6159 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. (Entered: 07/24/2015)July 24, 2015 4:17 pm by Gene Borio
The PDF (794pp) is Here
[WARNING: This document contains
1. the entire USA v. Philip Morris et. al. (Case #99-2496) DOCKET from 1999 on, including all parties involved. (786 pp)
2. RJR’s 7/23/15 Notice of Appeal (previously posted Here)
3. Judge Kessler’s 5/28/15 ORDER #55-Remand (previously posted Here)
ie, nothing new.]
Defendant R.J. Reynolds Tobacco Company (”RJR”) has filed a Motion for Relief From Certain Provisions of Order #1015 Pursuant to Fed. R. Civ. P. 60(b)(4) or, in the Alternative, 60(b)(6). . . .
There can be no question that this Court had jurisdiction when it issued its 2006 Remedial Order. Therefore, the corrective action statements included in that Order are not void. Finally, since the statements are not void under Rule 60(b )( 4) and the Court has already ruled that Defendants have waived their arguments under their alternative ground for relief, Rule 60(b )( 6), the Defendants have no other avenue for reconsideration — at this late date — of overturning the Court’s injunction ordering B&W Tobacco to air one television spot per week of the corrective action statements. In short, RJR’s attempt to turn its merits argument into a jurisdictional argument so that it can succeed under Rule 60(b)(4) fails, and its Motion shall be denied.
May 28, 2015
United States District Judge