`
`
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Michalik, John M.
`Monday, May 2, 2022 5:44 PM
`Brett.Sandford@lw.com; pmiedva.lwteam@lw.com; rvanarnam@williamsmullen.com;
`cbrannon@williamsmullen.com; Altria.RJRV@weil.com
`RJREDVA; cmolster@molsterlaw.com
`RE: 1:20-cv-00393-LO-TCB (Reynolds Rule 26 supplementation)
`
`Brett ‐ ‐
`
`Reynolds expects to produce the documents mentioned in my April 28 email by this Friday, May 6. We also can agree to
`a mutual exchange of amended exhibit lists. We propose exchanging at 5 ET on May 13.
`
`
`With respect to Dr. Figlar, he spoke with Aaron Williams and Elaine Round about the VUSE Solo clearance as well as the
`status of FDA’s review of Reynolds’s other pending PMTAs. Dr. Figlar also spoke with Jorge Araya to discuss marketing
`of VUSE products and with Richard Baker regarding financial information related to the VUSE products. Finally, Dr. Figlar
`spoke with Patrick Doyle and Barry Bratcher to get an update on a vaccine project with which he was involved in the
`research and development. The Rule 30(b)(6) topic relevant to the trial and to which his conversations related was
`Topic 22. Dr. Figlar’s discussions were also generally relevant to PMP’s injunction‐related topics, but we understand that
`neither side will be offering purely injunction‐related evidence at trial.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`*Please note our new address effective April 25, 2022
`
`From: Brett.Sandford@lw.com <Brett.Sandford@lw.com>
`Sent: Friday, April 29, 2022 4:12 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; pmiedva.lwteam@lw.com; Elizabeth.Weiswasser@weil.com;
`david.lender@weil.com; anish.desai@weil.com; adrian.percer@weil.com; robert.vlasis@weil.com;
`rvanarnam@williamsmullen.com; cbrannon@williamsmullen.com; Matthew.Sieger@weil.com; Altria.RJRV@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: 1:20‐cv‐00393‐LO‐TCB (Reynolds Rule 26 supplementation)
`
`** External mail **
`
`John,
`
`
`Please confirm that Reynolds will produce the documents referenced in your email below by Monday. PMI/Altria also
`intends to serve an amended exhibit list. We propose that the parties mutually exchange amended exhibit lists at 5 pm
`ET on June 6th. Please let us know if you agree.
`
`
`1
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`
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`Case 1:20-cv-00393-LO-TCB Document 1273-3 Filed 06/06/22 Page 2 of 3 PageID# 32842
`
`Separately, with respect to Dr. Figlar, please (i) identify the specific Rule 30(b)(6) topics that you are referencing below,
`(ii) identify the Reynolds’ employees that he spoke with, and (iii) provide a detailed description of the subject matter of
`those conversations. Once you have provided this information and produced all documents, we will be able to assess
`whether to take Dr. Figlar’s deposition. We reserve all rights.
`
`
`Regards,
`
`Brett M. Sandford
`
`
`LATHAM & WATKINS LLP
`505 Montgomery Street | Suite 2000 | San Francisco, CA 94111-6538
`D: +1.415.395.8150
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Thursday, April 28, 2022 5:40 PM
`To: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>; Elizabeth.Weiswasser@weil.com; david.lender@weil.com;
`anish.desai@weil.com; adrian.percer@weil.com; robert.vlasis@weil.com; rvanarnam@williamsmullen.com;
`cbrannon@williamsmullen.com; Matthew.Sieger@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: 1:20‐cv‐00393‐LO‐TCB (Reynolds Rule 26 supplementation)
`
`Counsel ‐ ‐
`
`
`Pursuant to Rule 26(e), we intend to produce documents that have become available since the close of fact discovery in
`April 2021, for example updated PMTA materials, that are responsive to PM/Altria’s RFPs. We also will serve an
`amended exhibit list. In addition, Dr. Figlar recently spoke with several individuals at Reynolds to get updated
`information from the company, including on Rule 30(b)(6) topics for which he was Reynolds’s corporate designee. While
`his conversations have not substantively changed his prior testimony on behalf of the company, we will make him
`available for a limited deposition prior to trial if you want to ask him about those conversations.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`*Please note our new address effective April 25, 2022
`
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`2
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`Case 1:20-cv-00393-LO-TCB Document 1273-3 Filed 06/06/22 Page 3 of 3 PageID# 32843
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