6196: NOTICE OF APPEAL OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES, May 6, 2016

May 7, 2016 9:00 am by Gene Borio

The PDF is Here

EXCERPT:

Notice is hereby given that Defendants Altria Group, Inc., Philip Morris USA Inc., and R.J. Reynolds Tobacco Company (individually and as successor to Lorillard Tobacco Company), as well as Post-Judgment Parties Regarding Remedies ITG Brands, LLC, Commonwealth Brands, Inc., and Commonwealth-Altadis, Inc., appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #64-Remand of this Court (D.E. #6195), issued on the 19th day of April, 2016, which entered the Superseding Consent Order Implementing the Corrective Statements Remedy.

Moreover, it is unclear whether Order #62-Remand (D.E. #6184) constituted an immediately appealable order at the time Defendants and Post-Judgment Parties Regarding Remedies filed their Notice of Appeal (D.E. #6191) from that order on April 7, 2016, because the Court did not resolve corrective-statements implementation issues in Order #62-Remand. To the extent that the prior Notice of Appeal was premature, Defendants and Post-Judgment Parties Regarding Remedies also hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #62-Remand, entered on the 8th day of February, 2016, ordering the text of corrective statements, as well as from the Memorandum Opinion (D.E. #6185) accompanying Order #62-Remand.

END EXCERPT

FULL TEXT:

Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

PHILIP MORRIS USA INC., et al.,

Defendants.

Civil Action No. 99-2496 (GK)

_________________________________________

NOTICE OF APPEAL OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES

Notice is hereby given that Defendants Altria Group, Inc., Philip Morris USA Inc., and R.J. Reynolds Tobacco Company (individually and as successor to Lorillard Tobacco Company), as well as Post-Judgment Parties Regarding Remedies ITG Brands, LLC, Commonwealth Brands, Inc., and Commonwealth-Altadis, Inc., appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #64-Remand of this Court (D.E. #6195), issued on the 19th day of April, 2016, which entered the Superseding Consent Order Implementing the Corrective Statements Remedy.

Moreover, it is unclear whether Order #62-Remand (D.E. #6184) constituted an immediately appealable order at the time Defendants and Post-Judgment Parties Regarding Remedies filed their Notice of Appeal (D.E. #6191) from that order on April 7, 2016, because the Court did not resolve corrective-statements implementation issues in Order #62-Remand. To the extent that the prior Notice of Appeal was premature, Defendants and Post-Judgment Parties Regarding Remedies also hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #62-Remand, entered on the 8th day of February, 2016, ordering

Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 2 of 4

the text of corrective statements, as well as from the Memorandum Opinion (D.E. #6185) accompanying Order #62-Remand.

Dated: May 6, 2016 Respectfully submitted,

/s/ Miguel A. Estrada

Miguel A. Estrada (D.C. Bar No. 456289)

Amir C. Tayrani (D.C. Bar No. 490994)

GIBSON, DUNN & CRUTCHER LLP

1050 Connecticut Avenue, N.W.

Washington, DC 20036-5306

Telephone: (202) 955-8257

Fax: (202) 530-9016

Attorneys for Defendants Altria Group, Inc. and

Philip Morris USA Inc.

Noel J. Francisco (D.C. Bar No. 464752)

Peter J. Biersteker (D.C. Bar No. 358108)

JONES DAY

51 Louisiana Avenue, N.W.

Washington, DC 20001-2113

Telephone: (202) 879-3939

Fax: (202) 626-1700

Jeffrey A. Mandell (D.C. Bar No. 999791)

STAFFORD ROSENBAUM LLP

222 West Washington Avenue

Madison, WI 53703

Telephone: (608) 256-0226

Fax: (608) 259-2600

Attorneys for Defendant R. J. Reynolds Tobacco

Company (individually and as successor to

Lorillard Tobacco Company)

2

Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 3 of 4

Robert J. Brookhiser, Jr. (D.C. Bar No. 202168)

Elizabeth B. McCallum (D.C. Bar No. 451361)

BAKER & HOSTETLER LLP

1050 Connecticut Avenue, N.W.

Washington, DC 20036-5304

Telephone: (202) 861-1500

Fax: (202) 861-1783

Attorneys for Post-Judgment Parties Regarding

Remedies ITG Brands, LLC, Commonwealth

Brands, Inc. and Commonwealth-Altadis, Inc.

3

Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 4 of 4

Clerk

Please mail copies of the above Notice of Appeal to the following at the addresses indicated:

Attorney for Plaintiff:

Daniel K. Crane Hirsch, Esq.

Trial Attorney

Consumer Protection Branch, Civil Division

United States Department of Justice

P.O. Box 386

Washington, D.C. 20004-0386

(202) 616-8242

Attorney for Public Health Intervenors:

Katherine A. Meyer, Esq.

MEYER GLITZENSTEIN & EUBANKS LLP

4115 Wisconsin Avenue, N.W.

Suite 210

Washington, D.C. 20016

(202) 588-5206

4

Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

PHILIP MORRIS USA INC., et al.,

Defendants.

Civil Action No. 99-2496 (GK)

_________________________________________ )

NOTICE OF APPEAL OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES

Notice is hereby given that Defendants Altria Group, Inc., Philip Morris USA Inc., and R.J. Reynolds Tobacco Company (individually and as successor to Lorillard Tobacco Company), as well as Post-Judgment Parties Regarding Remedies ITG Brands, LLC, Commonwealth Brands, Inc., and Commonwealth-Altadis, Inc., appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #64-Remand of this Court (D.E. #6195), issued on the 19th day of April, 2016, which entered the Superseding Consent Order Implementing the Corrective Statements Remedy.

Moreover, it is unclear whether Order #62-Remand (D.E. #6184) constituted an immediately appealable order at the time Defendants and Post-Judgment Parties Regarding Remedies filed their Notice of Appeal (D.E. #6191) from that order on April 7, 2016, because the Court did not resolve corrective-statements implementation issues in Order #62-Remand. To the extent that the prior Notice of Appeal was premature, Defendants and Post-Judgment Parties Regarding Remedies also hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #62-Remand, entered on the 8th day of February, 2016, ordering Case 1:99-cv-02496-GK

Document 6196 Filed 05/06/16 Page 2 of 4

the text of corrective statements, as well as from the Memorandum Opinion (D.E. #6185) accompanying Order #62-Remand.

Dated: May 6, 2016 Respectfully submitted,

/s/ Miguel A. Estrada

Miguel A. Estrada (D.C. Bar No. 456289)

Amir C. Tayrani (D.C. Bar No. 490994)

GIBSON, DUNN & CRUTCHER LLP

1050 Connecticut Avenue, N.W.

Washington, DC 20036-5306

Telephone: (202) 955-8257

Fax: (202) 530-9016

Attorneys for Defendants Altria Group, Inc. and

Philip Morris USA Inc.

Noel J. Francisco (D.C. Bar No. 464752)

Peter J. Biersteker (D.C. Bar No. 358108)

JONES DAY

51 Louisiana Avenue, N.W.

Washington, DC 20001-2113

Telephone: (202) 879-3939

Fax: (202) 626-1700

Jeffrey A. Mandell (D.C. Bar No. 999791)

STAFFORD ROSENBAUM LLP

222 West Washington Avenue

Madison, WI 53703

Telephone: (608) 256-0226

Fax: (608) 259-2600

Attorneys for Defendant R. J. Reynolds Tobacco

Company (individually and as successor to

Lorillard Tobacco Company)

2
Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 3 of 4

Robert J. Brookhiser, Jr. (D.C. Bar No. 202168)

Elizabeth B. McCallum (D.C. Bar No. 451361)

BAKER & HOSTETLER LLP

1050 Connecticut Avenue, N.W.

Washington, DC 20036-5304

Telephone: (202) 861-1500

Fax: (202) 861-1783

Attorneys for Post-Judgment Parties Regarding

Remedies ITG Brands, LLC, Commonwealth

Brands, Inc. and Commonwealth-Altadis, Inc.

3
Case 1:99-cv-02496-GK Document 6196 Filed 05/06/16 Page 4 of 4

Clerk

Please mail copies of the above Notice of Appeal to the following at the addresses indicated:

Attorney for Plaintiff:

Daniel K. Crane Hirsch, Esq.

Trial Attorney

Consumer Protection Branch, Civil Division

United States Department of Justice

P.O. Box 386

Washington, D.C. 20004-0386

(202) 616-8242

Attorney for Public Health Intervenors:

Katherine A. Meyer, Esq.

MEYER GLITZENSTEIN & EUBANKS LLP

4115 Wisconsin Avenue, N.W.

Suite 210

Washington, D.C. 20016

(202) 588-5206

4

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