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ORDER #28-REMAND: CONSENT ORDER BETWEEN USA, INTERVENORS, AND LORILLARD re: DOCUMENT DISCLOSURE OBLIGATIONS (Dec. 27, 2011) 

Upon consideration of the Joint Motion for Consent Order Between the United States, the Public Health Intervenors (hereafter "Plaintiffs"), and Lorillard Tobacco Company (hereafter "Lorillard") Concerning Document Disclosure Obligations Under Order #1015, and the entire record herein, it is hereby ORDERED that:

A. Lorillard will deposit, on or before the dates indicated below, the amounts indicated below with the Registry of the Court:

Friday, January 13, 2012 $217,000

Monday, December 31, 2012 $217,000

Tuesday, December 31, 2013 $216,000

Total: $650,000

B. The Registry of the Court will, upon receipt of each of these installments, disburse the funds to the University of California, San Francisco (hereafter "UCSF").

C. Lorillard will make these payments primarily in lieu of its prior obligations under Order #1015 to code the person mentioned, organization mentioned, and brand mentioned fields and as part of a resolution of the scope of Lorillard's coding obligations for documents posted on its public document websites as a result of production in court or administrative actions in the United States concerning smoking and health, marketing, addiction, low-tar or low-nicotine cigarettes, or less hazardous cigarette research both prior to November 15, 2011, and on or after that date. . . .

A. This Consent Order is without prejudice to Lorillard's argument that Order #1015 does not apply retrospectively, and no party will cite this Consent Order as a basis for arguing that any other part of Order #1015 applies retrospectively.

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