| Court: | ohnd |
| Docket #: | 5:10-cv-01741 |
| Case Name: | Phillips et al v. Altria Group, Inc. et al |
| PACER case #: | 167947 |
| Date filed: | 2010-08-09 |
| Date of last filing: | 2010-08-13 |
| Assigned to: | Judge Sara Lioi |
| Referred to: | Magistrate Judge George J. Limbert |
| Case Cause: | 28:1332 Diversity-Fraud |
| Nature of Suit: | 370 Fraud or Truth-In-Lending |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Eva Marie Phillips Plaintiff on behalf of herself and others similarly situated |
A. Russell Smith Gerson H. Smoger R. Bryan Nace Terence E. Scanlon |
| Greg A. Phillips Plaintiff on behalf of themselves and others similarly situated TERMINATED: 05/21/2013 |
A. Russell Smith Gerson H. Smoger R. Bryan Nace Terence E. Scanlon |
| Altria Group, Inc. Defendant TERMINATED: 11/05/2013 formerly known asPhilip Morris Companies, Inc. TERMINATED: 11/05/2013 |
Anthony R. Petruzzi Diane P. Chapman Patrick M. McLaughlin Sean T. Lavin |
| Philip Morris USA Inc. Defendant also known asPhilip Morris Inc. also known asPhilip Morris USA Incorporated formerly known asPhilip Morris Incorporated |
David E. Kouba Erik W. Snapp Frank P. Kelly , III John C. Massaro Judith Bernstein-Gaeta Diane P. Chapman |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-08-09 | 1 | 0 | Complaint | Complaint with jury demand against Philip Morris Companies, Inc. & Philip Morris Incorporated. Filing fee paid. Receipt # 14660038924. Filed by Eva Marie Phillips & Greg A. Phillips. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (C,BA) (Entered: 08/10/2010) | 2010-08-17 18:37:11 | 086b32c580cd9121dc789c3d9b72fcdf108d626f |
| 1 | 1 | Exhibit | ||||
| 1 | 2 | Civil Cover Sheet | ||||
| 2010-08-11 | 2 | 0 | Initial Order | Initial Standing Order. Judge Sara Lioi on 8/11/2010. (P,J) (Entered: 08/11/2010) | ||
| 2010-08-24 | 3 | 0 | Motion by Terence E. Scanlon to withdraw as attorney filed by Eva Marie Phillips, Greg A. Phillips. (S,HR) (Entered: 08/24/2010) | |||
| 2010-09-14 | 4 | 0 | Conditional Transfer Order CTO-9 by Judicial Panel on Multidistrict Litigation. In re: MDL 2068 Light Cigarettes Marketing and Sales Practices Litigation. Case transferred to the District of Maine and assigned to the Honorable John A. Woodcock, Jr. (S,R) (Entered: 09/14/2010) | |||
| 2012-05-03 | 5 | 0 | Attorney Appearance of Patrick M. McLaughlin, Anthony R. Petruzzi and Sean T. Lavin by Patrick M. McLaughlin filed by on behalf of Philip Morris Companies, Inc.. (McLaughlin, Patrick) (Entered: 05/03/2012) | |||
| 2012-05-03 | 6 | 0 | Objection to Defendants' Designation of Record on Remand filed by Eva Marie Phillips, Greg A. Phillips. (Smith, A.) Modified text on 5/4/2012 (R,Sh). (Entered: 05/03/2012) | |||
| 2012-05-08 | 7 | 0 | Attorney Appearance by Diane P. Chapman filed by on behalf of Philip Morris Incorporated. (Chapman, Diane) (Entered: 05/08/2012) | |||
| 2012-05-08 | 8 | 0 | Notice of Name Change filed by Philip Morris Incorporated. (Chapman, Diane) (Entered: 05/08/2012) | |||
| 2012-05-08 | 9 | 0 | Motion for attorney John C. Massaro to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5338726, filed by Defendant Philip Morris Incorporated. (Attachments: # 1 Affidavit)(Chapman, Diane) (Entered: 05/08/2012) | |||
| 2012-05-08 | 10 | 0 | Motion for attorney David E. Kouba to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5338754, filed by Defendant Philip Morris Incorporated. (Attachments: # 1 Affidavit)(Chapman, Diane) (Entered: 05/08/2012) | |||
| 2012-05-08 | 11 | 0 | Defendants' Response to Plaintiffs' Objection to Defendants' Designation of Record on Remand filed by Philip Morris Incorporated. Related document(s) 6 . (Attachments: # 1 Exhibit Conditional Transfer Order CTO-9, # 2 Exhibit MDL Guide, # 3 Exhibit Manual for Complex Litigation) (Chapman, Diane) (Entered: 05/08/2012) | |||
| 2012-05-14 | 12 | 0 | Reply to Defendants' Response to Plaintiffs' Objection filed by All Plaintiffs. Attorney Smith will be filing an amended Reply. (Smith, A.) Modified text on 5/14/2012 (M,TL). (Entered: 05/14/2012) | |||
| 2012-05-14 | 13 | 0 | Notice of Name Change of Philip Morris Companies Inc. filed by Philip Morris Companies, Inc.. (McLaughlin, Patrick) (Entered: 05/14/2012) | |||
| 2012-05-14 | 14 | 0 | Amended Reply to Response to Objection to Defendants' Designation of Record on Remand filed by All Plaintiffs. Related document(s) 6 . (Smith, A.) Modified text on 5/15/2012 (R,Sh). (Entered: 05/14/2012) | |||
| 2012-05-21 | 15 | 0 | Order of remand from District of Maine to Northern District of Ohio. Case Reopened. (Attachments: # 1 Designation of Record, # 2 order on objection to remand, # 3 09-2068 docket, # 4 10-381 docket, # 5 Transfer Letter)(S,J) Modified text on 5/22/2012 (S,HR). (Additional attachment(s) added on 5/23/2012: # 6 SEALED Exhibit A to Plaintiffs' Memorandum [District of Main Doc 187-1]) (S,R). (Entered: 05/21/2012) | |||
| 2012-06-14 | 16 | 0 | Motion for judgment on the pleadings on Plaintiffs' Class Action Claims Under the Ohio Consumer Sales Practices Act filed by Altria Group, Inc., Philip Morris USA Inc.. (Attachments: # 1 Brief in Support Memorandum in Support of Defendants' Motion for Partial Judgment on the Pleadings on Plfs' Class Action Claims Under the Ohio Consumer Sales Practices Act, # 2 Exhibit Ex. 1 - Complaint, Phillips I, # 3 Exhibit Ex. 2 - 9-5-2001 ORder Phillips I, # 4 Exhibit Ex. 3 - 9-23-2003 Judgment Entry, Phillips I, # 5 Exhibit Ex. 4 - Notice of Appeal, Phillips I, # 6 Exhibit Ex. 5 - Altria Group, Inc.'s Notice of Stipulation, Phillips I, # 7 Exhibit Ex. 6 - Notice of Cross Appeal, Phillips I, # 8 Exhibit Ex. 7 - Mot. for Leave to File an Am. Complaint, Phillips I, # 9 Exhibit Ex. 8 - 6-10-2009 Order, Phillips I, # 10 Exhibit Ex. 9 - Pls.' Notice of Dismissal of All Defendants, Phillip I, # 11 Exhibit Ex. 10 - Redline comparing Phillips I complaint with plaintiffs' Complaint)(Chapman, Diane) (Entered: 06/14/2012) | |||
| 2012-06-14 | 17 | 0 | Motion for judgment on the pleadings on Plaintiffs' Claims Under the Ohio Deceptive Trade Practices Act filed by Altria Group, Inc., Philip Morris USA Inc.. (Attachments: # 1 Brief in Support Memorandum in Support of Defendants' Motion on the Pleadings on Plaintiffs' Claims Under the Ohio Deceptive Trade Practices Act, # 2 Exhibit Ex. 1 - Decision Entry - 9-23-2004, # 3 Exhibit Ex. 2 - Phillips State Court Complaint, # 4 Exhibit Ex. 3 - Order 6-10-2009)(Chapman, Diane) (Entered: 06/14/2012) | |||
| 2012-07-16 | 18 | 0 | Unopposed Motion for extension of Time to Respond to Defendants' Motions to Dismiss until August 8, 2012 filed by Eva Marie Phillips, Greg A. Phillips. Related document(s) 16 , 17 . (Attachments: # 1 Proposed Order)(Smith, A.) (Entered: 07/16/2012) | |||
| 2012-08-08 | 19 | 0 | Response in Opposition to 17 Motion for judgment on the pleadings on Plaintiffs' Claims Under the Ohio Deceptive Trade Practices Act filed by All Plaintiffs. (Attachments: # 1 Exhibit Ohio LSC Analysis of original DTPA)(Smith, A.) Modified text on 8/9/2012 (R,Sh). (Entered: 08/08/2012) | |||
| 2012-08-08 | 20 | 0 | Response to 16 Motion for judgment on the pleadings on Plaintiffs' Class Action Claims Under the Ohio Consumer Sales Practices Act filed by All Plaintiffs. (Smith, A.) (Entered: 08/08/2012) | |||
| 2012-08-10 | 21 | 0 | Motion for leave to File Instanter Plaintiffs Amended Response To Defendants Motion For Partial Judgment On The Pleadings On Plaintiffs Class Action Claims Under The Ohio Consumer Sales Practices Act filed by Eva Marie Phillips, Greg A. Phillips. Related document(s) 20 . (Smith, A.) (Entered: 08/10/2012) | |||
| 2012-08-10 | 22 | 0 | Amended Response to 16 Motion for judgment on the pleadings on Plaintiffs' Class Action Claims Under the Ohio Consumer Sales Practices Act filed by All Plaintiffs. (Smith, A.) Modified text on 8/13/2012 (R,Sh). (Entered: 08/10/2012) | |||
| 2012-08-10 | 23 | 0 | Motion for leave to File Instanter Plaintiffs Amended Response In Opposition To Defendants Motion For Judgment On The Pleadings On Plaintiffs Claims Under The Ohio Deceptive Trade Practices Act filed by Eva Marie Phillips, Greg A. Phillips. Related document(s) 19 . (Smith, A.) (Entered: 08/10/2012) | |||
| 2012-08-10 | 24 | 0 | Amended Response to 17 Motion for judgment on the pleadings on Plaintiffs' Claims Under the Ohio Deceptive Trade Practices Act, 23 Motion for leave to File Instanter Plaintiffs Amended Response In Opposition To Defendants Motion For Judgment On The Pleadings On Plaintiffs Claims Under The Ohio Deceptive Trade Practices Act filed by All Plaintiffs. (Attachments: # 1 Exhibit Ohio LSC Analysis of original Ohio DTPA)(Smith, A.) Modified text on 8/13/2012 (R,Sh). (Entered: 08/10/2012) | |||
| 2012-08-27 | 25 | 0 | Reply Memorandum in Support of 16 Motion for partial judgment on the pleadings on Plaintiffs' Class Action Claims Under the Ohio Consumer Sales Practices Act filed by Philip Morris USA Inc.. (Chapman, Diane) Modified text on 8/28/2012 (R,Sh). (Entered: 08/27/2012) | |||
| 2012-08-27 | 26 | 0 | Reply in support of 17 Motion for judgment on the pleadings on Plaintiffs' Claims Under the Ohio Deceptive Trade Practices Act filed by Philip Morris USA Inc.. (Chapman, Diane) Modified text on 8/28/2012 (R,Sh). (Entered: 08/27/2012) | |||
| 2012-08-31 | 27 | 0 | Joint Motion for oral argument filed by Altria Group, Inc., Philip Morris USA Inc., Eva Marie Phillips, Greg A. Phillips. Related document(s) 16 , 17 . (Chapman, Diane) (Entered: 08/31/2012) | |||
| 2012-09-12 | 28 | 0 | Case Management Conference Scheduling Order. Case management conference to be held on 10/18/2012 at 12:00 PM in Chambers 526, U.S. District Court, Akron, before Judge Sara Lioi. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 9/27/2012. All other parties must serve on opposing parties the initial disclosures by 10/4/2012. Judge Sara Lioi on 9/12/2012. (P,J) (Entered: 09/12/2012) | |||
| 2012-09-12 | 29 | 0 | Magistrate Consent Package issued. (P,J) (Entered: 09/12/2012) | |||
| 2012-09-24 | 30 | 0 | Joint Motion to excuse appearance of the Parties From Attending the Case Management Conference and to Defer Exchange of Pretrial Disclosures Until After Resolution of Class Certification filed by Altria Group, Inc., Philip Morris USA Inc., Eva Marie Phillips, Greg A. Phillips. (Chapman, Diane) (Entered: 09/24/2012) | |||
| 2012-10-15 | 31 | 0 | Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Parties. (Smith, A.) (Entered: 10/15/2012) | |||
| 2012-10-19 | 32 | 0 | Case Management Plan: Case is assigned to the complex track. Deadline to Amend Pleadings 12/31/2012; Deadline for Completing Rule 23 Discovery 5/31/2013; All Parties to Disclose Fact Witnesses for Purposes of Rule 23 Discovery no later than 1/18/2013; Deadline for Plaintiff(s) to Identify Expert(s) and Provide Reports Regarding Class Certification Issues (if any) 2/18/2013; Deadline for Completing Depositions of Plaintiff(s)' Class Experts (if any) 3/18/2013; Deadline for Defendant(s) to Identify Expert(s) and Provide Reports Regarding Class Certification Issues (if any) 4/18/2013; Deadline for Plaintiff's Motion for Class Certification 7/1/2013; Deadline for Defendant's Opposition to Plaintiff(s)' Class Certification 8/1/2013; Deadline for Plaintiff(s)' Reply Brief 8/15/2013; Hearing regarding Class Certification Issues 8/30/2013 at 1:00 PM. Judge Sara Lioi on 10/19/2012. (P,J) (Entered: 10/19/2012) | |||
| 2012-11-30 | 33 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 11/30/2012) | |||
| 2012-12-13 | 34 | 0 | Motion for extension of time to Respond to Defendant Philip Morris USA's Discovery Requests until January 11, 2013 filed by Eva Marie Phillips, Greg A. Phillips. Related document 33 . (Smith, A.) Modified text on 12/14/2012 (M,TL). (Entered: 12/13/2012) | |||
| 2012-12-14 | 35 | 0 | Amended Motion for extension of For Responding to Interrogatories, Requests for Production, and Requests for Admissions until January 11, 2013 filed by Eva Marie Phillips, Greg A. Phillips. (Smith, A.) (Entered: 12/14/2012) | |||
| 2012-12-14 | 36 | 0 | Response to 34 Motion for extension of Time to Respond to Interrogatories, Requests for Admissions, and Requests for Production until January 11, 2013, 35 Amended Motion for extension of For Responding to Interrogatories, Requests for Production, and Requests for Admissions until January 11, 2013 filed by Philip Morris USA Inc. (Chapman, Diane) Modified text on 12/17/2012 (R,Sh). (Entered: 12/14/2012) | |||
| 2013-01-08 | 37 | 0 | Notice of Firm Name Change filed by Altria Group, Inc.. (McLaughlin, Patrick) (Entered: 01/08/2013) | |||
| 2013-01-08 | 38 | 0 | Motion for extension of Deadline to apply for admission or be admitted pro hac vice until such time as the Court deems appropriate filed by Eva Marie Phillips, Greg A. Phillips. (Smith, A.) (Entered: 01/08/2013) | |||
| 2013-01-17 | 39 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 01/17/2013) | |||
| 2013-01-18 | 40 | 0 | Defendants' Disclosure of Potential Fact Witnesses filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 01/18/2013) | |||
| 2013-01-18 | 41 | 0 | Witness List filed by All Plaintiffs. Related document(s) 32 . (Smith, A.) (Entered: 01/18/2013) | |||
| 2013-03-04 | 42 | 0 | Joint Status Report filed by Philip Morris USA Inc. Related document(s) 32 .(Chapman, Diane) Modified to indicate document is not text searchable on 3/5/2013 (R,Sh). (Entered: 03/04/2013) | |||
| 2013-03-11 | 43 | 0 | Motion for attorney Judith Bernstein-Gaeta to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5877123, filed by Defendant Philip Morris USA Inc.. (Attachments: # 1 Affidavit Judith Bernstein-Gaeta)(Chapman, Diane) (Entered: 03/11/2013) | |||
| 2013-03-21 | 44 | 0 | Memorandum Opinion and Order: Defendants' motion for partial judgment on the pleadings on the class component of plaintiffs' CSPA claim and their motion for judgment on the pleadings on plaintiffs' DTPA claim are granted. Plaintiffs' class CSPA claim and their DTPA claim are dismissed with prejudice. (Doc. No. 16 , 17 ). Judge Sara Lioi on 3/21/2013. (P,J) (Entered: 03/21/2013) | |||
| 2013-03-21 | 45 | 0 | Judgment Entry: Defendants' motion for partial judgment on the pleadings on the class component of plaintiffs' claim under the Ohio Consumer Sales Practices Act (CSPA) (Doc. No. 16 ), and their motion for judgment on the pleadings on plaintiffs' Ohio Deceptive Trade Practices Act (DTPA) claim (Doc. No. 17 ) are granted. Plaintiffs' class CSPA claim and their DTPA claim are dismissed with prejudice. (Related Doc # 44 ). Judge Sara Lioi on 3/21/2013. (P,J) (Entered: 03/21/2013) | |||
| 2013-04-18 | 46 | 0 | Joint Status Report filed by Philip Morris USA Inc.. (Chapman, Diane) (Entered: 04/18/2013) | |||
| 2013-04-18 | 47 | 0 | Motion for judgment on the pleadings on the Class Component of Plaintiffs Common Law Fraud and Unjust Enrichment Claims filed by Altria Group, Inc., Philip Morris USA Inc.. (Attachments: # 1 Brief in Support of Defendants' Motion for Judgement on the Pleadings on the Class Component of Plaintiffs' Common Law Fraud and Unjust Enrichment Claims, # 2 Exhibit 1 - 2.21.2013 Letter from R. Smith, # 3 Exhibit 2 - Phillips I Complaint, # 4 Exhibit 3 - Redline comparing Phillips 1 Complaint and Complaint, # 5 Exhibit 4 - 9.4.2004 Phillips I Order, # 6 Exhibit 5 - 3.15.2004 Phillips I Notice of Stipulation, # 7 Exhibit 6 - 10.17.2003 Phillips I Notice of Appeal, # 8 Exhibit 7 - 10.23.2003 Phillips I Notice of Cross Appeal, # 9 Exhibit 8 - 3.16.2004 Phillips I Cross-Appellants' Reply Brief, # 10 Exhibit 9 - 3.23.2009 Mot. for Leave to File an Am. Compl., # 11 Exhibit 10 - 6.10.2009 Phillips I Order, # 12 Exhibit 11 - 8.10.2009 Phillips I Notice of Dismissal, # 13 Exhibit 12 - 8.15.2011 Pls.' Reply in Supp. Remand)(Chapman, Diane) (Entered: 04/18/2013) | |||
| 2013-04-25 | 48 | 0 | Motion to quash or in the Alternative, Motion for Protective Order filed by Altria Group, Inc., Philip Morris USA Inc.. (Attachments: # 1 Brief in Support, # 2 Exhibit 1 -- Notice of 30(b)(6) Deposition, # 3 Exhibit 2 -- February 21 Letter, # 4 Exhibit 3 -- PM USA Objections to 30(b)(6) Notice, # 5 Exhibit 4 -- Altria Objections to 30(b)(6) Notice, # 6 Exhibit 5 -- PM USA Objections to Document Requests, # 7 Exhibit 6 -- Altria Objections to Document Requests, # 8 Exhibit 7 -- March 20 Letter, # 9 Exhibit 8 -- March 29 Email, # 10 Exhibit 9 -- April 3 Letter, # 11 Exhibit 10 -- Plaintiff's Responses to Interrogatories, # 12 Exhibit 11 -- Stern Opinion, # 13 Exhibit 12 -- Huntsberry Order, # 14 Exhibit 13 -- Tobacco II Minute Order, # 15 Exhibit 14 -- Corporate Representative Deposition Covers, # 16 Exhibit 15 -- Engle Progeny 1-7-11 Hearing Transcript)(Chapman, Diane). AddedMotion for protective order on 4/26/2013 (R,Sh). Modified on 4/26/2013 (R,Sh). (Entered: 04/25/2013) | |||
| 2013-04-29 | 49 | 0 | Order: This matter is referred to Magistrate Judge George J. Limbert for resolution of defendants' motion to quash or, in the alternative, for a protective order (Doc. No. 48 ); and resolution of such other discovery-related issues that may develop in this case. Judge Sara Lioi on 4/29/2013. (P,J) (Entered: 04/29/2013) | |||
| 2013-05-07 | 50 | 0 | Order: Pursuant to the agreement of counsel, a hearing is scheduled upon defendants' motion to quash or in the alternative for a protective order, including any pending discovery-related issues, before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 5/14/13 at 10:30 a.m.; the appearance of lead counsel shall be required (Related document 48 ). Signed by Magistrate Judge George J. Limbert on 5/7/13. (S,AA) (Entered: 05/07/2013) | |||
| 2013-05-09 | 51 | 0 | Motion for an order dismissing his claim only pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by Plaintiff Greg A. Phillips. (Smith, A.) Modified text on 6/6/2013 (H,KR). (Entered: 05/09/2013) | |||
| 2013-05-13 | 52 | 0 | Joint Motion for extension of Hearing on Motion to Quash of May 14th until May 15 with Memorandum in Support filed by All Parties. Related document(s) 50 . (Chapman, Diane) Modified text on 5/14/2013 (R,Sh). (Entered: 05/13/2013) | |||
| 2013-05-13 | 53 | 0 | FILING ERROR- document filed with visible edits in error, refiled as 54 Response to 48 Motion to quash Motion for protective order filed by Eva Marie Phillips. (Smith, A.) Modified text on 5/14/2013 (R,Sh). (Entered: 05/13/2013) | |||
| 2013-05-14 | 54 | 0 | Response to 48 Motion to quash Motion for protective order filed by Eva Marie Phillips. (Smith, A.) (Entered: 05/14/2013) | |||
| 2013-05-20 | 55 | 0 | Response to 51 Motion to dismiss party Greg A. Phillips only filed by Philip Morris USA Inc.. (Chapman, Diane) (Entered: 05/20/2013) | |||
| 2013-05-21 | 56 | 0 | Order granting motion of plaintiff Greg Phillips for an order dismissing his claim only pursuant to Fed. R. Civ. P. 41(a)(2). (Related Doc # 51 ). Judge Sara Lioi on 5/21/2013. (P,J) (Entered: 05/21/2013) | |||
| 2013-05-21 | 57 | 0 | Motion for extension of time until May 28th, 2013 to file response/reply to 47 Motion for judgment on the pleadings on the Class Component of Plaintiffs Common Law Fraud and Unjust Enrichment Claims filed by Plaintiff Eva Marie Phillips. Related document(s) 47 . (Smith, A.) (Entered: 05/21/2013) | |||
| 2013-05-24 | 58 | 0 | Order : For the reasons articulated in the foregoing Order, the motion to quash (Related Doc # 48 ) as to all fourteen remaining deposition topics is granted. Plaintiff shall file an amended Rule 30(b)(6) notice within fourteen days of the date of this Order and shall also provide to PM USA notice of the documents intended to be used at the Rule 30(b)(6) deposition(s) fourteen days prior to the scheduled deposition date(s). Magistrate Judge George J. Limbert on 5/24/13. (BR,S) (Entered: 05/24/2013) | |||
| 2013-05-26 | 59 | 0 | Transcript of Motion Hearing Proceedings held on Wednesday, May 15, 2013 before Magistrate Judge George J. Limbert. To obtain a copy of this transcript please contact court reporter Sarah E. Nageotte at (216) 357-7186 (or e-mail sarah_nageotte@ohnd.uscourts.gov). [39 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/3/2013. Redaction Request due 6/17/2013. Redacted Transcript Deadline set for 6/26/2013. Release of Transcript Restriction set for 8/26/2013. (N,SE) (Entered: 05/26/2013) | |||
| 2013-05-28 | 60 | 0 | Response to 47 Motion for judgment on the pleadings on the Class Component of Plaintiffs Common Law Fraud and Unjust Enrichment Claims filed by Eva Marie Phillips. (Smith, A.) (Entered: 05/28/2013) | |||
| 2013-05-31 | 61 | 0 | Motion to extend the Rule 23 Discovery Cut Off Date filed by Plaintiff Eva Marie Phillips. (Smith, A.) Modified text on 6/3/2013 (R,Sh). (Entered: 05/31/2013) | |||
| 2013-06-03 | 62 | 0 | Reply Memorandum in Support of 47 Motion for judgment on the pleadings on the Class Component of Plaintiffs Common Law Fraud and Unjust Enrichment Claims filed by Philip Morris USA Inc.. (Attachments: # 1 Exhibit 1- Medina County Court Document, # 2 Exhibit 2- Medina County Court Transcript)(Chapman, Diane) Modified text and added exhibit description on 6/5/2013 (R,Sh). (Entered: 06/03/2013) | |||
| 2013-06-03 | 63 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 06/03/2013) | |||
| 2013-06-03 | 64 | 0 | Response to 61 Motion for extension of Discovery until to be determined filed by Philip Morris USA Inc.. (Chapman, Diane) (Entered: 06/03/2013) | |||
| 2013-06-07 | 65 | 0 | Objection to and written statement of appeal from Magistrate Judge Limbert's Order granting defendant's 58 Motion to quash filed by Eva Marie Phillips. (Smith, A.) Modified text on 6/10/2013 (S,HR). (Entered: 06/07/2013) | |||
| 2013-06-10 | 66 | 0 | Motion (Request) for oral hearing on objections to and written statement of appeal from Magistrate Judge Limbert's Order Granting Defendants Motion to Quash filed by Plaintiff Eva Marie Phillips. Related document(s) 65 . (Smith, A.) Modified text on 6/11/2013 (H,KR). (Entered: 06/10/2013) | |||
| 2013-06-14 | 67 | 0 | Brief Opposition To Plaintiff's Responses To And Written Statement of Appeal From Magistrate Judge Limbert's Order Granting Defendants' Motion To Quash filed by Philip Morris USA Inc.. Related document(s) 65 . (Attachments: # 1 Chart of Prior Corporate Representative Depositions) (Chapman, Diane) (Entered: 06/14/2013) | |||
| 2013-06-28 | 68 | 0 | Opinion and Order: The Court modifies the Magistrate Judge's order to allow not only for discovery of consumer choice information (as ordered by the Magistrate Judge), but also for methods of compensation by consumers. Plaintiff shall have seven days from the date of this order to reformulate the deposition topics to cover these two limited areas. The court trusts that the topics will be properly limited as not to trigger further dispute regarding the scope of discovery, at this stage, possibly resulting in further delays. The Court will extend initial discovery, limited to the taking of the Rule 30(b)(6) deposition(s) of defendants' representative(s), until July 26, 2013. Plaintiff's motion for class certification shall be filed by August 26, 2013, defendants' response shall be due September 27, 2013, and any reply must be filed by October 7, 2013. A hearing on class certification shall take place on October 21, 2013 at 10:00 AM. All other dates and deadlines set forth in the Court's Case Management Plan shall remain in effect. Plaintiff's objections to the Magistrate Judge's May 24, 2013 order are sustained, in part, and overruled, in part. Within seven days of this opinion and order, plaintiff may serve upon defendants a notice to take a Rule 30(b)(6) deposition on the topics identified herein, as well as the topics identified in the Magistrate Judge's order. Also, plaintiff's motion to extend pre-certification discovery is granted, in part. Discovery relating to class certification shall be extended, as set forth above. (Related Doc # 61 ). Judge Sara Lioi on 6/28/2013. (P,J) (Entered: 06/28/2013) | |||
| 2013-07-02 | 69 | 0 | Unopposed Motion to continue October 21,2013 Hearing filed by Defendant Philip Morris USA Inc.. Related document(s) 68 . (Chapman, Diane) (Entered: 07/02/2013) | |||
| 2013-07-15 | 70 | 0 | Motion for ruling prior to the 30 (b) (6) deposition on an issue under Magistrate Judge Limberts Order filed by Plaintiff Eva Marie Phillips. Related document(s) 58 . (Attachments: # 1 Exhibit Amended Notice of 30 (b) (6) Deposition)(Smith, A.) (Entered: 07/15/2013) | |||
| 2013-07-16 | 71 | 0 | Response to 70 Motion for ruling prior to the 30 (b) (6) deposition on an issue under Magistrate Judge Limberts Order filed by Philip Morris USA Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Chapman, Diane) Modified to indicate exhibits are not described as required by the Initial Standing Order, re 2 on 7/17/2013 (R,Sh). (Entered: 07/16/2013) | |||
| 2013-07-17 | 72 | 0 | Order: Plaintiff's motion for an order and request for a ruling confirming her compliance with the 5/24/13 order is denied; further, plaintiff is reminded of her responsibility under the 5/24/13 order to provide notice of the documents she intends to use at the Rule 30(b)(6) deposition, which is currently scheduled to proceed "within a reasonable time after 7/26/13" (Related Doc # 70 ). Signed by Magistrate Judge George J. Limbert on 7/17/13.(S,AA) (Entered: 07/17/2013) | |||
| 2013-07-17 | 73 | 0 | Motion for attorney Erik W. Snapp, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6088156, filed by Defendant Philip Morris USA Inc.. (Attachments: # 1 Affidavit Declarationof Erik W. Snapp)(Chapman, Diane) (Entered: 07/17/2013) | |||
| 2013-07-17 | 74 | 0 | Motion for attorney Frank P. Kelly to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6088196, filed by Defendant Philip Morris USA Inc.. (Attachments: # 1 Affidavit Declaration of Frank P. Kelly, Esq.)(Chapman, Diane) (Entered: 07/17/2013) | |||
| 2013-07-18 | 75 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 07/18/2013) | |||
| 2013-08-23 | 76 | 0 | Motion for leave to exceed page limitations for Plaintiff's Memorandum in Support of Class Certification filed by Eva Marie Phillips, Greg A. Phillips. (Smith, A.) (Entered: 08/23/2013) | |||
| 2013-08-23 | 77 | 0 | Response to 76 Motion for leave to exceed page limitations for Plaintiff's Memorandum in Support of Class Certification filed by All Defendants. (Chapman, Diane) Modified to indicate document is not text searchable as required by the Initial Standing Order, re 2 on 8/26/2013 (R,Sh). (Entered: 08/23/2013) | |||
| 2013-08-26 | 78 | 0 | Unopposed Motion for leave to exceed page limitations by up to 20 additional pages for a total of 50 pages for her Memorandum in Support of Class Certification filed by Eva Marie Phillips, Greg A. Phillips. (Smith, A.) (Entered: 08/26/2013) | |||
| 2013-08-26 | 79 | 0 | Motion for class certification filed by Eva Marie Phillips, Greg A. Phillips. (Attachments: # 1 Brief in Support)(Smith, A.) See 81 for Exhibits. Modified text on 8/30/2013 (P, S). (Entered: 08/26/2013) | |||
| 2013-08-26 | 80 | 0 | FILING ERROR. Wrong event used. Exhibits not described as required by the Initial Standing Order, re 2 . Appendix filed by All Plaintiffs. Related document(s) 79 . (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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 16, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 19)(Smith, A.) Modified text on 8/27/2013 (R,Sh). (Entered: 08/27/2013) | |||
| 2013-08-28 | 81 | 0 | Motion for leave to attach Plaintiff's Exhibits to her Motion for Class Certification Instanter filed by Eva Marie Phillips, Greg A. Phillips. Related document(s) 79 , 80 . (Attachments: # 1 Motion For Class Certification (Doc # 79), # 2 Memorandum in Support of Motion For Class Certification (Doc # 79-1), # 3 1. Trademarks, # 4 2. PM Response To Interrogatory No 1 (01-cv-0413 Medina), # 5 3. Monograph 13, # 6 4. MassDeptPubHealth Nicotine Disclosure, # 7 5. PM Exit Brand Cigarettes, # 8 6. PM Cigarette Consumer, # 9 7. PM Correspondence, # 10 8. PM Unexpected Observations, # 11 9. PM Tar Nicotine and Smoking Behavior, # 12 10. Wakeham, Smoker Psychology, # 13 11. Kozlowski, Cigarette Tests Misleading, # 14 12. PM Low Tar / High Flavor, # 15 16. FDA Consumer Update, # 16 17. CDC Low Yield Cigarettes, # 17 18. FDA Consumer Fact Sheet, # 18 19. Tobacco Free Kids)(Smith, A.) Modified text on 8/29/2013 (R,Sh). (Entered: 08/28/2013) | |||
| 2013-08-30 | 82 | 0 | Motion for class certification with exhibits attached filed by Plaintiff Eva Marie Phillips. (Attachments: # 1 Brief in Support (Identical to Memorandum filed on August 26th), # 2 1. Trademarks, # 3 2. PM Response To Interrogatory No 1 (01-cv-0413 Medina), # 4 3. Monograph 13, # 5 4. MassDeptPubHealth Nicotine Disclosure, # 6 5. PM Exit Brand Cigarettes, # 7 6. PM Cigarette Consumer, # 8 7. PM Correspondence, # 9 8. PM Unexpected Observations, # 10 9. PM Tar Nicotine and Smoking Behavior, # 11 10. Wakeham, Smoker Psychology, # 12 11. Kozlowski, Cigarette Tests Misleading, # 13 12. PM Low Tar / High Flavor, # 14 16. FDA Consumer Update, # 15 17. CDC Low Yield Cigarettes, # 16 18. FDA Consumer Fact Sheet, # 17 19. Tobacco Free Kids)(Smith, A.) (Entered: 08/30/2013) | |||
| 2013-09-03 | 83 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 09/03/2013) | |||
| 2013-09-10 | 84 | 0 | Unopposed Motion for extension of time until 10/11/2013 to file reply Memorandum in Support of Plaintiffs' Memorandum in Support of Class Action filed by Eva Marie Phillips, Greg A. Phillips. Related document(s) 82 , 79 . (Smith, A.) Modified text on 9/11/2013 (R,Sh). (Entered: 09/10/2013) | |||
| 2013-09-27 | 85 | 0 | Opposition to 82 Motion for class certification with exhibits attached filed by All Defendants. (Attachments: # 1 Exhibit Ex. 1 - MDL Order, # 2 Exhibit Ex. 2 - Wyatt Order, # 3 Exhibit Ex. 3 - Stern Slip Op., # 4 Exhibit Ex. 4 - Huntsberry Slip Op., # 5 Exhibit Ex. 5 - In re; Tobacco Cases 2 Slip Op., # 6 Exhibit Ex. 6 - Sample Recommendations, # 7 Exhibit Ex. 7 FTC 1966 Response, # 8 Exhibit Ex. 8 - 1967 FTC Press Release, # 9 Exhibit Ex. 9 - Fed.Reg.11,178, # 10 Exhibit Ex. 10 - Notice of Manual Filing, # 11 Exhibit Ex. - Supp. Observations Following 1966 hearing, # 12 Exhibit Ex. 12 - FTC Report, # 13 Exhibit Ex. 13 - Agreement, # 14 Exhibit Ex. 14 - Sample Advertisement, # 15 Exhibit Ex. 15 - April 1982 C.R.Report, # 16 Exhibit March 1993 C.R. Report, # 17 Exhibit Ex. 17 - Greenwood Declaration, # 18 Exhibit Ex. 18 - 1979 Surgeon General Report, # 19 Exhibit Ex. 19 - 3 British Medical Journal 681, # 20 Exhibit Ex. 20 - Less Tar, Less Nicotine Is That Good ?, # 21 Exhibit Ex. 21 - Light Cigarettes Have Just As Much Nicotine, # 22 Exhibit Ex. 22 -- Collection of TV Coverage Provided on CD, # 23 Exhibit Ex. 23 - Collecting Examples of Studies Finding Lower Yield Smokers Had a Lower Lung Cancer Risk, # 24 Exhibit Ex. 24 - Mongraph 7, # 25 Exhibit Ex. 25 - Monograph 13, # 26 Exhibit 73 Fed. Reg. 74,501, # 27 Exhibit Ex. 27 - McCormick Decl., # 28 Exhibit Ex. 28 - Plaintiffs' Notice of Dismissal, # 29 Exhibit Ex. 29 - CTO-9, # 30 Exhibit Ex. 30 - Pls. Response to First Set of Interrogatories at No. 14, # 31 Exhibit Ex. 31 - Provided by CD Taylor Decl., # 32 Exhibit Ex. 32 - Transcripts and Videoas Provide on Jump Drive, # 33 Exhibit Ex. 33 - Depo of Joseph Moore, # 34 Exhibit Ex. 34 - Depo of Mara Lee Calloway, # 35 Exhibit Ex. 35 - Depo of Deborah Civiello, # 36 Exhibit Ex. 36 - Depo of Freddie Colon, # 37 Exhibit Ex. 37 - Depo of Chad Tingle, # 38 Exhibit Ex. 38 - Depo of Lilit Ohanyan, # 39 Exhibit Ex. 39 - Depo of Chanda Vukonich, # 40 Exhibit Ex. 40 - Depo of Brian Wagner, # 41 Exhibit Ex. 41 - Depo of Steven Hubbard, # 42 Exhibit Ex. 42 - Depo of Charles Wyatt, # 43 Exhibit Ex. 43 - Depo of William Reed, # 44 Exhibit Ex. 44 - Depo of Brian Weiman, # 45 Exhibit Ex. 45 - Depo of C. Susie Swanson, # 46 Exhibit Ex. 46 - Transcripts of Deponents Did Not Change Their Smoking Behavior, # 47 Exhibit Ex. 47 - Depo of Greg Phillips, # 48 Exhibit Ex. 48 - Depo of Alexander Slater, # 49 Exhibit Ex. 49 - Depo of Robert Coulter, # 50 Exhibit Ex. 50 - Transcripts of Deponents That Compensated, # 51 Exhibit Ex. 51 - Depo of Jay Heister, # 52 Exhibit Ex. 52 - Depo of Carlie Sunshine Tapia, # 53 Exhibit Ex. 53 - Depo of Philip Asman, # 54 Exhibit Ex. 54 - Depo of Thomas Geanacopoulous, # 55 Exhibit Ex. 55 - Trancript of Deponents That Took Intentional Measures to Increase Their Tar and Nicotine, # 56 Exhibit Ex. 56 - Amended Responses to RFAs at 50, # 57 Exhibit Ex. 57 - Goodman Decl. Provided on CD, # 58 Exhibit Ex. 58 - Zeiger Decl., # 59 Exhibit Ex. - Depo of Rob Roy Ross, # 60 Exhibit Ex. 60 - Depo of William Hall, # 61 Exhibit Ex. 61 - Depo of Kevin Hagan, # 62 Exhibit Ex. 62 - Depo Miguel Banuelow, # 63 Exhibit Ex. 63 - Depo of Lana French, # 64 Exhibit Ex. 64a - Transcripts of Deponents That Did Not Believe They Were Safe, # 65 Exhibit Ex. 64b - Transcripts of Deponents That Did Not Believe They Were Safe, # 66 Exhibit Ex. 65 - Depo of Jerry Bloom, # 67 Exhibit Ex. 66 - Depo of Patricia Del Campo, # 68 Exhibit Ex. 67 - Depo of Latasha Kelly, # 69 Exhibit Ex. 68 - Depo of Allison Watson, # 70 Exhibit Ex. 69 - Transcripts of Deponents That Thought Lights Referred to Taste or Flavor, # 71 Exhibit Ex/ 70 - Depo of Courtney Harris, # 72 Exhibit Ex. 71 - Depo of Brian Cleary, # 73 Exhibit Ex. 72 - Depo of John Zimmatori, # 74 Exhibit Ex. 73 - Depo of Cheryl Curtis, # 75 Exhibit Ex. 74a - Transcripts of Deponents That Purchased Lights For Reasons Unrelated to Health, # 76 Exhibit Ex. 74b - Transcripts of Deponents That Purchased Lights For Reasons Unrelatedc to Health, # 77 Exhibit Ex. 75 - Depo of Eva Phillips, # 78 Exhibit Ex. 76 - Fernandez Decl., # 79 Exhibit Ex. 77 - Brown Statement of Decision, # 80 Exhibit Ex. 78 - Depo of Eva Phillips Norman, # 81 Exhibit Ex. 79 - Curtis Slip Op.)(Chapman, Diane) (Entered: 09/27/2013) | |||
| 2013-09-27 | 86 | 0 | Notice of Manual Filing filed by All Defendants. Related document(s) 85 .(Chapman, Diane) (Entered: 09/27/2013) | |||
| 2013-10-11 | 87 | 0 | Reply Memorandum in Support of 79 Motion for class certification filed by All Plaintiffs. (Attachments: # 1 Exhibit Answer to Interrogatory No.2)(Smith, A.) Modifiedtext on 10/15/2013 (R,Sh). (Entered: 10/11/2013) | |||
| 2013-10-15 | 88 | 0 | Notice of Manual Filing filed by All Defendants. Related document(s) 85 .(Chapman, Diane) (Entered: 10/15/2013) | |||
| 2013-10-17 | 89 | 0 | Joint Status Report filed by Philip Morris USA Inc.. (Chapman, Diane) (Entered: 10/17/2013) | |||
| 2013-10-29 | 90 | 0 | Notice of Additional Authority filed by Eva Marie Phillips. (Attachments: # 1 Butler v. Sears, Roebuck & Co., 11-8029, 12-8030 (7th Cir. Aug. 22, 2013))Related document(s) 79 .(Smith, A.) (Entered: 10/29/2013) | |||
| 2013-10-31 | 91 | 0 | Exhibit List and Exhibits submitted at Class Certification Hearing on 10/30/2013. (Attachments: # 1 Plaintiffs' Exhibit, # 2 Defendants' Exhibit)(P,J) (Entered: 10/31/2013) | |||
| 2013-10-31 | 92 | 0 | Joint Motion to dismiss party Altria Group filed by Defendant Altria Group, Inc.. (Attachments: # 1 Proposed Order)(McLaughlin, Patrick) (Entered: 10/31/2013) | |||
| 2013-11-01 | 93 | 0 | Expedited Non-Appeal Transcript Order Form for proceedings held on October 30, 2013 before Judge Sara Lioi, Court Reporter: Lori Callahan. Requested completion date: November 8, 2013 filed by Philip Morris USA Inc.. (Chapman, Diane) (Entered: 11/01/2013) | |||
| 2013-11-05 | 94 | 0 | Order: The Court construes Doc. No. 92 as a joint motion to dismiss defendant Altria Group, Inc. without prejudice under Fed. R. Civ. P. 21 and the same is granted. Judge Sara Lioi on 11/5/2013. (P,J) (Entered: 11/05/2013) | |||
| 2013-11-06 | 95 | 0 | Notice of Supplemental Authority filed by Philip Morris USA Inc.. (Attachments: # 1 Exhibit Slip Opinion)Related document(s) 85 .(Chapman, Diane) (Entered: 11/06/2013) | |||
| 2013-11-11 | 96 | 0 | Plaintiffs' Response to Philip Morris's Notice of Supplemental Authority filed by Eva Marie Phillips. Related document(s) 95 .(Smith, A.) Modified text on 11/13/2013 (R,Sh). (Entered: 11/11/2013) | |||
| 2013-11-11 | 97 | 0 | Notice of Filing of Miner v. Philip Morris Companies filed by Philip Morris USA Inc.. (Attachments: # 1 Exhibit Miner, et al. v. Philip Morris 10/22/13 Transcript of Proceedings, # 2 Exhibit Miner, et al. v. Philip Morris Order, # 3 Exhibit Miner, et al. v. Philip Morris Finidngs of Fact/Conclusion of Law)Related document(s) 85 .(Chapman, Diane) (Entered: 11/11/2013) | |||
| 2013-11-18 | 98 | 0 | Plaintiff's Response to Philip Morris' Notice of Filing of Miner v. Phillips Morris Companies Inc. filed by Eva Marie Phillips. Related document(s) 97 .(Smith, A.) Modified for all capitalization of text on 11/19/2013 (R,Sh). (Entered: 11/18/2013) | |||
| 2013-12-02 | 99 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 12/02/2013) | |||
| 2013-12-06 | 100 | 0 | Transcript of Class Certification Hearing held on 10/30/13 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Lori A. Callahan at 330-252-6022. [81 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2013. Redaction Request due 12/27/2013. Redacted Transcript Deadline set for 1/6/2014. Release of Transcript Restriction set for 3/6/2014. Related document(s) 93 . (C,L) (Entered: 12/06/2013) | |||
| 2014-01-07 | 101 | 0 | Notice of Supplemental Authority filed by Philip Morris USA Inc.. (Attachments: # 1 Exhibit Order Denying Plaintiffs' Motion for Class Certification)(Chapman, Diane) (Entered: 01/07/2014) | |||
| 2014-01-16 | 102 | 0 | Joint Status Report filed by Philip Morris USA Inc.. (Chapman, Diane) (Entered: 01/16/2014) | |||
| 2014-01-30 | 103 | 0 | Notice of Supplemental Authority filed by All Plaintiffs. Related document(s) 82 .(Smith, A.) (Entered: 01/30/2014) | |||
| 2014-02-04 | 104 | 0 | Response to Notice of Supplemental Authority filed by Philip Morris USA Inc.. Related document(s) 103 .(Chapman, Diane) (Entered: 02/04/2014) | |||
| 2014-02-18 | 105 | 0 | Plaintiffs Reply To Philip Morriss February 4th, 2014 Filing And Plaintiffs Response To Philip Morris January 7th, 2014 Filing filed by All Plaintiffs. (Attachments: # 1 Exhibit Expert Reports and CVs of Shields, Burns, and Thun)Related document(s) 101 , 103 , 104 .(Smith, A.) (Entered: 02/18/2014) | |||
| 2014-02-21 | 106 | 0 | Motion to strike the Expert Affidavits From Another Case Attached to Plaintiff's Reply filed by Defendant Philip Morris USA Inc.. Related document(s) 105 . (Attachments: # 1 Exhibit Burns Schwab depo, # 2 Exhibit Burns DOJ depo, # 3 Exhibit Burns BCBS test, # 4 Exhibit Burns Craft Test, # 5 Exhibit Fischer Order, # 6 Exhibit Stern Order, # 7 Exhibit Miner hearing, # 8 Exhibit Lawrence order)(Chapman, Diane) (Entered: 02/21/2014) | |||
| 2014-02-28 | 107 | 0 | Memorandum Opinion and Order: The Court finds that plaintiff has failed to satisfy her burden of establishing that this case is suitable for treatment as a class action. Therefore, plaintiff's motion for class certification is denied. Because plaintiff will proceed as the sole party plaintiff, PM USA's motion to dismiss the class component of plaintiff's common law fraud and unjust enrichment claims is moot. (Related Doc # 47 , 79 , 82 , 106 . Judge Sara Lioi on 2/28/2014. (P,J) (Entered: 02/28/2014) | |||
| 2014-03-03 | 108 | 0 | Joint Status Report filed by Philip Morris USA Inc.. Related document(s) 32 .(Chapman, Diane) (Entered: 03/03/2014) |