UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) Civil Action No. 99-2496 (PLF)

)

PHILIP MORRIS USA, INC., et al., )

)

Defendants. )

____________________________________)

ORDER #126 – REMAND: PROCEDURES FOR SETTLEMENT HEARING

On June 13, 2022, the Court set a hearing to consider and approve the parties’ 

jointly proposed consent order to govern the corrective-statements remedy at the point of sale 

(the “Proposed Point-of-Sale Consent Order”). See Minute Order (June 13, 2022); see also

Order #125–Remand (“Order #125”) [Dkt. No. 6503] (setting forth the procedures for the 

“Point-of-Sale Settlement Hearing”).1 The Court will conduct the Point-of-Sale Settlement 

Hearing on July 28, 2022, beginning at 10:00 a.m. (Eastern Daylight Time); and the hearing will 

continue if necessary on July 29, 2022, beginning at 10:00 a.m. (Eastern Daylight Time). The 

Point-of-Sale Settlement Hearing will be held in the Ceremonial Courtroom (Courtroom 20) at

the E. Barrett Prettyman Courthouse at 333 Constitution Avenue N.W., Washington, D.C. 20001.

1 The parties are the United States and the 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, the “remedies 

parties”). Defendants and the Remedies Parties are collectively referred to as the 

“manufacturers.”
2

The Court hereby notifies the parties, participating retailers, and other interested 

persons that the following additional procedures and restrictions will govern the proceeding, 

consistent with the practices outlined in Appendices 7 and 8 of the Continuity of Operations Plan 

During the COVID-19 Pandemic. See Continuity of Operations Plan During the COVID-19 

Pandemic (July 15, 2020), https://www.dcd.uscourts.gov/coronavirus-covid-19-responseinformation-and-announcements; id., Appendix 7 (updated Oct. 27, 2020); id., Appendix 8 

(updated Mar. 2, 2022). 

1. All persons who attend the Point-of-Sale Settlement Hearing must wear 

face masks covering the mouth and nose throughout the entire proceeding, except as directed by 

the Court. The Court may provide attendees with a clear protective facial mask. See

Appendix 7 ¶ 4; Appendix 8 ¶ 2(c)(iii). Attendees are reminded that, pursuant to Standing Order 

No. 21-45, “[a]ll individuals, regardless of vaccination status, are required to wear a face mask, 

which must completely cover the nose and mouth, at all times while in the public and non-public 

areas” of the courthouse. In Re: Reinstatement of Mask Requirement for All Individuals in 

Public and Non-Public Areas of Courthouse, Standing Order No. 21-45 (BAH) (July 30, 2021), 

at 1-2, available at: https://www.dcd.uscourts.gov/coronavirus-covid-19-response-informationand-announcements; see also Mask Requirements in the Public Areas of the Courthouse and 

Courtrooms (Apr. 4, 2022), https://www.dcd.uscourts.gov/coronavirus-covid-19-responseinformation-and-announcements.

2. There will be a maximum of five individuals permitted at each counsel 

table. A lawyer or a representative of a participating retailer may remove their mask when 

addressing the Court. 
3

3. It is anticipated that it will not be necessary to limit the number of 

individuals in the courtroom, provided that all attendees wear a mask and sit at least three feet 

apart from other attendees.

4. Any individual who has tested positive for COVID-19, is experiencing 

symptoms consistent with COVID-19, or learns of exposure to an individual who has tested 

positive for COVID-19, should not come to the courthouse and should contact the courtroom 

deputy clerk for further instructions. If during the proceeding any attendee experiences 

symptoms consistent with COVID-19 or learns of exposure to an individual who has tested 

positive for COVID-19, that person should notify the courtroom deputy clerk immediately. See

Appendix 7 ¶ 6; Appendix 8 ¶ 2(c)(i)-(ii).

5. The parties and participating retailers may present exhibits and/or 

demonstratives to the Court during the Point-of-Sale Settlement Hearing. Parties and 

participating retailers should contact John Cramer, who can be contacted at 

John_Cramer@dcd.uscourts.gov, in advance of the hearing to coordinate any IT issues, including 

with regard to the presentation of exhibits and demonstratives. 

6. As previously ordered, see Order #125 at 3-5, the following procedures

will govern the Point-of-Sale Settlement Hearing:

a. Opening Statements. Plaintiffs and the manufacturers will each be 

given twenty minutes to present opening remarks in support of the 

Proposed Point-of-Sale Consent Order.

b. Objections.

i. Participating retailers that have submitted a written 

statement. If a participating retailer has submitted a written 
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statement and wishes to be heard at the Point-of-Sale

Settlement Hearing, the participating retailer shall be 

allocated ten minutes to present its argument. 

ii. Participating retailers that have not submitted a written 

statement. If a participating retailer has not submitted a 

written statement but wishes to be heard at the Point-ofSale Settlement Hearing, the participating retailer shall be 

allocated five minutes to present its argument. 

c. Responses to Objections. After all objections have been made by 

participating retailers, the plaintiffs and the manufacturers shall 

each have an opportunity to respond to the objections raised at the 

Point-of-Sale Settlement Hearing and in the written submissions. 

The time allotted to the parties for responding to objections will be 

determined by the Court at the hearing.

d. Closing Statements. Plaintiffs and the manufacturers will each be 

given twenty minutes to present closing remarks in support of the 

Proposed Point-of-Sale Consent Order.

e. Virtual attendance at the Point-of-Sale Settlement Hearing will be 

permitted only for the parties and the non-party national retailer 

groups, as well as any participating retailers that have submitted

written statements to the Court in advance of the hearing. Zoom 

videoconference information will be made available upon request 

by the Courtroom Deputy Clerk, Tanya Johnson, who can be 
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contacted at Tanya_Johnson@dcd.uscourts.gov. Due to 

technology constraints, those participating virtually will not be 

able to present any exhibits or demonstratives to the Court or view 

any that are physically displayed in the Ceremonial Courtroom 

during the hearing. Virtual attendance at the Point-of-Sale 

Settlement Hearing will not be permitted for any participating 

retailer that has not submitted a written statement to the Court in 

advance of the hearing. Any such participating retailers may

attend in-person or listen to the hearing via the public phone line.

SO ORDERED.

_______________________________

PAUL L. FRIEDMAN

United States District Judge

DATE: July 21, 2022