6170: ORDER #61-Remand: Briefing Schedule (Oct 1, 2015)

October 1, 2015 10:44 pm by Gene Borio

The PDF is Here

EXCERPT:

it is hereby

ORDERED, that the Parties shall file briefs addressing both amendments to the language of the corrective statements and the details of their implementation on the following schedule:

• No later than October 21, 2015 at 5 :00 p .m . , the Government and Plaintiff-Intervenors shall file their opening briefs;

• No later than November 11, 2015 at 5 :00 p .m . , Defendants shall file their combined opening brief and opposition;

• No later than November 18, 2015 at 5:00 p.m., the Government and Plaintiff-Intervenors shall file their combined oppositions and replies;

• No later than November 25, 2015 at 5:00 p.m. , Defendants shall file their reply.

END EXCERPT

FULL TEXT:

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.

Civil Action No. 99-2496 (GK)

ORDER # 61-Remand

On May 22, 2015, our Court of Appeals issued an Opinion reviewing corrective statements this Court had ordered Defendant tobacco companies to place on certain product packages and advertising materials. United States v. Philip Morris USA Inc., No. 13-5028, 2015 WL 5599177 (D.C. Cir. May 22, 2015). That Opinion upheld the bulk of the corrective statements’ language but struck down a portion of the preamble to be included with each corrective statement. Id.

On August 20, 2015, this Court Ordered the Parties to engage in mediation facilitated by Judge Richard Levie (who served as Special Master at an earlier point in the litigation) in order to “craft an agreement for replacement language of the phrase singled out by the Court of Appeals[ .]” Order #59-Remand [Dkt. No. 6164]. The Parties failed to reach an accord.

On October 1, 2015, the Court held a Status Conference. The Parties made suggestions as to the timeline for briefing the corrective statements issue and whether to bifurcate the Court’s consideration of amendments to the text of the corrective statements and amendments to the details of the corrective statements ‘ implementation. Upon consideration of the Parties ‘ representations and the entire record herein it is hereby

ORDERED, that the Parties shall file briefs addressing both amendments to the language of the corrective statements and the details of their implementation on the following schedule:

• No later than October 21, 2015 at 5 :00 p .m . , the Government and Plaintiff-Intervenors shall file their opening briefs;

• No later than November 11, 2015 at 5 :00 p .m . , Defendants shall file their combined opening brief and opposition;

• No later than November 18, 2015 at 5:00 p.m., the Government and Plaintiff-Intervenors shall file their combined oppositions and replies;

• No later than November 25, 2015 at 5:00 p.m. , Defendants shall file their reply.

October 1, 2015

Gladys Kessler

United States District Judge

Copies to: attorneys on record via ECF

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