Plaintiff: Czech Republic, European Community,, Federal Republic Of Germany, French Republic, GRAND-DUCHY OF LUXEMBOURG, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of Sweden, Kingdom Of The Netherlands, Kingdon of Denmark, Portuguese Republic, Republic of Austria, Republic of Bulgaria, Republic of Cyprus, Republic of Estonia, Republic of Finland, Republic of Hungary, Republic of Ireland, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Poland, Republic of Slovenia, Romania, Slovak Republic
RESPONSE to Motion re 126 Letter MOTION to Withdraw Plaintiffs' Damages Claims for Domestic Injuries Under 18 U.S.C. § 1964(c) filed by All Defendants. (Seiden, Mark) (Entered: 03/02/2016)
Letter dated 2/8/16 from Kevin Brown, Assistant Clerk, Supreme Court of the United States to Clerk, U.S. Court of Appeals for the Second Circuit re: Request District Court Record. (McGee, Mary Ann) (Entered: 02/10/2016)
AFFIDAVIT/DECLARATION in Support re 117 MOTION for Leave to Appear Pro Hac Vice by Peter J. Biersteker Filing fee $ 150, receipt number 0207-7786442. SUPPLEMENTAL AFFIDAVIT OF PETER J. BIERSTEKER IN CONNECTION WITH PREVIOUSLY FILED PRO HAC VICE MOTION filed by All Defendants. (Attachments: # 1 Exhibit Certificate of Good Standing) (Seiden, Mark) (Entered: 06/17/2015)
ORDER/AMENDED OPINION of USCA as to 113 Notice of Appeal,,, filed by Kingdom of Sweden, European Community, Republic of Slovenia, French Republic, Grand Duchy of Luxembourg, Republic of Estonia, Portuguese Republic, Republic of Latvia, Italian Republic, Slovak Republic, Republic of Lithuania, Republic of Poland, Kingdon of Denmark, Kingdom of the Netherlands, Romania, Kingdom of Belgium, Federal Republic of Germany, Republic of Cyprus, Czech Republic, Republic of Ireland, Republic of Austria, Kingdom of Spain, Republic of Bulgaria, Republic of Finland, Republic of Hungary, Hellenic Republic, Republic of Malta. Plaintiffs appeal from a judgment of the United States District Court for the Eastern District of New York (Garaufis, J.) dismissing their complaint. The District Court dismissed 5 the claims under the federal RICO statute, 18 U.S.C. § 1961 et seq., because it concluded that RICO does not apply to enterprises outside the United States. The state law claims were dismissed on the ground that they were not within the diversity jurisdiction of the federal courts. 28 U.S.C. § 1332. The Court of Appeals (Leval, J.) concludes that the RICO9 claims are within the scope of the statute and that the state law claims are within federal diversity jurisdiction. Accordingly, the judgment of the District Court is VACATED, and the case is REMANDED. Certified Copy issued: 4/29/14. PLEASE NOTE; THE MANDATE FOR THIS APPEAL HAS NOT YET BEEN ISSUED. (McGee, Mary Ann) (Entered: 04/30/2014)
NOTICE OF APPEAL as to 107 Memorandum & Opinion, 102 Memorandum & Opinion, 108 Clerk's Judgment, by Czech Republic, European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of Sweden, Kingdom of the Netherlands, Kingdon of Denmark, Portuguese Republic, Republic of Austria, Republic of Bulgaria, Republic of Cyprus, Republic of Estonia, Republic of Finland, Republic of Hungary, Republic of Ireland, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Poland, Republic of Slovenia, Romania, Slovak Republic. Filing fee $ 455, receipt number 0207-4843397. Appeal Record due by 6/24/2011. (Malone, Kevin) (Entered: 06/10/2011)
Mail Returned as Undeliverable: Document #108, Clerk's Judgment. Mail sent to Charles Arthur Acevedo at Krupnick, Campbell, et al., 700 Southeast Third Avenue, Suite 100, Fort Lauderdale, FL 33315 (Lee, Tiffeny) (Entered: 05/25/2011)
Mail Returned as Undeliverable: Document #108, Clerk's Judgment, Mailed to Andrew B. Sacks at Sacks & Smith, LLC, Penn Mutual Towers, 510 Walnut Street, Philadelphia, PA, 19106. Envelope marked, "Return to Sender; Not Deliverable As Addressed; Unable to Forward." (Lee, Tiffeny) (Entered: 05/25/2011)
Mail Returned as Undeliverable: Document #108, Clerk's Judgment, Mailed to John K. Weston at Sacks & Smith, LLC, 510 Walnut Street, Suite 400, Philadelphia, PA, 19106. Envelope marked, "Return to Sender; Not Deliverable As Addressed; Unable to Forward." (Lee, Tiffeny) (Entered: 05/25/2011)
CLERK'S JUDGMENT directing that plaintiff take nothing of the defendants; that defendants' motion to dismiss is granted in part; that plaintiffs' request for leave to amend their Compliant is denied; and that the action is dismissed for lack of subject matter jurisdiction. Ordered by Clerk of Court on 5/13/2011. c/m with appeal pkg (Fernandez, Erica) (Entered: 05/16/2011)
MEMORANDUM AND ORDER: Defendants' Motion to Dismiss is GRANTED in part. Plaintiff's request for leave to amend their Complaint is DENIED. The action is DISMISSED for lack of subject matter jurisdiction. So Ordered by Judge Nicholas G. Garaufis on 5/12/2011. (fwd'd for jgm) (Lee, Tiffeny) (Entered: 05/13/2011)
MEMORANDUM & ORDER: Plaintiffs' 103 Motion for Reconsideration of the Court's 102 Memorandum & Order is denied. So Ordered by Judge Nicholas G. Garaufis on 4/14/2011. (Lee, Tiffeny) (Entered: 04/15/2011)
Letter Response to Memorandum and Order filed March 8, 2011, by Czech Republic, European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of Sweden, Kingdom of the Netherlands, Kingdon of Denmark, Portuguese Republic, Republic of Austria, Republic of Bulgaria, Republic of Cyprus, Republic of Estonia, Republic of Finland, Republic of Hungary, Republic of Ireland, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Poland, Republic of Slovenia, Romania, Slovak Republic (Malone, Kevin) (Entered: 04/05/2011)
MEMORANDUM in Opposition re 103 MOTION for Reconsideration re 102 Memorandum & Opinion, MOTION for Reconsideration re 102 Memorandum & Opinion, MOTION for Reconsideration re 102 Memorandum & Opinion, MOTION for Reconsideration re 102 Memorandum & Opinion, filed by Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc.. (Attachments: # 1 Cover letter to Court enclosing Memorandum in Opposition) (Dubeck, Leslie) (Entered: 04/04/2011)
MOTION for Reconsideration re 102 Memorandum & Opinion, by Czech Republic, European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of Sweden, Kingdom of the Netherlands, Kingdon of Denmark, Portuguese Republic, Republic of Austria, Republic of Bulgaria, Republic of Cyprus, Republic of Estonia, Republic of Finland, Republic of Hungary, Republic of Ireland, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Poland, Republic of Slovenia, Romania, Slovak Republic. (Attachments: # 1 Notice of Motion for Limited Reconsideration of the Memorandum and Order of March 8, 2011, Granting in Part Defendants' Motion to Dismiss, # 2 Memorandum in Support of Motion for Limited Reconsideration of the Memorandum and Order of March 8, 2011, Granting in Part Defendants' Motion to Dismiss) (Malone, Kevin) (Entered: 03/21/2011)
MEMORANDUM AND ORDER, Dft's Motion to Dismiss is granted in part. The court directs pltff's counsel to inform the court within thirty days of this Memorandum and Order as to whether pltff European Community intends to remain in this suit. The court reserves decision on the remainder of dft's motion pending pltff's counsel's response. (Ordered by Judge Nicholas G. Garaufis on 3/7/2011) (Piper, Francine) (Entered: 03/08/2011)
AFFIDAVIT/DECLARATION in Opposition re 83 MOTION to Dismiss Second Amended Complaint , Post-Argument Supplemental Filing, filed by Czech Republic, European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of Sweden, Kingdom of the Netherlands, Kingdon of Denmark, Portuguese Republic, Republic of Austria, Republic of Bulgaria, Republic of Cyprus, Republic of Estonia, Republic of Finland, Republic of Hungary, Republic of Ireland, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Poland, Republic of Slovenia, Romania, Slovak Republic. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Dubeck, Leslie) (Entered: 01/10/2011)
ORDER granting 92 Motion for Extension of Supplemental Briefing Schedule: Defts.' Initial Supp. Mem. by 11/22/2010; Pltfs' Responsive Supp. Mem. by 12/20/2010; Defts.' Reply Supp. Mem. by 1/10/2011. Ordered by Judge Nicholas G. Garaufis on 11/19/2010. (Lee, Tiffeny) (Entered: 11/19/2010)
Letter regarding parties' agreement on choice of law by Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc. (Dubeck, Leslie) (Entered: 11/16/2010)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/26/10, before Judge Garaufis. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Email address: GeneRudolph@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2010. Redacted Transcript Deadline set for 11/29/2010. Release of Transcript Restriction set for 1/25/2011. (Rudolph, Gene) (Entered: 10/27/2010)
Letter to Judge Garaufis enclosing copies of all pleadings on Defendnats' Motion to Dismiss Second Amended Complaint by Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc. (Dubeck, Leslie) (Entered: 04/30/2010)
MEMORANDUM in Opposition re 83 MOTION to Dismiss Second Amended Complaint filed by Czech Republic, European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of Sweden, Kingdom of the Netherlands, Kingdon of Denmark, Portuguese Republic, Republic of Austria, Republic of Bulgaria, Republic of Cyprus, Republic of Estonia, Republic of Finland, Republic of Hungary, Republic of Ireland, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Poland, Republic of Slovenia, Romania, Slovak Republic. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Dubeck, Leslie) (Entered: 04/30/2010)
AFFIDAVIT of Service for Motion to Dismiss Second Amended Complaint, Memorandum In Support & Declaration In Support on 02/15/2010, filed by R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc.. (Dubeck, Leslie) (Entered: 04/30/2010)
NOTICE of Appearance by Leslie B. Dubeck on behalf of Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc. (aty to be noticed) (Dubeck, Leslie) (Entered: 04/29/2010)
ORDER granting 79 Motion to Adjourn, Oral Argument adjourned to 6/17/2010 @ 2:00 p.m. So Ordered by Judge Nicholas G. Garaufis on 4/13/2010. (Lee, Tiffeny) (Entered: 04/16/2010)
Letter Motion to Adjourn to Judge Garaufis requesting adjournment of oral argument of Reynolds' Motion to Dismiss Plaintiffs' Second Amended Complaint by R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc. (Seiden, Mark) Modified on 4/16/2010 (Lee, Tiffeny). (Entered: 04/13/2010)
ORDER granting 76 Motion for Leave to Appear Pro Hac Vice as to Gregory G. Katsas. Ordered by Judge Nicholas G. Garaufis on 2/26/2010. (Lee, Tiffeny) (Entered: 03/02/2010)
Notice of MOTION for Leave to Appear Pro Hac Vice Gregory G. Katsas Filing fee $ 25, receipt number 0207-4004032. by Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc.. (Seiden, Mark) (Entered: 02/24/2010)
STIPULATION AND ORDER Regarding Timing for Pre-Answer Motions. Ordered by Judge Nicholas G. Garaufis on 12/17/2009. (Lee, Tiffeny) (Entered: 12/23/2009)
Letter to Judge Garaufis re proposed briefing schedule for motion to dismiss by Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Company (a North Carolina corporation), R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Reynolds American Inc. (Attachments: # 1 Proposed Order Proposed Stipulation and Order) (Seiden, Mark) (Entered: 12/03/2009)
AMENDED COMPLAINT (Second) against R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., Reynolds American Inc., R.J. Reynolds Tobacco Company (a North Carolina corporation), filed by European Community, Portuguese Republic, Kingdom of Spain, Kingdom of the Netherlands, Italian Republic, Republic of Finland, French Republic, Federal Republic of Germany, Kingdom of Belgium, Hellenic Republic, Grand Duchy of Luxembourg, Kingdon of Denmark, Czech Republic, Republic of Lithuania, Republic of Slovenia, Republic of Malta, Republic of Hungary, Republic of Ireland, Republic of Estonia, Republic of Bulgaria, Republic of Latvia, Republic of Poland, Republic of Austria, Kingdom of Sweden, Republic of Cyprus, Slovak Republic, Romania. (Malone, Kevin) (Entered: 11/23/2009)
MEMORANDUM & ORDER: Plaintiffs' Motion to Amend is GRANTED. Plaintiffs have thirty days to file the "Second Amended Complaint." Defendants are free to file a motion to dismiss on any grounds they deem appropriate. The parties should confer and submit a proposed schedule for briefing any motion to dismiss that Defendants wish to make. Ordered by Judge Nicholas G. Garaufis on 10/21/2009. (Lee, Tiffeny) (Entered: 10/23/2009)
RESPONSE in Opposition re 70 Letter MOTION for Hearing re 69 Fully Briefed MOTION for Leave to File a Supplemental Complaint based upon Clarification of Court order, or alternatively, for Leave to Supplement or Amend the Complaint or, As an alternative to oral argument,Letter MOTION for Hearing re 69 Fully Briefed MOTION for Leave to File a Supplemental Complaint based upon Clarification of Court order, or alternatively, for Leave to Supplement or Amend the Complaint or, As an alternative to oral argument, [this is a response to defendants' letter motion dated June 2, 2009] filed by all plaintiffs. (Halloran, John) (Entered: 06/03/2009)
Letter MOTION for Hearing re 69 Fully Briefed MOTION for Leave to File a Supplemental Complaint based upon Clarification of Court order, or alternatively, for Leave to Supplement or Amend the Complaint or, As an alternative to oral argument, defendants respectfully request that they be permitted to file a sur-reply memorandum, not to exceed five pages. by R.J. Reynolds Tobacco Holdings, Inc.. (Seiden, Mark) (Entered: 06/02/2009)
Fully Briefed MOTION for Leave to File a Supplemental Complaint based upon Clarification of Court order, or alternatively, for Leave to Supplement or Amend the Complaint by European Community. (Attachments: # 1 Affidavit in Support of Plaintiffs' Motion for Leave to File a Supplemental Complaint based upon Clarification of Court order, or alternatively, for Leave to Supplement or Amend the Complaint, # 2 Exhibit Exhibit A to Kevin Malone's Affidavit in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 3 Exhibit Exhibit B to Kevin Malone's Affidavit in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 4 Exhibit Exhibit C to Kevin Malone's Affidavit in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 5 Exhibit Exhibit D to Kevin Malone's Affidavit in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 6 Exhibit Exhibit E to Kevin Malone's Affidavit in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 7 Exhibit Exhibit F to Kevin Malone's Affidavit in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 8 Memorandum in Support to Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 9 Certificate of Service for Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint and supporting papers, # 10 Memorandum in Opposition to Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 11 Certificate of Service for Defendants' Memorandum in Opposition to Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 12 Memorandum in Support Reply Memorandum of Law in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint, # 13 Certificate of Service for Plaintiffs' Reply Memorandum of Law in Support of Plaintiffs' Motion for Clarification or for Leave to File a Supplemental or Amended Complaint) (Halloran, John) (Entered: 06/01/2009)
MOTION for Leave to Appear Pro Hac Vice of Kevin A. Malone Filing fee $ 25, receipt number 02070000000003520788. by Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, European Community, Kingdom of Belgium. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order Granting Plaintiffs' Motion to Admit Counsel Pro Hac Vice) (Acevedo, Charles) (Entered: 05/11/2009)
SCHEDULING ORDER: Plaintiffs may file a combined motion to clarify the Court's 5/14/2004 Order and to amend the complaint in this matter. Said motion shall be served on or before 5/5/2009. Defendants' Response to the motion shall be served, on or before 5/22/2009. The Plaintiffs' Reply, if any, shall be served, on or before 6/1/2009. Ordered by Judge Nicholas G. Garaufis on 4/27/2009. (Lee, Tiffeny) (Entered: 04/29/2009)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/16/2009, before Judge Pohorelsky. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Sanders, Melanie) (Entered: 04/28/2009)
ORDER granting 59 Motion and providing directions for further proceedings concerning the plaintiffs' proposed amended complaint. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/16/2009. (Pohorelsky, Viktor) (Entered: 04/16/2009)
Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Pre Motion Conference held on 4/16/2009. See annexed calendar for further details. (Pohorelsky, Viktor) (Entered: 04/16/2009)
MOTION to Substitute Attorney by R.J. Reynolds Tobacco International, Inc.. (Attachments: # 1 Affidavit In Support of Application Pursuant to Local Rule 1.4 for Substitution of Counsel) (LeMoult, Brendan) (Entered: 04/15/2009)
Letter to Honorable Viktor V. Pohorelsky re: plaintiffs' request for a pre-motion conference to address further amendment of plaintiffs' complaint by RJR Nabisco, Inc., R.J. Reynolds Tobacco Company, RJR Acquisition Corp., R.J. Reynolds Tobacco Holdings, Inc. (Seiden, Mark) (Entered: 04/01/2009)
MOTION for /Pre-Motion Conference by Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, European Community, Kingdom of Belgium. (Attachments: # 1 Exhibit Order of May 5, 2004, # 2 Exhibit Order of May 14, 2004) (Malone, Kevin) Modified on 3/27/2009 to correct event(Lee, Tiffeny). (Entered: 03/26/2009)
Letter to Judge Garaufis requesting telephone conference pursuant to Local Rule 37.3(c) or Individual Rule III(A)(2) by Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, European Community, Kingdom of Belgium. (Malone, Kevin) (Entered: 06/13/2006)
Letter to Judge Garaufis requesting hearing pursuant to Local Rule 37.3(c) or Individual Rule III(A)(2) by Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, European Community, Kingdom of Belgium. (Attachments: # 1 Exhibit Doc no 47 - Order of 5-14-04# 2 Exhibit Doc no 48 - Order of 5-5-04)(Malone, Kevin) (Entered: 04/04/2006)
Letter to Judge Garaufis regarding a proposed scheduling order by Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, RJR Nabisco, Inc., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., R.J. Reynolds Tobacco Holdings, Inc., European Community, Kingdom of Belgium. (Malone, Kevin) (Entered: 02/10/2006)
Letter to Judge Garaufis notifying Court of January 9, 2006, US Supreme Court ruling, docket no 05-549, by Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, European Community, Kingdom of Belgium. (Malone, Kevin) (Entered: 01/09/2006)
Letter from Kevin A. Malone, Esquire to Honorable Nicholas G. Garaufis Regarding European Community, et al. v. RJR Nabisco, Inc., et al.. (Halloran, John) (Entered: 10/24/2005)
Letter from Kevin A. Malone to Judge Garaufis Regarding Second Circuit Court of Appeals Opinion dated September 13, 2005. (Attachments: # 1 Exhibit Second Circuit Court of Appeals Opinion dated September 13, 2005)(Malone, Kevin) (Entered: 09/14/2005)
Letter from Mark R. Seiden to Honorable Nicholas G. Garaufis Regarding Second Circuit request for letter briefs on or before May 27, 2005 addressing the Supreme Court's recent decision in Pasquantino. (Attachments: # 1 Exhibit Second Circuit Notice)(Seiden, Mark) (Entered: 05/12/2005)
Letter from Kevin Malone to Judge Garaufis (copy to Judge Pohorelsky) Regarding Order of US Supreme Court on Petition for Writ of Certiorari. (Attachments: # 1 Exhibit Supreme Court Order Granting Petition for Writ of Certiorari)(Malone, Kevin) (Entered: 05/03/2005)
Minute Entry for proceedings held before Nicholas G. Garaufis: Telephone Conference held on 5/5/2004. The current briefing schedule for the defendants' motion to dismiss is stayed until the Supreme Court addresses Plaintiff's Petition for Certiorari. Plaintiffs to notify the Court when the Supreme Court takes any action on the Petition. Plaintiff granted permission to amend its complaint and add new defendants after the RJR - BAT merger occurs. Such new defendants' time to answer is stayed until the first status conference after the Petition for Certiorari is resolved. Parties to submit a stipulation memorializing these plans. (ESR: A. Dandridge) (Lee, Tiffeny) (Entered: 06/29/2004)
STIPULATION AND ORDER regarding timing for amendment of complaint, scheduling of pre-answer motions and stay of discovery. Signed by Judge Nicholas G. Garaufis on March 26, 2004. c/fx-chambers(Lee, Tiffeny) (Entered: 05/17/2004)
Letter from Mark R. Seiden to Honorable Nicholas G. Garaufis Regarding Proposed Scheduling Order. (Attachments: # 1)(Seiden, Mark) (Entered: 05/14/2004)
RESPONSE in Opposition re 42 Letter MOTION to Stay the Present Briefing Schedule filed by European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of the Netherlands, Portuguese Republic, Republic of Finland. (Attachments: # 1 Exhibit Petition for Writ of Certiorari)(Malone, Kevin) (Entered: 04/30/2004)
AMENDED COMPLAINT against R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc., filed by European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of the Netherlands, Portuguese Republic, Republic of Finland.(Malone, Kevin) (Entered: 04/01/2004)
STIPULATION And Proposed Order Regarding Timing for Amendment of Complaint, Scheduling of Pre-Answer Motions and Stay of Discovery by European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of the Netherlands, Portuguese Republic, R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., Republic of Finland. (Seiden, Mark) (Entered: 03/26/2004)
STIPULATION by European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of the Netherlands, Portuguese Republic, R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco, Inc., Republic of Finland. (Seiden, Mark) (Entered: 02/17/2004)
Letter from Mark R. Seiden to Judge Nicholas G. Garaufis Regarding Stipulation Regarding Scheduling. (Attachments: # 1 Stipulation and Proposed Order)(Seiden, Mark) (Entered: 02/17/2004)
Letter from Mark R. Seiden to Honorable Viktor V. Pohorelsky Regarding Adjournment of Initial Case Conference. (Attachments: # 1)(Seiden, Mark) (Entered: 01/15/2004)
ORDER REFERRING MOTION FOR DETERMINATION: Plaintiff's motion to preserve evidence is referred to to Magistrate Judge Viktor Pohorelsky. Signed by Judge Nicholas G. Garaufis on May 28, 2003. (Lee, Tiffeny) (Entered: 05/29/2003)
Letter dated May 20, 2003 from Mark Seiden, counsel for R.J. Reynolds Tobacco Holdings, Inc., et al., writing to clarify the record re the communications re Pltfs.' Motion to Preserve Evidence and requesting that the Court strike Pltfs.' motion from the record, etc. In further explanation, attached is Mr. Plesec's Declaration in Opposition to Pltfs.' Motion To Preserve Evidence. (Attachments: # 1 Mr. Plesec's Declaration in Oppotion to Pltfs.' Mot. to Preserve Evidence)(Vaughn, Terry) (Entered: 05/21/2003)
RESPONSE to Motion re 24 First MOTION for Discovery Order (Proposed) (Jennifer Guerrero) Letter filed by R.J. Reynolds Tobacco International, Inc.. (Attachments: # 1 Exhibit The French Connection, William Safire, The New York Times, March 14, 2003# 2 Exhibit Baghdad's Bidding: Iraq Presses Firms To Forgo Billions In War Reparations, Steve Stecklow and Alix M. Freedman, The Wall Street Journal, June 19, 2002# 3 Exhibit Inspections Are A Waste Of Time, Khidhir Hamza, The Wall Street Journal Europe, February 12, 2003# 4 Exhibit A War For France's Oil, Holman W. Jenkins Jr., The Wall Street Journal, March 19, 2003# 5 Exhibit The Means To Make The Poisons Came From The West, Gary Milhollin and Kelly Motz, The New York Times, April 13, 2003# 6 Exhibit I'm Shocked, Shocked!, Arian Campo-Flores, Kevin Peraino and Mark Hosenball, Newsweek, April 21, 2003# 7 Exhibit France Helped Iraqis Escape, Bill Gertz, The Washington Times, May 6, 2003# 8 Exhibit French Helped Iraq To Stifle Dissent, Alex Spillius and Andrew Sparrow, The Daily Telegraph, April 28, 2003)(Heard, C.) (Entered: 05/15/2003)
Letter from John J. Halloran, Jr. to Hon. Nicholas G. Garaufis Regarding copies of the motion papers in connection with Plaintiffs' motion to preserve evidence. (Halloran, John) (Entered: 05/15/2003)
CERTIFICATE OF SERVICE by European Community re 28 Affidavit in Support of Motion,, 27 Response in Support of Motion, (Jennifer Guerrero) (Halloran, John) (Entered: 05/15/2003)
AFFIDAVIT in Support re 24 First MOTION for Discovery Order (Proposed) (Jennifer Guerrero) of Kevin A. Malone in Support of the Motion of Plaintiffs, The European Community and 10 Member States, to Preserve Evidence (Jennifer Guerrero) filed by European Community. (Halloran, John) (Entered: 05/15/2003)
RESPONSE in Support re 24 First MOTION for Discovery Order (Proposed) (Jennifer Guerrero) Reply Memorandum of Law in Support of Plaintiffs' Motion to Preserve Evidence (Jennifer Guerrero) filed by European Community. (Halloran, John) (Entered: 05/15/2003)
Letter from William Plesec to Honorable Nicholas G. Garaufis Regarding Motion to Preserve Evidence. (Attachments: # 1 Exhibit Declaration of R. Michael Leonard)(Seiden, Mark) (Entered: 05/08/2003)
CERTIFICATE OF SERVICE by European Community re 23 Memorandum in Support, 24 First MOTION for Discovery Order (Proposed) (Jennifer Guerrero), 18 Notice (Other), 19 Affidavit, 20 Exhibit List, 21 Exhibit List, 22 Exhibit List (Jennifer Guerrero) (Halloran, John) (Entered: 05/05/2003)
MEMORANDUM in Support re 18 Notice (Other) of Plaintiff's Motion to Preserve Evidence (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 05/05/2003)
Exhibit List in Support of Motion Exhibits 2-4 (Jennifer Guerrero) by European Community.. (Attachments: # 1 Exhibit 3# 2 Exhibit 4)(Halloran, John) (Entered: 05/05/2003)
ORDER endorsed on hard copy of and regarding 16 letter, - Application granted. The conference is adjourned sine die. Counsel shall advise the court promptly upon receiving the 2nd Circuit decision. So Ordered. Signed MJ Viktor Pohorelsky. (Lee, Tiffeny) (Entered: 03/10/2003)
Letter from Mark Seiden to Honorable Viktor V. Pohorelsky Regarding Case Conference Scheduled for March 27, 2003. (Attachments: # 1 Exhibit Joint Stipulation and Proposed Order)(Seiden, Mark) (Entered: 03/04/2003)
AFFIDAVIT of Service for Summons and Complaint served on Nabisco Group Holdings Corporation on January 16, 2003. (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 02/25/2003)
AFFIDAVIT of Service for Summons and Complaint served on RJ Reynolds Tobacco Holdings on January 31, 2003. (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 02/25/2003)
AFFIDAVIT of Service for Summons and Complaint served on RJ Reynolds Tobacco International Inc., on January 17, 2003. (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 02/25/2003)
AFFIDAVIT of Service for Summons and Complaint served on RJ Reynolds Aquisition Corp., f/k/a Nabisco Group Holdings Corp on January 13,2003. (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 02/25/2003)
AFFIDAVIT of Service for Summons and Complaint served on RJ Reynolds Nabisco Inc., The Prentice Hall Corp Systems Inc., RJ Nabisco Inc. on January 16,2003. (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 02/25/2003)
AFFIDAVIT of Service for Summons and Complaint served on Nabisco Group Holdings Corp. Inc., sued herein as RJR Nabisco Holdings Corp. on January 16, 2003. (Jennifer Guerrero) by European Community. (Halloran, John) (Entered: 02/25/2003)
AFFIDAVIT of Service for Summons and Complaint served on RJ Reynolds Tobacco Co., Prentice Hall Corp Systems Inc., RJ Nabisco Inc. on December 18,2002. ( see court file for hard copy) (Guerrero, Jennifer) by European Community. (Halloran, John) (Entered: 02/25/2003)
JOINT STIPULATION AND PROPOSED ORDER REGARDING TIMING FOR FILING OF PRE-ANSWER MOTIONS AND OTHER RESPONSIVE PLEADINGS. (Signed by Judge Nicholas G. Garaufis on 2/14/2003). (Piper, Francine) (Entered: 02/25/2003)
Letter from Mark R. Seiden to Judge Garaufis regarding Scheduling Issues. (Attachments: # 1 Enclosure of Joint Stipulation and Proposed Order)(Seiden, Mark) (Entered: 02/12/2003)
STIPULATION and Proposed Order submitted jointly by all parties and filed by R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp.. (Seiden, Mark) (Entered: 02/12/2003)
First MOTION for Leave to Appear Pro Hac Vice by R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp.. (Attachments: # 1 Affidavit of Mark Seiden, and Exhibits A-D)(Seiden, Mark) (Entered: 02/10/2003)
AFFIDAVIT of Service for Summons and Complaint served on RJ Reynolds Tobacco Co., Prentice Hall Corp Systems Inc., RJ Nabisco Inc. on December 19, 2002. (see court file for hard copy) (Lee, Tiffeny) (Entered: 01/17/2003)
COMPLAINT against R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., RJR Nabisco Holdings Corp., RJR Nabisco, Inc. and summons issued. (Filing fee $ 150.) The Receipt number 268767. , filed by European Community, Federal Republic of Germany, French Republic, Grand Duchy of Luxembourg, Hellenic Republic, Italian Republic, Kingdom of Belgium, Kingdom of Spain, Kingdom of the Netherlands, Portuguese Republic, Republic of Finland. (Attachments: # 1 Civil Cover Sheet)(Joe, Victor) (Entered: 10/31/2002)
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