6164: Order #59 Remand 8/20/15

August 21, 2015 1:48 pm by Gene Borio

The PDF is Here

EXCERPT:

The Court of Appeals ruled that the phrase “deliberately deceived the American public” adopted by this Court in its Opinion, exceeded its authority under RICO to craft remedies “that prevent and restrain” future violations. 18U.S.C. § 1964(a). On June 30, 2015, in an effort to move matters forward as quickly as possible, the Court held a Status Conference and the Parties offered their thoughts and suggestions on the matter.

Based on those discussions, it is this 20th day of August, 2015, hereby

ORDERED, that Judge Richard Levie remain as Special Master and shall Mediate among the Parties; and it is further

ORDERED, that, at a minimum, the Parties shall craft an agreement for replacement language of the phrase singled out by the Court of Appeals, that the Parties shall address any and all concerns about changes in the layout because of shorter introductory language, and any other issues that both Parties wish to resolve; and it is further

ORDERED, that the Parties conclude the Mediation no later than October 1, 2015, and appear in Court for a Status Conference on October 1, 2015, at 10:15 a.m.

END EXCERPT

FULL TEXT:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

PHILLIP MORRIS USA, et al.,

Defendants.

Civil Action No. 99-2496 (GK)

ORDER #59-Remand

On May 22, 2015, the Court of Appeals issued its decision affirming in part, reversing, in part, and remanding this case for further proceedings regarding Defendants’ appeal of this Court’s earlier Opinion [Dkt.No. 5992] deciding the appropriate wording for the corrective action statements that were ordered in its original Order #1015 [Dkt. No. 5733]. The Court of Appeals then issued its Mandate on August 17, 2015, and, therefore, its remand is now before this Court.

The Court of Appeals ruled that the phrase “deliberately deceived the American public” adopted by this Court in its Opinion, exceeded its authority under RICO to craft remedies “that prevent and restrain” future violations. 18U.S.C. § 1964(a). On June 30, 2015, in an effort to move matters forward as quickly as possible, the Court held a Status Conference and the Parties offered their thoughts and suggestions on the matter.

Based on those discussions, it is this 20th day of August, 2015, hereby

ORDERED, that Judge Richard Levie remain as Special Master and shall Mediate among the Parties; and it is further

ORDERED, that, at a minimum, the Parties shall craft an agreement for replacement language of the phrase singled out by the Court of Appeals, that the Parties shall address any and all concerns about changes in the layout because of shorter introductory language, and any other issues that both Parties wish to resolve; and it is further

ORDERED, that the Parties conclude the Mediation no later than October 1, 2015, and appear in Court for a Status Conference on October 1, 2015, at 10:15 a.m.

Gladys Kessler
United States District Judge

Copies via ECF to all counsel of record

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