. Michael Leonard
WOMBLE CARLYLE SANDRIDGE & RICE,
PLLC
One West Fourth Street
Winston-Salem, NC 27101
Telephone: (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/ Michael B. Minton
Michael B. Minton
Elizabeth Blackwell
THOMPSON COBURN LLP
One US Bank Plaza, Suite 3500
St. Louis, Missouri 63101-1693
Telephone: (314) 552-6000
Fax: (314) 552-7597
Attorneys for Defendant
Lorillard Tobacco Company
Case 1:99-cv-02496-GK Document 6031 Filed 01/27/14 Page 3 of 4

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on January 27, 2014, I filed a copy of the foregoing Response to
Motions to File Amicus Curiae Briefs with the Court, which will electronically serve all counsel of
record who have entered an appearance in this case.
Dated: January 27, 2014 /s/ Matthew Campbell
Matthew Campbell
(D.C. Bar No. 472293)
WINSTON & STRAWN LLP
1700 K Street, N.W.
Washington, D.C. 20006-3817
Tel: (202) 282-5000
Fax: (202) 282-5100
Attorney for Defendants
Altria Group, Inc. and Philip Morris USA
Inc.
Case 1:99-cv-02496-GK Document 6031 Filed 01/27/14 Page 4 of 4

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