`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`
`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
`
`
`Plaintiffs and Counterclaim
`Defendants,
`
`v.
`
`
`
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.
`
`Defendants and Counterclaim
`Plaintiffs.
`
`Civil Action No. 1:20-cv-393-LO-TCB
`
`
`
`REYNOLDS’S STIPULATION OF AUTHENTICITY
`AND RESPONSE REGARDING THE MAY 20, 2022 HEARING
`
`Responding to the Court’s request that Reynolds confirm whether it has any objection to
`
`the authenticity of PM/Altria’s identified Fontem documents, Reynolds stipulates that the
`
`Fontem-Reynolds negotiation documents produced by Fontem, bearing Bates numbers
`
`FON55_0000201, FON55_0000202-319, FON55_0000392-393, FON55_0000394-427,
`
`FON55_0000428-462 are:
`
`1.
`
`2.
`
`3.
`
`authentic and non-hearsay if offered at trial;
`
`authentic pursuant to Federal Rule of Evidence 901; and
`
`business records pursuant to Federal Rule of Evidence 803(6).
`
`Reynolds’s counsel Jones Day understands and takes very seriously the concerns expressed
`
`by the Court regarding the propriety of the arguments made by Jones Day in support of the Daubert
`
`motion directed to Mr. Meyer. We sincerely regret any misunderstanding regarding our statements
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1235 Filed 05/22/22 Page 2 of 4 PageID# 32348
`
`at the Daubert hearing regarding the evidentiary basis for Mr. Meyer’s opinions as to the rates paid
`
`by third-party Fontem-licensees. We filed the Daubert Motion because we believed that we had
`
`a good-faith basis for challenging Mr. Meyer’s opinion regarding the third-party agreements, and
`
`believed that the Fontem-produced negotiation documents do not make up for the deficiencies in
`
`his analysis. In no way and at no time were we trying to mislead the Court on the facts or the
`
`issue. We understand and accept that the Court believes that the better course would have been to
`
`disclose those Fontem-produced negotiation documents to PM/Altria’s lawyers in this case so that
`
`our Daubert arguments could have been presented and evaluated in light of this additional
`
`information. We want to be clear that we take very seriously our obligations regarding our duties
`
`of candor to the tribunal, and we sincerely apologize to the Court for any appearance that we failed
`
`to meet our obligations in discovery or thereafter.
`
`
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1235 Filed 05/22/22 Page 3 of 4 PageID# 32349
`
`Dated: May 22, 2022
`
`
`
`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
`
`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
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
` /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
`
`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
`
`
`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
`
`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
`
`3
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1235 Filed 05/22/22 Page 4 of 4 PageID# 32350
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 22nd day of May, 2022, a true and correct copy of the foregoing
`
`was served using the Court’s CM/ECF system, with electronic notification of such filing to all
`
`counsel of record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/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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