U.S. Smokeless Tobacco Manufacturing Company LLC et al v. City of New York
Federal Civil Lawsuit New York Southern District Court, Case No. 1:09-cv-10511
District Judge Colleen McMahon, presiding

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No Logo U.s. Smokeless Tobacco Brands Inc., Plaintiff

Represented by Arnold & Porter, LLP

Toggle Switch Represented by Boies, Schiller & Flexner, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Boies, II +1 914 749 8200 +1 914 749 8300 dboies@bsfllp.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Edward John Normand +1 914 749 8237 +1 914 749 8300 enormand@bsfllp.com
No Logo U.s. Smokeless Tobacco Manufacturing Company, LLC, Plaintiff

Represented by Arnold & Porter, LLP

Toggle Switch Represented by Boies, Schiller & Flexner, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Boies, II +1 914 749 8200 +1 914 749 8300 dboies@bsfllp.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Edward John Normand +1 914 749 8237 +1 914 749 8300 enormand@bsfllp.com
v.
City of New York City of New York, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michelle L. Goldberg-Cahn +1 212 788 0303 +1 212 791 9714 migoldbe@law.nyc.gov

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sherrill Kurland +1 212 788 0821 +1 212 791 9714 skurland@law.nyc.gov
Citation Section 28 U.S.C. § 1331
Nature of Suit 950 - Other Statutes: Constitutionality of State Statutes
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Legal Document (Payment Possibly Required) 44 Filed: 12/12/2011, Entered: None
NOTICE OF APPEAL from 43 Clerk's Judgment, 42 Order on Motion for Summary Judgment,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. Filing fee $ 455.00, receipt number 0208-7012941. (Zimroth, Peter) (Entered: 12/12/2011)
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    Legal Document (Payment Possibly Required) 43 Filed: 11/15/2011, Entered: None
    CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated November 15, 2011, plaintiffs motion for summary judgment is denied; the Citys cross-motion is granted; and the complaint in this matter is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/15/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 11/15/2011)
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      Legal Document (Payment Possibly Required) 42 Filed: 11/15/2011, Entered: None Court Filing
      MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S CROSS-MOTION, AND DISMISSING THE COMPLAINT. For the foregoing reasons, and for those stated in the PI Order, Plaintiffs' motion for summary judgment (No. 30) is DENIED, the City's cross-motion (No. 35) is GRANTED, and the complaint in this matter is dismissed. The clerk is directed to remove the motions at docket numbers 30 and 35 from the Court's active motion list, and to terminate the case from the docket. Denying 30 Motion for Summary Judgment; Granting 35 Motion for Summary Judgment. (Signed by Judge Colleen McMahon on 11/15/2011) Copies Sent By Chambers via ECF. (rjm) (Entered: 11/15/2011)
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        Legal Document (Payment Possibly Required) 41 Filed: 8/10/2011, Entered: None
        REPLY MEMORANDUM OF LAW in Support re: 35 CROSS MOTION for Summary Judgment.. Document filed by City of New York. (Goldberg-Cahn, Michelle) (Entered: 08/10/2011)
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          Legal Document (Payment Possibly Required) 40 Filed: 7/15/2011, Entered: None
          COUNTER STATEMENT TO 38 Rule 56.1 Statement. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. (Zimroth, Peter) (Entered: 07/15/2011)
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            Legal Document (Payment Possibly Required) 39 Filed: 7/15/2011, Entered: None
            MEMORANDUM OF LAW in Opposition re: 35 CROSS MOTION for Summary Judgment.. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. (Zimroth, Peter) (Entered: 07/15/2011)
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              Legal Document (Payment Possibly Required) 38 Filed: 5/17/2011, Entered: None
              RULE 56.1 STATEMENT. Document filed by City of New York. (Goldberg-Cahn, Michelle) (Entered: 05/17/2011)
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                Legal Document (Payment Possibly Required) 37 Filed: 5/17/2011, Entered: None
                MEMORANDUM OF LAW in Support re: 35 CROSS MOTION for Summary Judgment., 30 MOTION for Summary Judgment. Memo of Law in Support of Cross-Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment. Document filed by City of New York. (Goldberg-Cahn, Michelle) (Entered: 05/17/2011)
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                  Legal Document (Payment Possibly Required) 36 Filed: 5/17/2011, Entered: None
                  DECLARATION of Sherrill Kurland in Support re: 35 CROSS MOTION for Summary Judgment., 30 MOTION for Summary Judgment.. Document filed by City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, part 1, # 10 Exhibit I, part 2, # 11 Exhibit I, part 3, # 12 Exhibit J, # 13 Exhibit K)(Goldberg-Cahn, Michelle) (Entered: 05/17/2011)
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                    Legal Document (Payment Possibly Required) 35 Filed: 5/17/2011, Entered: None
                    CROSS MOTION for Summary Judgment. Document filed by City of New York. Responses due by 7/15/2011(Goldberg-Cahn, Michelle) (Entered: 05/17/2011)
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                      Legal Document (Payment Possibly Required) 34 Filed: 3/15/2011, Entered: None
                      AFFIDAVIT of William D. O'Connell in Support re: 30 MOTION for Summary Judgment.. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-8)(Zimroth, Peter) (Entered: 03/15/2011)
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                        Legal Document (Payment Possibly Required) 33 Filed: 3/15/2011, Entered: None
                        DECLARATION of Bruce R. Kelly in Support re: 30 MOTION for Summary Judgment.. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. (Attachments: # 1 Exhibit 1-9)(Zimroth, Peter) (Entered: 03/15/2011)
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                          Legal Document (Payment Possibly Required) 32 Filed: 3/15/2011, Entered: None
                          RULE 56.1 STATEMENT. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. (Zimroth, Peter) (Entered: 03/15/2011)
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                            Legal Document (Payment Possibly Required) 31 Filed: 3/15/2011, Entered: None
                            MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment.. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC. (Zimroth, Peter) (Entered: 03/15/2011)
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                              Legal Document (Payment Possibly Required) 30 Filed: 3/15/2011, Entered: None Motion for Summary Judgment
                              MOTION for Summary Judgment. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC.(Zimroth, Peter) (Entered: 03/15/2011)
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                                Legal Document (Payment Possibly Required) 29 Filed: 2/17/2011, Entered: None Court Filing
                                STIPULATION AND JOINT REQUEST FOR AMENDMENT OF CIVIL CASE MANAGEMENT PLAN Plaintiffs' expert reports disclosed by 2/28/11. Plaintiffs' dispositive matters served by 3/15/11; Defendant's response and cross-motion served by 5/18/11; Plaintiffs' reply and response to Defendant's cross-motion served by 7/15/11; Defendants' reply served by 8/10/11 and all papers re Cross Motion filed by 8/10/2011 and all papers re Motion filed by 8/10/2011. In the event the Court denies summary judgment on the ground that a factual issue must be tried before the preemption issue can be determined, the parties will confer in good faith to determine what additional discovery, if any, will be needed for such a trial. The parties will submit a joint pretrial order to the Court within 30 days of any such decision of the Court. Plaintiffs' Second and Third Causes of Action in the Complaint are dismissed with prejudice and without costs. (Signed by Judge Colleen McMahon on 2/16/11) (cd) (Entered: 02/17/2011)
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                                  Legal Document (Payment Possibly Required) 28 Filed: 2/17/2011, Entered: None Court Filing
                                  ENDORSED LETTER addressed to Judge Colleen McMahon from Peter Zimroth dated 2/16/11 re: The parties have agreed to streamline the case, probably without trial and quicker than the existing Case Management Plan. ENDORSEMENT: I am DELIGHTED by your suggestion! (Signed by Judge Colleen McMahon on 2/17/11) (cd) (Entered: 02/17/2011)
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                                    Legal Document (Payment Possibly Required) 27 Filed: 1/13/2011, Entered: None Court Filing
                                    ORDER granting 26 Motion for Matthew Adam Eisenstein to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 1/13/2011) (js) (Entered: 01/13/2011)
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                                      Legal Document (Payment Possibly Required) 26 Filed: 1/6/2011, Entered: None
                                      MOTION for Matthew Adam Eisenstein to Appear Pro Hac Vice. Document filed by U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC.(mro) (Entered: 01/11/2011)
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                                        Legal Document (Payment Possibly Required) 25 Filed: 12/14/2010, Entered: None Court Filing
                                        CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This Stipulation incorporates the attached addendum by reference, as the parties advised the Court in a letter dated 12/13/2010. ADDENDUM ATTACHED HEREIN. (Signed by Judge Colleen McMahon on 12/14/2010) (jfe) (Entered: 12/14/2010)
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                                          Legal Document (Payment Possibly Required) 24 Filed: 11/8/2010, Entered: None Court Filing
                                          ENDORSED LETTER addressed to Judge Collen McMahon from David Boies dated 11/5/10 re: the parties jointly requests for the Court's approval and Order for an Amended Civil Case Management Plan for reasons that were not previously foreseen, as outlined in this letter. The proposed revised Civil Case Managment Plan signed by the parties is transmitted herewith. ENDORSEMENT: Note my modification to conform with my rules. (Signed by Judge Colleen McMahon on 11/8/10) (pl) Modified on 11/8/2010 (pl). Modified on 11/8/2010 (pl). (Entered: 11/08/2010)
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                                            Legal Document (Payment Possibly Required) 23 Filed: 11/8/2010, Entered: None Court Filing
                                            STIPULATION AND JOINT REQUEST FOR AMENDMENT OF CIVIL CASE MANAGEMENT PLAN, that all discovery complete on or before by June 17, 2011; All motion papers filed on the docket by October 6, 2011; Joint pretrial order to be submitted to the Court on or before July 15, 2011. Additional relief as set forth in this Order. (Signed by Judge Colleen McMahon on 11/8/10) (pl) (Entered: 11/08/2010)
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                                              Legal Document (Payment Possibly Required) 22 Filed: 10/12/2010, Entered: None
                                              NOTICE OF APPEARANCE by Peter L. Zimroth on behalf of U.S. Smokeless Tobacco Brands Inc., U.S. Smokeless Tobacco Manufacturing Company LLC (Zimroth, Peter) (Entered: 10/12/2010)
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                                                Legal Document (Payment Possibly Required) 21 Filed: 8/18/2010, Entered: None Court Filing
                                                MEMO ENDORSEMENT on Rules Governing Electronic Discovery. It's ordered. (Signed by Judge Colleen McMahon on 8/18/2010) (jmi) (Entered: 08/18/2010)
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                                                  Legal Document (Payment Possibly Required) 20 Filed: 8/18/2010, Entered: None Court Filing
                                                  CASE MANAGEMENT PLAN: Discovery due by 1/14/2011, Pretrial Order due by 2/18/2011. Accordingly, the parties seek to adjust the remaining discovery deadlines in order to account for these unforeseen events. The parties have not requested any previous amendments to the civil case management plan in this case as set forth in this order. SO ORDERED. (Signed by Judge Colleen McMahon on 8/18/2010) (jmi) (Entered: 08/18/2010)
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                                                    Legal Document (Payment Possibly Required) 19 Filed: 4/30/2010, Entered: None Court Filing
                                                    CIVIL CASE MANAGEMENT PLAN: This case is not to be tried to a jury. Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by 6/1812010. All discovery, including expert discovery, must he completed on or before 10/28/2010. (For personal injury, civil rights, employment discrimination or medical malpractice cases only): Plaintiff's deposition shall be taken first, and shall be completed by N/A. PLEASE NOTE: the phrase "all discovery, including expert discovery" means that the parties must select and disclose their experts' identities and opinions, as required by Fed. R. Civ. P. 26(a)(2)(8), well before the expiration of the discovery period. Expert disclosures conforming with Rule 26 must be made no later than the following dates: Plaintiff(s) expert report(s) by 9/13/2010; Defendant(s) expert report(s) by 10/13/2010. Plaintiffs shall identify their experts by name and subject matter on or before 8/13/2010. Judge McMahon's Rules governing electronic discovery apply automatically to this case. The parties must comply with those rules unless they supersede it with a consent order. The text of the order will be found at www.nysd.uscourts.gov. The parties shall present a stipulation to the Court with an alternative electronic discovery protocol that supersedes Judge McMahon's rules on or before 6/11/2010. Amended Pleadings due by 7/16/2010. Joinder of Parties due by 6/4/2010. Discovery due by 10/28/2010. Pretrial Order due by 12/6/2010. (Signed by Judge Colleen McMahon on 4/30/2010) (jmi) (Entered: 05/03/2010)
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                                                      Legal Document (Payment Possibly Required) 18 Filed: 4/23/2010, Entered: None Court Filing
                                                      ORDER: Pretrial Conference set for 4/30/2010 at 02:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. So Ordered. (Signed by Judge Colleen McMahon on 4/23/2010) (tve) (Entered: 04/23/2010)
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                                                        Blank 17 Filed: 3/23/2010, Entered: None Court Filing
                                                        MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION re: 7 MOTION for Preliminary Injunction. Plaintiffs' motion for a preliminary injunction (docket no. 7) is denied. The Clerk of the Court is instructed remove the motion at docket no. 7 from the Court's outstanding motion list. (Signed by Judge Colleen McMahon on 3/22/10); copies mailed by chambers.(djc) (Additional attachment(s) added on 8/11/2010: # 1 order) (mde). (Entered: 03/23/2010)
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                                                          Legal Document (Payment Possibly Required) 16 Filed: 3/17/2010, Entered: None Court Filing
                                                          MEMORANDUM: The Court wishes to advise the parties that it will release its decision and order resolving plaintiffs' motion for a preliminary injunction on Friday, March 19, 2010, unless the parties inform the Court that there has been a change in the status of the motion. (Signed by Judge Colleen McMahon on 3/17/2010) (jar) (Entered: 03/17/2010)
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                                                            Legal Document (Payment Possibly Required) 15 Filed: 2/18/2010, Entered: None Court Filing
                                                            TRANSCRIPT of proceedings held on 1/29/2010 before Judge Colleen McMahon. (dnd) (Entered: 02/25/2010)
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                                                              Legal Document (Payment Possibly Required) 14 Filed: 2/10/2010, Entered: None
                                                              REPLY MEMORANDUM OF LAW in Support re: 7 MOTION for Preliminary Injunction.. Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC, U.S. Smokeless Tobacco Brands Inc.. (Normand, Edward) (Entered: 02/10/2010)
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                                                                Legal Document (Payment Possibly Required) 13 Filed: 2/8/2010, Entered: None
                                                                NOTICE OF APPEARANCE by Michelle L. Goldberg-Cahn on behalf of City of New York (Goldberg-Cahn, Michelle) (Entered: 02/08/2010)
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                                                                  Legal Document (Payment Possibly Required) 12 Filed: 2/8/2010, Entered: None
                                                                  MEMORANDUM OF LAW in Opposition re: 7 MOTION for Preliminary Injunction.. Document filed by City of New York. (Goldberg-Cahn, Michelle) (Entered: 02/08/2010)
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                                                                    Legal Document (Payment Possibly Required) 11 Filed: 2/8/2010, Entered: None
                                                                    DECLARATION of Sherrill Kurland in Opposition re: 7 MOTION for Preliminary Injunction.. Document filed by City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Goldberg-Cahn, Michelle) (Entered: 02/08/2010)
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                                                                      Legal Document (Payment Possibly Required) 10 Filed: 1/28/2010, Entered: None Court Filing
                                                                      CALENDAR NOTICE: ( Pretrial Conference set for 1/29/2010 at 09:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) So Ordered (Signed by Judge Colleen McMahon on 1/28/2010) (js) (Entered: 01/28/2010)
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                                                                        Legal Document (Payment Possibly Required) 9 Filed: 1/26/2010, Entered: None
                                                                        DECLARATION of Edward Normand in Support re: 7 MOTION for Preliminary Injunction.. Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC, U.S. Smokeless Tobacco Brands Inc.. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 - Part 1, # 9 Exhibit 7 - Part 2, # 10 Exhibit 7 - Part 3, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14)(Normand, Edward) (Entered: 01/26/2010)
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                                                                          Legal Document (Payment Possibly Required) 8 Filed: 1/26/2010, Entered: None
                                                                          MEMORANDUM OF LAW in Support re: 7 MOTION for Preliminary Injunction.. Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC, U.S. Smokeless Tobacco Brands Inc.. (Normand, Edward) (Entered: 01/26/2010)
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                                                                            Legal Document (Payment Possibly Required) 7 Filed: 1/26/2010, Entered: None
                                                                            MOTION for Preliminary Injunction. Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC, U.S. Smokeless Tobacco Brands Inc..(Normand, Edward) (Entered: 01/26/2010)
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                                                                              Blank 6 Filed: 1/19/2010, Entered: 1/19/2010 Answer
                                                                              ANSWER to Complaint. Document filed by City of New York.(Kurland, Sherrill) (Entered: 01/19/2010)
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                                                                                Legal Document (Payment Possibly Required) 5 Filed: 1/14/2010, Entered: 1/14/2010 Order for Initial Pretrial ConferenceCourt Filing
                                                                                ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 3/12/2010 at 11:15 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/14/2010) (jpo) (Entered: 01/14/2010)
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                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 12/30/2009, Entered: 12/30/2009 Affidavit of Service Complaints
                                                                                  AFFIDAVIT OF SERVICE. City of New York served on 12/29/2009, answer due 1/19/2010. Service was accepted by Dmitriy Aronov - Managing Agent. Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC; U.S. Smokeless Tobacco Brands Inc.. (Normand, Edward) (Entered: 12/30/2009)
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                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 12/28/2009, Entered: 12/30/2009 Rule 7.1 Corporate Disclosure Statement
                                                                                    RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Altria Group, Inc. as Corporate Parent. Document filed by U.S. Smokeless Tobacco Brands Inc..(rdz) (ama). (Entered: 12/30/2009)
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                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 12/28/2009, Entered: 12/30/2009 Rule 7.1 Corporate Disclosure Statement
                                                                                      RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Altria Group, Inc. as Corporate Parent. Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC.(rdz) (ama). (Entered: 12/30/2009)
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                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 12/28/2009, Entered: 12/30/2009 Complaint
                                                                                        COMPLAINT against City of New York. (Filing Fee $ 350.00, Receipt Number 12/28/09)Document filed by U.S. Smokeless Tobacco Manufacturing Company LLC, U.S. Smokeless Tobacco Brands Inc..(rdz) (ama). (Entered: 12/30/2009)
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