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United States v. Philip MOrris USA Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


October 20, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PHILIP MORRIS USA INC., F/K/A PHILIP MORRIS INC., ET AL., DEFENDANTS.

Order # 419

In Order #411 the Court found BATCo in conditional civil contempt for its failure to comply with Orders #343 and #354. BATCo was ordered to purge itself of contempt by fully complying with Order #343 and producing to the United States or logging as privileged the documents encompassed within that Order no later than 9:00 a.m. EST on October 17, 2003. BATCo was further ordered to notify the Court of its compliance with the Court's Order by filing a status report no later than 11:00 a.m. EST on October 17, 2003. Order #411 stated that"BATCo's failure to come into compliance with Order #343 will lead to the imposition of a fine of $25,000 per day of non-compliance, to be paid into the Registry of the Court." Order #411 at 2.

Pursuant to Order #411, BATCo filed a status report with the Court on October 17, 2003. However, the status report does not indicate that BATCo has complied with Order #411 by producing or logging as privileged the documents encompassed within Order #343.*fn1

In light of BATCo's non-compliance with Orders #343, #354 and #411, it is hereby

ORDERED that BATCo deposit into the Registry of the Court $25,000 per day until such time as BATCo comes into compliance with Order #343.

Gladys Kessler, United States District Court Judge.


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