Case 1:20-cv-00393-LO-TCB Document 1278-1 Filed 06/07/22 Page 1 of 5 PageID# 32879
`Case 1:20-cv-00393-LO-TCB Document 1278-1 Filed 06/07/22 Page 1 of 5 PagelD# 32879
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`EXHIBIT 1
`EXHIBIT 1
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`Case 1:20-cv-00393-LO-TCB Document 1278-1 Filed 06/07/22 Page 2 of 5 PageID# 32880
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`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Sami - -
`
`Michalik, John M. <jmichalik@JonesDay.com>
`Monday, June 6, 2022 5:11 PM
`Al-Marzoog, Sami (DC); Naples, Clement (NY); #C-M PMIEDVA - LW TEAM;
`Altria.RJRV@weil.com
`RJREDVA; cmolster@molsterlaw.com
`RE: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3
`deposition)
`
`Reynolds does not accept PM’s proposed edits to the Joint Agreed MILs 9-12. PM is the party that has injected the issues laid
`out in my June 5 emails into the case, not Reynolds, and Reynolds is the party seeking to confirm that the Court will not permit
`them to be raised in front of the jury. Reynolds has not, and will not, introduce them at trial. PM’s suggestion that Reynolds
`may do so has no basis. Further, your proposed edits delete the specific guidance we intend to seek from the Court regarding
`the propriety of the questions directed to Dr. Figlar. To avoid further delay, we will be filing our motion shortly but remain open
`to attempting to reach a resolution on some or all of these issues in the form of a suitable set of Agreed MILs prior to appearing
`in Court on Wednesday morning.
`
`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
`
`From: Sami.AlMarzoog@lw.com <Sami.AlMarzoog@lw.com>
`Sent: Monday, June 6, 2022 3:19 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Clement.Naples@lw.com; pmiedva.lwteam@lw.com; Altria.RJRV@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3 deposition)
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`** External mail **
`
`John,
`
`Attached are our edits to the draft stipulation. Per our discussion, these stipulations of course have to apply to both parties so
`we have made this balanced.
`
`Regards,
`
`Sami Al-Marzoog
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
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`1
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`Case 1:20-cv-00393-LO-TCB Document 1278-1 Filed 06/07/22 Page 3 of 5 PageID# 32881
`Direct Dial: +1.202.637.2198
`Email: sami.almarzoog@lw.com
`https://www.lw.com
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`
`
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`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Monday, June 6, 2022 9:24 AM
`To: Naples, Clement (NY) <Clement.Naples@lw.com>; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>;
`Altria.RJRV@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3 deposition)
`
`Clem - -
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`Following up on our discussion last night, attached is our proposed Joint Notice of Agreed MILs 9-12. Please let us know by 2:00
`if we have your permission to file.
`
`
`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
`
`From: Clement.Naples@lw.com <Clement.Naples@lw.com>
`Sent: Sunday, June 5, 2022 8:47 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; pmiedva.lwteam@lw.com; Altria.RJRV@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3 deposition)
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`** External mail **
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`Thanks for the call, John and Chip. We look forward to your proposal on how to narrow or potentially eliminate these issues
`before burdening the Court. Have a nice night.
`
`Clem
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Sunday, June 05, 2022 7:55 PM
`To: Naples, Clement (NY) <Clement.Naples@lw.com>; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>;
`Altria.RJRV@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3 deposition)
`
`Clem - -
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`2
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`Case 1:20-cv-00393-LO-TCB Document 1278-1 Filed 06/07/22 Page 4 of 5 PageID# 32882
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`Based on your questioning of Dr. Figlar on Friday, it appears the parties have different understandings of the Court’s rulings. We
`can use the following dial in for our call at 8:30.
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`Dial in: 1.540.792.0192
`Conference code: 616239#
`
`
`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
`
`From: Clement.Naples@lw.com <Clement.Naples@lw.com>
`Sent: Sunday, June 5, 2022 6:13 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; pmiedva.lwteam@lw.com; Altria.RJRV@weil.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3 deposition)
`
`** External mail **
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`John,
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`Can you let us know before the call what specifically from the below you believe is not already covered by the current MIL
`orders? We can talk at 8:30 tonight.
`
`Thanks,
`
`Clem
`
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`From: Michalik, John M. <jmichalik@JonesDay.com>
`Date: Sunday, Jun 05, 2022, 4:53 PM
`To: #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>, Altria.RJRV@weil.com <Altria.RJRV@weil.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>, cmolster@molsterlaw.com <cmolster@molsterlaw.com>
`Subject: Case No. 1:20-cv-00393-LO-TCB (motion to preclude testimony elicited during June 3 deposition)
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`Counsel - -
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`Reynolds intends to file a motion to preclude PM/Altria from introducing at trial any evidence, testimony, or argument relating
`to alleged racial targeting, alleged youth marketing, prospective FDA action regarding menthol or flavored tobacco products, and
`allegations against Reynolds in product-liability cases, all of which were the subject of questions directed to Dr. Figlar during his
`June 3 deposition. Please provide your availability to meet and confer by 9:00 PM so we can raise this issue with the Court
`promptly.
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`John M. Michalik
`Partner
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`Case 1:20-cv-00393-LO-TCB Document 1278-1 Filed 06/07/22 Page 5 of 5 PageID# 32883
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`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
`
`
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