USA v PHILIP MORRIS, et. al. DOCKET 03/23-26/2018

March 30, 2018 2:54 pm by Gene Borio

03/23/2018 6252 Joint MOTION to Continue Hearing by R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Text of Proposed Order Proposed Order)(Mandell, Jeffrey) (Entered: 03/23/2018)

03/26/2018 6253 ORDER #80-Remand granting 6252 consent motion to continue hearing. The hearing previously set for March 27, 2018 is continued to April 17, 2018 at 10:00 a.m. Signed by Judge Paul L. Friedman on March 26, 2018. (MA) (Entered: 03/26/2018)

DOCKET CAA v FDA Nov, 2017-Mar, 2018

March 17, 2018 8:48 pm by Gene Borio

EXCERPT:

01/31/2018
87 
NOTICE OF SUPPLEMENTAL AUTHORITY by CIGAR RIGHTS OF AMERICA, INTERNATIONAL PREMIUM CIGAR AND PIPE RETAILERS ASSOCIATION (Attachments: # 1Exhibit A)(Edney, Michael) (Entered: 01/31/2018)

01/31/2018
88 
NOTICE OF SUPPLEMENTAL AUTHORITY by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Beckenhauer, Eric) (Entered: 01/31/2018)

END EXCERPT

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USA v PHILIP MORRIS, et. al. #6250: CONSENT MOTION TO CONTINUE HEARING, Mar 12, 2018

March 12, 2018 8:20 pm by Gene Borio

The PDF is Here

EXCERPT:

The parties have reached agreement in principle on the website mockup and onsert design issues that the tobacco companies moved the Court to refer to mediation . . . all parties respectfully submit this consent motion to continue the hearing currently set for 10 a.m. tomorrow, Tuesday, March 13, 2018 . . . The parties have identified some logistic issues that a (proposed) consent order will need to address, and anticipate that 14 days should be sufficient to reach agreement on them. Accordingly, the parties ask that the hearing be continued to Tuesday, March 27, 2018

END EXCERPT

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USA v PHILIP MORRIS, et. al. DOCKET 03/12/18

March 12, 2018 8:17 pm by Gene Borio

03/12/2018

6250 

Consent MOTION to Continue Hearing Set for March 13, 2018, by ALTRIA GROUP, INC., COMMONWEALTH ALTADIS, COMMONWEALTH BRANDS INCORPORATED, ITG BRANDS, LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY and 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, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 03/12/2018)

03/12/2018
 
MINUTE ORDER directing that the Memorandum Opinion and Order 6249 issued on February 27, 2018, be renamed: Memorandum Opinion and Order #78-Remand. Signed by Judge Paul L. Friedman on March 12, 2018. (MA) (Entered: 03/12/2018)

03/12/2018

6251 

ORDER #79-Remand granting 6250 consent motion to continue hearing. The hearing previously set for March 13, 2018 at 10:00 a.m. is continued to March 27, 2018 at 10:00 a.m. Signed by Judge Paul L. Friedman on March 12, 2018.(MA) (Entered: 03/12/2018)

USA v PHILIP MORRIS, et. al. #6249: MEMORANDUM OPINION AND ORDER, Feb 27, 2018

February 27, 2018 5:41 pm by Gene Borio

The PDF is Here

EXCERPT:

In 2006, Judge Gladys Kessler of this Court issued a 1,600-page opinion and a final judgment and remedial order…Since that date, this case has been to the United States Court of Appeals for the District of Columbia Circuit on a number of occasions. The court of appeals has largely affirmed Judge Kessler’s factual findings, legal conclusions, and remedial directives.

. . .

Having reviewed the parties’ briefings and the record in this case, the Court does not believe that now is the time to seek enforcement or move to hold defendants in contempt of court. The parties have come too far. Continued good faith negotiations will provide the most expedient avenue for all parties to resolve the very few and discrete issues that remain. Such negotiations should resume promptly and proceed apace. If necessary, the Court will resolve whether resolution requires the assistance of Judge Levie.

Accordingly, it is hereby

ORDERED that the parties shall appear for a hearing at 10:00 a.m. on March 13, 2018. Should the parties resolve the remaining issues prior to the hearing, they may file a proposed second superseding consent order for websites and onserts or a motion to continue the hearing indicating that such a proposed consent order is forthcoming. Otherwise, the parties shall appear to explain to the Court why resolution of these issues has not yet occurred and argue their respective positions on the Court’s referral of this matter to the Special Master.

END EXCERPT

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USA v PHILIP MORRIS, et. al. DOCKET 2/27/18

February 27, 2018 5:17 pm by Gene Borio

02/27/2018

6249 

MEMORANDUM OPINION AND ORDER directing the parties to appear for a hearing on March 13, 2018 at 10:00am to explain to the Court why resolution of certain issues has not yet occurred and argue their respective positions on the Court’s referral of this matter to the Special Master. Signed by Judge Paul L. Friedman on February 27, 2018. (MA) (Entered: 02/27/2018)

02/27/2018
 
Set/Reset Hearings: Status Conference set for 3/13/2018 at 10:00 AM in Courtroom 29A before Judge Paul L. Friedman. (tj) (Entered: 02/27/2018)

USA v PHILIP MORRIS, et. al. DOCKET 12/23/17-02/13/18

February 15, 2018 7:58 pm by Gene Borio

EXCERPT:

02/06/2018
6247 
Memorandum in opposition to re 6245 MOTION for Mediation MOTION to Clarify 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, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Letter dated 11/3/2017, Crane-Hirsch to Agneshwar et al., # 2 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 02/06/2018)

02/13/2018
6248 
REPLY to opposition to motion re 6245 MOTION for Mediation MOTION to Clarify filed by PHILIP MORRIS USA INC.. (Attachments: # 1 Exhibit Email dated 10/23/17, # 2 Exhibit Email dated 11/30/17, # 3 Exhibit Email with attachment dated 7/11/17, # 4 Exhibit Marlboro Web Mockups, # 5 Exhibit Parliament Web Mockups, # 6 Exhibit Camel Web Mockups, # 7Exhibit Pall Mall Web Mockups, # 8 Exhibit RJ Reynolds Onsert Mockups)(Agneshwar, Anand) (Entered: 02/13/2018)

END EXCERPT

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USA v PHILIP MORRIS, et. al. #6248: REPLY BRIEF OF DEFENDANTS AND REMEDIES PARTIES IN SUPPORT OF MOTION FOR REFERRAL TO THE SPECIAL MASTER

February 13, 2018 9:07 pm by Gene Borio

The PDF is Here

EXCERPT:

The parties are now within steps of a total agreement, needing minimal help to close the deal. But Plaintiffs have suddenly stopped short, insisting that Defendants either capitulate to Plaintiffs’ every demand or proceed on their own at risk of contempt. That is no solution. The principles to which the parties agree now in their mockups will guide them for years to come as current websites are redesigned or are shut down and others take their place. That is why Defendants cannot simply accede to Plaintiffs’ demands. But that does not mean negotiations should stop just shy of the finish line. Defendants (joined by the Remedies Parties1) believe Judge Levie should assist the parties in finalizing an agreement, and they remain optimistic that he will be able to do so.

Defendants respond to Plaintiffs’ various arguments below. Contrary to Plaintiffs’ assertions, an order referring these few remaining issues to Judge Levie is well within this Court’s authority to enter and offers the most expeditious and efficient path forward. Plaintiffs cannot enforce the terms of Order #64-Remand consistent with the language of the Order itself, the history of this matter, fundamental principles of constitutional law, and federal procedural rules. And, as a matter of fairness, in the absence of a new superseding consent order, Defendants should be allowed to implement the latest version of the disputed mockups.

END EXCERPT

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USA v PHILIP MORRIS, et. al. #6247: PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ AND REMEDIES PARTIES’ MOTION FOR REFERRAL TO THE SPECIAL MASTER FOR MEDIATION

February 6, 2018 8:00 pm by Gene Borio

The PDF is Here

EXCERPT:

To be sure, Plaintiffs have spent half a year seeking to accommodate the tobacco companies’ asserted desire for certainty. But, contrary to the companies’ efforts to turn Plaintiffs’ accommodation against them, Plaintiffs’ willingness to provide feedback and opine upon mockup design proposals has not somehow made Order #64-Remand unenforceable.

The tobacco companies contend that Order #64-Remand is rendered somehow uncertain —necessitating a new consent order, to be achieved if need be by compelled mediation—because their most recent appeal deletes eight more words from the text. . . . But no one proposes to enforce Order #64-Remand’s superseded text, and the tobacco companies know exactly what the current text is: The text that the Court ordered on remand on June 27, 2017, in Order #67-Remand and its accompanying Memorandum Opinion, and then definitively adopted, both for English and Spanish, in the October 2017 Consent Order as to Newspapers and TV (Order #72-Remand). The tobacco companies offer not even one example of alleged “uncertainty” about compliant ways to present the current Court-ordered text on their websites. . . . Review of the 2014 mockup designs will show that they easily accommodate the shortened text. Indeed, in agreeing to Order #64-Remand in 2016, Defendants had no trouble relying on the 2014 mockup designs —mockups that depicted text that an intervening D.C. Circuit decision had already changed on appeal. The mere fact that the Court of Appeals’ April 17, 2017, decision directed the removal of eight more words does not indefinitely stay implementation of this remedy. On the contrary, the Court of Appeals made clear that, with these “minor revisions,” “the district court can simply issue an order requiring the corrective statements remedy to go forward.” This Court has already done so. Its Order #67-Remand and accompanying opinion from June 27, 2017, set out the new language; and the companies accepted that language, as well as conforming Spanish text, in Order #72-Remand. The surest way to ensure prompt and full website and onsert implementation is to deny the companies’ motion.

END EXCERPT

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USA v PHILIP MORRIS, et. al. DOCKET 12/15-19/2017

December 19, 2017 8:00 pm by Gene Borio

EXCERPT:

12/19/2017 6237 ORDER granting 6236 the parties’ consent motion for scheduling order and joint status report regarding corrective statements. The parties shall submit on or before January 12, 2018, an agreed upon (proposed) second superseding consent order for websites and onserts. Signed by Judge Paul L. Friedman on December 19, 2017.(lcplf2) (Entered: 12/19/2017)

END EXCERPT

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