United States v. Philip Morris USA, Inc.

MEMORANDUM OPINION

KESSLER, District Judge.

Defendants have filed an Emergency Motion to Prohibit Plaintiffs Untimely Addition of 650 New Racketeering Acts to the Case (“Emergency Motion”).1 Upon consideration of the Motion, the Government’s Opposition, the Reply, and the entire record herein, the Court concludes that the Motion should be granted in part and denied in part.

I. FACTUAL BACKGROUND

As all parties know, the Government’s Complaint, filed on September 22, 1999, was accompanied by an Appendix listing 116 “Racketeering Acts” of mail or wire fraud allegedly committed by the Defendants.…