Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 1 of 8 PageID# 32833
`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 1 of 8 PagelD# 32833
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 1 of 8 PagelD# 32833
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 2 of 8 PageID# 32834
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`1
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` UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Civil Action
`No. 1:20-cv-00393-LO-TCB
`May 20, 2022
`2:00 p.m.
`
`)))))))))))))
`
`ALTRIA CLIENT SERVICES, LLC
`et al.,
` Counterclaim Plaintiffs,
`v.
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
`Counterclaim Defendants.
`
`TRANSCRIPT OF MOTION HEARING PROCEEDINGS
`BEFORE THE HONORABLE LIAM O'GRADY,
`UNITED STATES DISTRICT COURT JUDGE
`
`APPEARANCES:
`For the Counterclaim
`Plaintiffs:
`
`Maximilian Antony Grant, Esq.
`Latham & Watkins, LLP (DC)
`555 11th Street, N.W.
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Max.grant@lw.com
`Clement Joseph Naples, Esq.
`Latham & Watkins, LLP
`885 Third Avenue
`25th Floor
`New York, NY 10022
`212-906-1200
`Email: Dement.naples@lw.com
`William Sutton Ansley, Esq.
`Weil, Gotshal & Manges
`2001 M Street, N.W.
`Suite 600
`Washington, DC 20036
`202-682-7000
`Email: Sutton.Ansley@weil.com
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 3 of 8 PageID# 32835
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`2
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`APPEARANCES: (Cont.)
`For the Counterclaim
`Plaintiffs:
`
`
`For the Counterclaim
`Defendants:
`
`Lawrence Jay Gotts, Esq.
`Latham & Watkins, LLP (DC)
`555 11th Street, N.W.
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Lawrence.gotts@lw.com
`Elizabeth Stotland Weiswasser, Esq.
`Weil Gotshal & Manges LLP (NY-NA)
`767 5th Avenue
`New York, NY 10153
`212-310-8000
`Email: Elizabeth.weiswasser@weil.com
`Charles Bennett Molster, III, Esq.
`The Law Offices of Charles B. Molster
`III, PLLC
`2141 Wisconsin Ave N.W.,
`Suite M
`Washington, DC 20007
`703-346-1505
`Email: Cmolster@molsterlaw.com
`Michael Shamus Quinlan, Esq.
`Jones Day (OH-NA)
`901 Lakeside Ave
`Cleveland, OH 44114-1190
`216-586-3939
`Email: Msquinlan@jonesday.com
`John Michael Michalik, Esq.
`77 West Wacker Street
`Suite 3500
`Chicago, Illinois 60601-1692
`312-269-4240
`Email: Jmachalik@jonesday.com
`Stephanie Ethel, Parker, Esq.
`Jones Day (GA)
`420 Peach Tree Street, N.E.
`Suite 800
`Atlanta, Georgia 30309-3053
`404-521-3939
`Email: Separker@jonesday.com
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 4 of 8 PageID# 32836
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`3
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`APPEARANCES: (Cont.)
`For the Counterclaim
`Defendants:
`
`Court Reporter:
`
`Alexis Adian Smith, Esq.
`Jones Day (CA)
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, CA 90071
`213-489-3939
`Email: Asmith@jonesday.com
`Scott L. Wallace, RDR, RMR, CRR
`Official Court Reporter
`United States District Court
`401 Courthouse Square
`Alexandria, VA 2231-5798
`202-277-3739
`Email: scottwallace.edva@gmail.com
`
`Proceedings reported by machine shorthand, transcript produced
`by computer-aided transcription.
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 5 of 8 PageID# 32837
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`24
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`up to sidebar saying, "How does he know that," right?
`THE COURT: Well, you can cross him and say, "Well, you
`told us back in April you didn't know anything about that subject
`and now you've been directly testifying about it." But that --
`you're right, that's not the best way of presenting that issue
`before a jury.
`Okay. Let me hear from Reynolds again.
`MR. GOTTS: Thank you, Your Honor.
`MR. QUINLAN: Briefly, Your Honor.
`THE COURT: Yeah.
`MR. QUINLAN: We did describe the general nature of the
`conversations. No lawyer was present for these conversations.
`It was simply Dr. Figlar and his formal colleagues from Reynolds.
`We did give them a description of -- I would say a broad
`description of what they talked about. But if they want to know
`more about the conversations, that's why we offered for them to
`take the deposition. I think they can learn everything they want
`to know, other than -- what they're requesting is we have to go
`back to Dr. Figlar, ask him what they talked about, write it up,
`send it to them, and they take his deposition anyway. I mean, we
`can just shortcut it.
`THE COURT: Is he available for deposition?
`MR. QUINLAN: He is available. I don't believe he's
`available next week, but we can make him available at any other
`time. I'm sure we can work it out with the other side to make
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 6 of 8 PageID# 32838
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`him available. I think that's the beauty of the Webex; he can be
`available via Webex to take his deposition whenever they'd like,
`convenient with this schedule.
`We will make him as available as possible for them, and
`we're happy to stipulate -- if Your Honor wants, or if the other
`side wants, we can stipulate that he didn't learn anything new
`and that he's not going to testify about anything new and we can
`short-circuit all of this; but I'm not hopeful that that's going
`to be acceptable to the other side.
`THE COURT: All right. Let's make him available for
`deposition on the week of May 30th through the -- that first week
`in June. Arrange dates and take his deposition. Otherwise,
`we're back here again because you proffered what he would say and
`his actual testimony is a little different and we're spending
`half a day at sidebar. So, let's take his deposition, okay?
`MR. GRANT: That sounds fine, Your Honor. But just so
`we're clear, the topic of FDA authorizations is fine; but the
`broad topics include financial information related to Vuse
`products, a vaccine project related to COVID.
`THE COURT: Right.
`MR. GRANT: None of that he's competent to testify about.
`But we'll take the deposition, but the challenge, of course, is
`getting the horse to stop before he leaves the barn and not just
`cross-examining him after the fact.
`THE COURT: I understand that, and that's going to depend
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 7 of 8 PageID# 32839
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`26
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`on what he says on direct examination. What I expect your
`deposition will be is, "What have you learned from these
`gentlemen that you believe will affect your testimony as you
`prepare to testify in this case?"
`MR. GRANT: Right. We'll proffer it that way.
`THE COURT: I think that's the best way to do it.
`MR. GRANT: Yes, sir.
`MR. QUINLAN: Thank you, Your Honor.
`THE COURT: All right. Let's go to the motion for
`sanctions. I've read the -- you know, I've read the pleadings,
`obviously. I've read the transcripts of the hearings before
`Judge Buchanan. I'm not going to overrule her decisions she
`made. If I had the issue myself, would I have decided it the
`same way, maybe not. But it's certainly within her -- it's not
`incorrect as a matter of law to limit the discovery the way she
`did to the actual agreements, not the materials that went into
`it, and so it's a rather narrow decision; but it's not an
`incorrect decision as a matter of law and it's certainly not an
`abuse of discretion.
`So what I'm concerned about is the representations of when
`Jones Day knew about the
`
` and what they said to me in
`open court and what they put in their pleading in trying to
`disqualify Mr. Myer. So, I didn't get her response in the
`opposition from Jones Day that satisfied me, and so that's why
`we're here today.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LO-TCB Document 1273-2 Filed 06/06/22 Page 8 of 8 PageID# 32840
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` C E R T I F I C A T E
`
` I, Scott L. Wallace, RDR-CRR, certify that
`the foregoing is a correct transcript from the record of
`proceedings in the above-entitled matter.
`
`5/23/22
` /s/ Scott L. Wallace
` ---------------------------- ----------------
` Scott L. Wallace, RDR, CRR
` Date
` Official Court Reporter
`
`Scott L. Wallace, RDR, CRR, Official Court Reporter
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