Case 1:20-cv-00393-LO-TCB Document 1230 Filed 05/17/22 Page 1 of 5 PageID# 32328
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim Defendants,
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`
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`
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`
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`v.
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`Case No.: 1:20cv00393-LO-TCB
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
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`
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`Defendants and Counterclaim Plaintiffs.
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`
`REYNOLDS’S RESPONSE TO PMI/ALTRIA’S MAY 13 LETTER
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`Reynolds submits this response to PMI/Altria’s May 13 letter to the Court.
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`PMI/Altria’s letter presents no impediment to starting trial on June 6 as scheduled.
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`Indeed, PMI/Altria’s letter asks the Court to change its schedule, and that of the summoned
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`jurors, only so that PMI/Altria may call its witnesses in its apparent preferred order. But
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`PMI/Altria’s letter identifies no good cause to postpone trial, even by a day. In fact, the letter
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`indicates that Mr. McAlexander and Mr. Meyer both are available to testify early in the week of
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`June 6, during PMI/Altria’s case-in-chief. Dkt. 1227 at 2. The Court should proceed with trial
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`on June 6 as ordered.
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`Moreover, counsel for PMI/Altria was aware of its experts’ other scheduled trial since
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`January 28, 2022. See Dkt. 1227 at 1 (“On January 28, 2022, Judge Gilstrap set three cases for
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`trial on June 6, 2022.”). That trial had already been set when PMI/Altria told this Court during
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`the February 2 hearing “I would obviously need to confirm, but I anticipate that those dates
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`would be fine”—referring to the June 6 trial date the Court ultimately set. See Dkt. 1136 at 8.
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`Case 1:20-cv-00393-LO-TCB Document 1230 Filed 05/17/22 Page 2 of 5 PageID# 32329
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`That remained the case when, at a February 7 hearing, counsel repeated that “[w]e were able to
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`make all the dates that you had offered work”— including the current June 6 trial date. See Dkt.
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`1135 at 4. Yet, PMI/Altria never so much as mentioned this “conflict” to the Court—and did not
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`confer with Reynolds—until filing its letter last Friday.
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`PMI/Altria should not be permitted to turn its long-known scheduling concerns into this
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`Court’s problem on the eve of trial. PMI/Altria’s letter demonstrates:
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` On January 28, 2022, Judge Gilstrap in Eastern District of Texas set a June 6
`start for a trial involving Mr. McAlexander and Mr. Meyer. Dkt. 1227 at 1.
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` On February 2, 2022, counsel for PMI/Altria told the Court it would “need to
`confirm” but “anticipate[d] that [June 6] would be fine” to start trial. Dkt. 1136 at
`8.
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` On February 7, 2022, counsel for PMI/Altria told the Court, presumably after
`taking steps to confirm, PMI/Altria “were able to make [June 6] work.” Counsel
`for PMI/Altria made no mention of any conflict the week of June 6. Dkt. 1135 at
`4.
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` On February 18, 2022, Judge Gilstrap confirmed the other trials involving
`Mr. McAlexander and Mr. Meyer were set for June 6. Dkt. 1227 at 2.
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` On March 18, 2022, this Court held a two-plus hour hearing on the parties’
`motions in limine and Daubert motions. Counsel for PMI/Altria made no
`mention of any scheduling concerns for the week of June 6.
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` On May 13, 2022, PMI/Altria asked the Court to postpone the start of trial by one
`day without informing Reynolds or asking for its position despite PMI/Altria’s
`awareness of this scheduling issue since January 28.
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`If a June 6 start date for trial was not workable for PMI/Altria, it should have been candid
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`in its February representations to the Court regarding its availability for the June 6 trial date, and
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`it should have informed the Court and Reynolds of the potential problem sooner than three
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`weeks before trial.
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`The Court, the parties, and all witnesses planned for a trial where the evidence and
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`closing arguments will end on Thursday, June 16. Pushing the start date out a day could
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`Case 1:20-cv-00393-LO-TCB Document 1230 Filed 05/17/22 Page 3 of 5 PageID# 32330
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`unnecessarily push that end date out by four days (from Thursday June 16 to Monday June 20)
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`and imposes additional burdens on the Court, the jury, and other witnesses who already have
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`arranged their schedules to be present during the two weeks set for trial back in February. If
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`PMI/Altria needs to present its witnesses in its case-in-chief out of its preferred order, it is a
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`problem of its own making, and, in either event, does not justify postponing the start of trial.
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`The Court should hold PMI/Altria to its word and maintain the June 6 trial date.
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`3
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`

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`Case 1:20-cv-00393-LO-TCB Document 1230 Filed 05/17/22 Page 4 of 5 PageID# 32331
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`Dated: May 17, 2022
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`
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`Stephanie E. Parker
`JONES DAY
`1221 Peachtree Street, N.E.
`Suite 400
`Atlanta, GA 30361
`Telephone: (404) 521-3939
`Facsimile: (404) 581-8330
`Email: separker@jonesday.com
`
`
`Anthony M. Insogna
`JONES DAY
`4655 Executive Drive
`Suite 1500
`San Diego, CA 92121
`Telephone: (858) 314-1200
`Facsimile: (844) 345-3178
`Email: aminsogna@jonesday.com
`
`William E. Devitt
`JONES DAY
`110 North Wacker Drive
`Suite 4800
`Chicago, IL 60606
`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
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`Sanjiv P. Laud
`JONES DAY
`90 South Seventh Street
`Suite 4950
`Minneapolis, MN 55402
`Telephone: (612) 217-8800
`Facsimile: (844) 345-3178
`Email: slaud@jonesday.com
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`Respectfully submitted,
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`
` /s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
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`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
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`
`Alexis A. Smith
`JONES DAY
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, CA 90071
`Telephone: (213) 243-2653
`Facsimile: (213) 243-2539
`Email: asmith@jonesday.com
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`Charles B. Molster
`THE LAW OFFICES OF
`CHARLES B. MOLSTER, III PLLC
`2141 Wisconsin Avenue, N.W. Suite M
`Washington, DC 20007
`Telephone: (202) 787-1312
`Email: cmolster@molsterlaw.com
`
`Counsel for RAI Strategic Holdings, Inc. and
`R.J. Reynolds Vapor Company
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`4
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`Case 1:20-cv-00393-LO-TCB Document 1230 Filed 05/17/22 Page 5 of 5 PageID# 32332
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 17th day of May, 2022, a true and correct copy of the foregoing
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`was served using the Court’s CM/ECF system, with electronic notification of such filing to all
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`counsel of record.
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`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`
`Counsel for RAI Strategic Holdings, Inc. and
`R.J. Reynolds Vapor Company
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