6142 - UNOPPOSED MOTION FOR AN ORDER AUTHORIZING TRANSFER OF CERTAIN CIGARETTE BRANDS AND BUSINESSES TO ITG BRANDS, LLC 4/30/15

May 11, 2015 1:19 pm by Gene Borio

The PDF is Here

EXCERPT:

Three affiliated entities engaged in U.S. cigarette operations, ITG Brands, LLC (“ITG Brands”), Commonwealth Brands, Inc. (“Commonwealth”), and Commonwealth-Altadis, Inc. (“Commonwealth-Altadis”) (collectively the “(Proposed) Post-Judgment Parties Regarding Remedies”), respectfully ask this Court to make them parties to this litigation for the sole and limited purpose of submitting to this Court’s jurisdiction and becoming subject to certain provisions of Order #1015, as supplemented and modified by later orders (collectively “Order #1015”), to allow the orderly transfer of certain cigarette brands, brand names, cigarette product formulas, and cigarette businesses.

END EXCERPT

FULL TEXT:

Case 1:99-cv-02496-GK Document 6142 Filed 04/30/15 Page 1 of 4

IN THE 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,

and

ITG BRANDS, LLC,
COMMONWEALTH BRANDS, INC.,
AND COMMONWEALTH-ALTADIS,
INC.

(Proposed) Post-Judgment Parties Regarding Remedies.

Civil Action No.: 99-2496 (GK)

Next scheduled court date: None

UNOPPOSED MOTION FOR AN ORDER AUTHORIZING TRANSFER OF CERTAIN CIGARETTE BRANDS AND BUSINESSES TO ITG BRANDS, LLC, PURSUANT TO ORDER #1015, PARAGRAPH 20

Three affiliated entities engaged in U.S. cigarette operations, ITG Brands, LLC (“ITG Brands”), Commonwealth Brands, Inc. (“Commonwealth”), and Commonwealth-Altadis, Inc. (“Commonwealth-Altadis”) (collectively the “(Proposed) Post-Judgment Parties Regarding Remedies”), respectfully ask this Court to make them parties to this litigation for the sole and limited purpose of submitting to this Court’s jurisdiction and becoming subject to certain provisions of Order #1015, as supplemented and modified by later orders (collectively “Order

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Case 1:99-cv-02496-GK Document 6142 Filed 04/30/15 Page 2 of 4

#1015”), to allow the orderly transfer of certain cigarette brands, brand names, cigarette product formulas, and cigarette businesses. In addition, pursuant to Paragraph 20 of Order #1015, defendants R.J. Reynolds Tobacco Company and Lorillard Tobacco Company, along with the (proposed) Post-Judgment Parties Regarding Remedies, respectfully ask this Court to enter the attached (proposed) Unopposed Order Authorizing Transfer of Certain Cigarette Brands and Businesses to ITG Brands, LLC, Pursuant to Order #1015, Paragraph 20 (“the Proposed Order”). The Proposed Order would subject the (Proposed) Post-Judgment Parties Regarding Remedies to certain terms of Order #1015. As set out fully in the Statement of Points and Authorities and the Affidavit of Rob Wilkey, General Counsel and Secretary for ITG Brands, dated April 29, 2015, submitted along with this motion, ITG Brands will assume obligations under Order #1015, as required by Paragraph 20 of that Order, and has the capacity to comply with those obligations.

The moving parties have met and conferred with plaintiffs, the United States and Intervenors, regarding this motion. Plaintiffs have authorized the moving parties to state that plaintiffs do not oppose the motion or the relief requested. The moving parties are also authorized to state that defendants Altria Group Inc. and Philip Morris U.S.A., Inc. do not oppose the motion or the relief requested.

Finally, the moving parties respectfully request expedited consideration of this motion and related pleadings. The moving parties are not requesting a hearing. If the Court feels that a hearing is necessary, all parties have authorized the moving parties to represent that they will make themselves available at the Court’s earliest possible convenience. Plaintiffs and defendants Altria Group Inc. and Philip Morris U.S.A., Inc. have authorized the moving parties to inform the Court that they do not oppose this request for expedition.

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Case 1:99-cv-02496-GK Document 6142 Filed 04/30/15 Page 3 of 4

Dated: April 30, 2015

Respectfully submitted,

s/ Noel J. Francisco
Noel J. Francisco (D.C. Bar No. 464752)
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
WOMBLE CARLYLE SANDRIDGE & RICE,
PLLC
One West Fourth Street
Winston-Salem, NC 27101
Telephone: (336) 721-3600
Facsimile: (336) 733-8389

Attorneys for Defendant R.J. Reynolds Tobacco
Company

Michael B. Minton

A. Elizabeth Blackwell
THOMPSON COBURN LLP
One U.S. Bank Plaza, Suite 3500
St. Louis, MO 63101-1693
Telephone: (314) 552-6000
Facsimile: (314) 552-7597
Attorneys For Defendant Lorillard Tobacco
Company

s/ Robert J. Brookhiser, Jr.

Robert J. Brookhiser, Jr. (D.C. Bar No. 202168)
Elizabeth B. McCallum (D.C. Bar No. 451361)
BAKER & HOSTETLER LLP
Washington Square, Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304
Telephone: 202-861-1500
Facsimile: 202-861-1783

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Case 1:99-cv-02496-GK Document 6142 Filed 04/30/15 Page 4 of 4

Attorneys for (Proposed) Post-Judgment Parties
Regarding Remedies ITG Brands, LLC,
Commonwealth Brands, Inc. and
Commonwealth-Altadis, Inc.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 30th day of April, 2015, a true and correct copy of the
foregoing was served by operation of the electronic filing system of the United States Court for
the District of Columbia upon all counsel who have consented to receive notice of filings in the
matter styled U.S. v. Philip Morris USA, Inc, et al., Case No. 99-2496 (GK).

s/ Noel J. Francisco
Noel J. Francisco (D.C. Bar No. 464752)
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) 626-170

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