Opinion
Civil Action No. 99-2496 (GK).
November 2, 2004
ORDER #761
FINDINGS AND ORDER ON EXHIBITS THAT CONTAIN CONFIDENTIAL PERSONAL PRIVACY INFORMATION
Upon consideration of the Philip Morris Defendants' Notice of Error and Omission in Orders #691 and #692 and Request by Philip Morris Defendants for Correction of Same, the Amended and Supplemental Notice of Protection at Trial of Specified Trial Exhibits and Designated Prior Testimony, the Motion and Memorandum in Support of an Order Requiring Redaction of Certain Personal Information From Documents To Be Introduced at Trial filed on October 7, 2004, the Opposition, and the entire record herein, it is this 2nd day of November, 2004, hereby
ORDERED that the Philip Morris Defendants' request to redact certain information is granted based on the following findings:
1. The parties have designated information to be introduced into evidence at trial that contains confidential personal privacy information about various individuals. The exhibits and prior designated testimony listed in Attachment A identifies the name, home address, telephone number, cell phone number date of birth, and social security number and/or various combinations of this type of personal privacy information of various adult consumers of Philip Morris USA Inc. products, vendors, other third parties and Philip Morris employees.
2. The Philip Morris Defendants seek protection at trial of this confidential personal privacy information about these individuals that is included in these exhibits and testimony.
3. The individuals identified are not parties to this litigation.
4. The pages of the exhibits on which this personal privacy information appears were produced as Confidential pursuant to Order # 7 and have been maintained as Confidential information in this litigation.
5. The names, addresses, telephone numbers, cell phone numbers, birth dates and social security numbers of these individuals are not probative of any issue in this case, nor is there any genuine public need or interest in disclosure of this personal information.
6. Conversely, public disclosure of this personal privacy information will pose a significant risk of injury to these individuals.
Now therefore, it is ORDERED that
1. The exhibits and prior designated testimony listed in Attachment A shall be submitted and used at trial with the identified personal privacy information redacted.
2. The unredacted exhibits and prior designated testimony shall be protected from disclosure pursuant to the provisions of Order # 638 ¶¶ (5)(e), (5)(f), (7) and (9).
3. The personal privacy information about these individuals shall not be disclosed during trial.
4. This Order supercedes Order # 691.
ATTACHMENT A JD-041827 JD-045096 JD-046586 JD-048372 JD-048538 JD-048539 JD-048540 JD-048541 JD-048552 JD-048592 JD-049982 JD-050567 JD-051482 JD-052829 JD-053079 U.S. 24437 U.S. 24508 U.S. 25665 U.S. 27226 U.S. 40465 U.S. 42533 U.S. 46216 U.S. 46217 U.S. 46254 U.S. 46305 U.S. 46384 U.S. 47297 U.S. 66878 U.S. 77823 Bonhomme, J. In Re Tobacco Litigation Individual Personal 20000908 4:2 Injury cases, No. 00-C-5000 (W.Va. Cir. Ct.) Conrad, N. United States vs. Philip Morris, Inc. et al., Case 20030730 7:20; No. 99-CV-02496 Morgan, J. Price, et al. v. Philip Morris Cos., et al., No. 00-L-112 20020605 8:15-16 (Ill. Cir. Ct.) Norris, S. United States vs. Philip Morris, Inc. et al., Case 20030731 7:17-18 No. 99-CV-02496 Pfeil, M. United States vs. Philip Morris, Inc. et al., Case 20020410 6:22-23 No. 99-CV-02496 Rittweger, K. United States vs. Philip Morris, Inc. et al., Case 20030728 5:24-25; 6:9-13 No. 99-CV-02496 Suter, N. United States vs. Philip Morris, Inc. et al., Case 20030715 8:5 No. 99-CV-02496