Archive for the 'Court Filings' Category

Kessler Orders Views on Deferring Consideration of Correctives

Friday, November 18th, 2011

The PDF of Kessler’s order is HERE
EXCERPT:
The Court is well aware that there is a great deal of on-going litigation challenging the Regulations promulgated by the Food and Drug Administration (“FDA”), Required Warnings for Cigarette Packages & Advertisements, 76 Fed. Reg. 36,628 (June 22, 2011), under the Tobacco Control Act, Pub. L. No. 111-31, […]

Kessler Takes Control of MN Depository

Thursday, August 25th, 2011

The PDF of Order #26 is HERE
EXCERPT:
WHEREFORE, it is this 18th day of August, 2011, hereby
ORDERED, that, with the concurrence of Judge John Guthmann, of the Second Judicial District Court, County of Ramsey, State of Minnesota, this Court will exercise jurisdiction and supervision of the Minnesota Depository as of September 15, 2011; and it […]

DOCKET FOR USA v. PHILIP MORRIS USA, et al May 27-June 15, 2011

Sunday, June 19th, 2011

Date Filed: 09/22/1999
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Plaintiff
Date Filed # Docket Text
05/27/2011 5935 NOTICE of First Supplemental Filing re United States’ Surreply in Support of the United States’ Submission of Proposed Corrective Statements by UNITED STATES OF AMERICA re 5930 Surreply,,,,,,, (Attachments: # 1 Exhibit 20110527 McCrobie 1st Suppl. Decl., # […]

DOCKET FOR USA v. PHILIP MORRIS USA, et al April 20-May 20, 2011

Sunday, May 22nd, 2011

Date Filed # Docket Text
04/25/2011 5926 Memorandum in opposition to re 5896 MOTION to Clarify Order #1015 Concerning Enforceability filed by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND. (Crystal, Howard) (Entered: 04/25/2011)
04/25/2011 5927 Memorandum in opposition to re 5896 MOTION to Clarify […]

CIVIL DOCKET FOR USA v. PHILIP MORRIS USA, et al April 4-April 19, 2011

Tuesday, April 19th, 2011

04/04/2011 5907 Memorandum in opposition to re 5880 MOTION to Vacate Final Order Based on Family Smoking Prevention and Tobacco Control Act (FSPTCA) filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Philip Morris comments on FDA proposed public-health warnings, # 2 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 04/04/2011)
04/04/2011 5908 Memorandum in opposition to re 5880 […]

CIVIL DOCKET FOR USA v. PHILIP MORRIS USA, et al March 30-April 1, 2011

Friday, April 1st, 2011

Date Filed # Docket Text
03/30/2011 5902 MOTION to Strike 5893 Reply to Document, Defendant’s March 22, 2011, Filing on Corrective Statements; or, in the Alternative, MOTION for Leave to File Sur-Reply to Defendant’s March 22, 2011, Filing on Corrective Statements by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 3/30/2011 email, Crane-Hirsch to Wilkinson, # 2 Text […]

Kessler Lets BAT Fly

Monday, March 28th, 2011

ORDER #16 (PDF)
ORDER #16 Memorandum Opinion (PDF)
EXCERPTS:
This civil action brought by the United States under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, is now before the Court on Plaintiff’s Motion to Compel Defendant British American Tobacco (Investments) Limited’s (“BATCo’s”) Compliance and Defendant BATCo’s Motion for Reconsideration. Upon consideration of […]

CIVIL DOCKET FOR USA v. PHILIP MORRIS USA, et al March 28, 2011

Monday, March 28th, 2011

Date Filed # Docket Text
03/28/2011 5900 ORDER #16 granting in part and denying in part 5847 Plaintiff’s Motion to Compel; and granting in part and denying in part 5849 Defendant BATCo’s Motion for Reconsideration (see Order for details). Signed by Judge Gladys Kessler on 3/28/11. (CL, ) (Entered: 03/28/2011)
03/28/2011 5901 MEMORANDUM OPINION to Order #16. Signed by Judge Gladys […]

UNITED STATES’ OPENING BRIEF ON DEFENDANTS’ RULE 60(b) MOTION TO CLOSE THE MINNESOTA DEPOSITORY - March 24, 2011

Thursday, March 24th, 2011

The PDF is HERE
EXCERPT:
As one of its transparency remedies, the Court ordered Defendants to maintain the Minnesota Depository until 2021. Defendants did not challenge the Court’s Minnesota Depository remedy in their post-judgment motion for clarification or for relief from the judgment; did not object to keeping the Minnesota Depository and their document websites open the […]

CIVIL DOCKET FOR USA v. PHILIP MORRIS USA, et al March 17-24, 2011

Thursday, March 24th, 2011

Date Filed # Docket Text
03/21/2011 5892 MOTION for Leave to File Surreply Brief in Opposition to re 5854 United States’ Motion for Clarification Regarding Defendants’ Obligation To Produce Disaggregated Marketing Data by ALTRIA GROUP, INC., BRITISH AMERICAN TOBACCO., P.L.C., BROWN & WILLIAMSON TOBACCO CORPORATION, LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY (Attachments: # […]