USA v PHILIP MORRIS, et. al. #6228: CONSENT MOTION FOR SCHEDULING ORDER AND JOINT STATUS REPORT REGARDING CORRECTIVE STATEMENTS

October 29, 2017 9:21 pm by Gene Borio

The PDF is Here

EXCERPT:

The parties continue to move forward toward the implementation of the corrective statements remedy in two other media channels, websites and onserts. . .

Two media channels remain at issue here: websites and onserts.

1. Onserts. The parties continue to exchange comments on onsert mockups, and estimate that remaining onsert issues will be resolved by Friday, November 10, 2017.

2. Company websites. The parties are tentatively exploring having Defendants and the Remedies Parties prepare new company website mockups only for “Phase 1” (years 1 through 5). To date, Defendants have provided Plaintiffs with drafts of every “Phase 1” website mockup that the parties expect to submit with the (proposed) Consent Order, and Plaintiffs have provided feedback on all those drafts. Defendants have provided revised mockups for the majority of covered websites in response to Plaintiffs’ feedback and expect to provide additional revised mockups addressing Plaintiffs’ concerns. Plaintiffs have provided feedback on the majority of the revised websites. The parties have reached agreement on four website mockups to date, including one or more from each of Philip Morris USA, RJRT, and ITG Brands. The technical and time-consuming process of updating website mockups makes it difficult to estimate a completion date, but the parties will continue to work diligently to resolve as many outstanding issues as possible by November 17, 2017.

B. Ensuring prompt implementation . . .

FULL TEXT:

Case 1:99-cv-02496-PLF Document 6228 Filed 10/23/17 Page 1 of 6

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-CV-2496 (PLF)

CONSENT MOTION FOR SCHEDULING ORDER AND JOINT STATUS REPORT REGARDING CORRECTIVE STATEMENTS

Pursuant to Order #71-Remand (Dkt. No. 6226; issued October 4, 2017), the parties respectfully submit this consent motion for a further scheduling order and joint status report regarding the Corrective Statements remedy.1 Under the terms of Order #72-Remand (Dkt. No. 6227; issued October 5, 2017), the parties are proceeding with implementation of the corrective statements in newspapers and on television.

The parties continue to move forward toward the implementation of the corrective statements remedy in two other media channels, websites and onserts. As reported July 11, 2017, August 11, 2017, September 11, 2017, and October 2, 2017, the parties have made significant progress toward a (proposed) Consent Order that would include agreed-upon mockups for the websites and onserts in which the required Corrective Statements will appear.

——

1 The parties are the United States and Public Health Intervenors (collectively “Plaintiffs”); Philip Morris USA Inc., Altria Group, Inc., and R.J. Reynolds Tobacco Company (individually, as successor in interest to Brown & Williamson Tobacco Corporation, and as successor to Lorillard Tobacco Company) (collectively “Defendants”); and ITG Brands, LLC, Commonwealth Brands, Inc., and Commonwealth-Altadis, Inc. (collectively “Remedies Parties”).

Case 1:99-cv-02496-PLF Document 6228 Filed 10/23/17 Page 2 of 6

Based on past progress and the parties’ time estimates for completing the outstanding items as set forth below, the parties seek additional time to file a (proposed) Consent Order package for websites and onserts. Accordingly, the parties move the Court to enter the attached (proposed) scheduling order giving the parties until November 17, 2017 to submit a (proposed) Consent Order package for websites and onserts, or further status report if particular matters have yet to be resolved.

As required by Order #71-Remand, the following are “the particular matters that have yet to be resolved and specific time estimates to complete or resolve each of them.”

A. Media channels

Two media channels remain at issue here: websites and onserts.

1. Onserts. The parties continue to exchange comments on onsert mockups, and estimate that remaining onsert issues will be resolved by Friday, November 10, 2017.

2. Company websites. The parties are tentatively exploring having Defendants and the Remedies Parties prepare new company website mockups only for “Phase 1” (years 1 through 5). To date, Defendants have provided Plaintiffs with drafts of every “Phase 1” website mockup that the parties expect to submit with the (proposed) Consent Order, and Plaintiffs have provided feedback on all those drafts. Defendants have provided revised mockups for the majority of covered websites in response to Plaintiffs’ feedback and expect to provide additional revised mockups addressing Plaintiffs’ concerns. Plaintiffs have provided feedback on the majority of the revised websites. The parties have reached agreement on four website mockups to date, including one or more from each of Philip Morris USA, RJRT, and ITG Brands. The technical and time-consuming process of updating website mockups makes it difficult

2

Case 1:99-cv-02496-PLF Document 6228 Filed 10/23/17 Page 3 of 6

to estimate a completion date, but the parties will continue to work diligently to resolve as many outstanding issues as possible by November 17, 2017.

B. Ensuring prompt implementation

The parties are committed to implementing the corrective statements remedy for websites and onserts as expeditiously as possible consistent with ordinary commercial practices. The timing of implementation will be included in the (proposed) Consent Order for websites and onserts that the parties submit on November 17, 2017, or such later date if all the outstanding issues described above are not resolved by then.

The parties respectfully move the Court to enter the attached (proposed) scheduling order, requiring the parties to file by November 17, 2017, a (proposed) Consent Order for websites and onserts or a further status report.

Dated: October 23, 2017 Respectfully submitted,

/s/ Anand Agneshwar

Anand Agneshwar

ARNOLD & PORTER KAYE SCHOLER LLP

250 West 55th Street

New York, NY 10019-9710

Telephone: (212) 836-8011

Fax: (212) 836-8689

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

GIBSON, DUNN & CRUTCHER LLP

1050 Connecticut Avenue, N.W.

Washington, D.C. 20036-5306

Telephone: (202) 955-8257

Fax: (202) 530-9016

Attorneys for Defendants Altria Group, Inc. and Philip Morris USA Inc.

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Case 1:99-cv-02496-PLF Document 6228 Filed 10/23/17 Page 4 of 6

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

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

STAFFORD ROSENBAUM LLP

222 West Washington Avenue, Suite 900

Madison, Wisconsin 53703

Telephone: (608) 256-0226

Fax: (608) 259-2600

Geoffrey K. Beach (D.C. Bar No. 439763)

WOMBLE CARLYLE SANDRIDGE & RICE, LLP

One West Fourth Street

Winston-Salem, NC 27101

Telephone: (336) 721-3600

Fax: (336) 721-3660

Attorneys for Defendant R.J. Reynolds Tobacco Company (individually, as successor in interest to Brown & Williamson Tobacco Corporation, and as successor to Lorillard Tobacco Company)

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, D.C. 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.

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Case 1:99-cv-02496-PLF Document 6228 Filed 10/23/17 Page 5 of 6

JILL FURMAN, Deputy Director

ANDREW CLARK, Assistant Director

Consumer Protection Branch

___/s/_____________________________

DANIEL K. CRANE-HIRSCH

Trial Attorney

Civil Division

United States Department of Justice

PO Box 386

Washington, DC 20044-0386

Telephone: 202-616-8242 (Crane-Hirsch)

Facsimile: 202-514-8742

daniel.crane-hirsch@usdoj…

Attorneys for Plaintiff United States of America

____/s/_____________

Katherine A. Meyer (D.C. Bar 244301)

MEYER GLITZENSTEIN & EUBANKS

LLC

4115 Wisconsin Ave., N.W. Suite 210

Washington, DC 20016

202-588-5206

kmeyer@meyerglitz.com

Attorney for the Public Health Plaintiff-Intervenors

5

Case 1:99-cv-02496-PLF Document 6228 Filed 10/23/17 Page 6 of 6

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 23, 2017, I filed a copy of the foregoing, which will electronically serve all counsel of record who have entered an appearance in this case.

Dated: October 23, 2017 Respectfully submitted,

/s/ Anand Agneshwar

Anand Agneshwar

ARNOLD & PORTER KAYE SCHOLER LLP

250 West 55th Street

New York, NY 10019-9710

Telephone: (212) 836-8011

Fax: (212) 836-8689

Attorney for Defendants

Altria Group, Inc. and Philip Morris USA

Inc.

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