`Case 1:20-cv-00393-LMB-TCB Document 1376-2 Filed 06/29/22 Page 1 of 4 PagelD# 34072
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LMB-TCB Document 1376-2 Filed 06/29/22 Page 2 of 4 PageID# 34073
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Civil Action
`No. 1:20-cv-00393-LO-TCB
`June 2, 2022
`3:00 p.m.
`
`)))))))))))))
`
`ALTRIA CLIENT SERVICES, LLC
`et al.,
`
`Plaintiffs,
`
`v.
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
`
` Defendants.
`
`TRANSCRIPT OF STATUS CALL PROCEEDINGS
`(Via Teleconference)
`BEFORE THE HONORABLE LEONIE M. BRINKEMA,
`UNITED STATES DISTRICT COURT JUDGE
`
`APPEARANCES:
`For the Counterclaim
`Plaintiffs:
`
`For the Counterclaim
`Defendants:
`
`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
`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
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
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`Case 1:20-cv-00393-LMB-TCB Document 1376-2 Filed 06/29/22 Page 3 of 4 PageID# 34074
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`that's good. Again, I've had these papers on my desk for about
`an hour and a half, so I'm doing a quick look at them.
`My understanding also is that basically the claim
`construction has been done, and he basically found that the words
`that are at issue or the claims that are at issue use language
`that is pretty much plain English and doesn't need any kind of
`special construing by the Court. So, as I understand it, that's
`the law of the case, correct?
`MR. GRANT: That's correct. He also ruled that there were
`no disclaimers, but you're correct, Your Honor, he basically said
`it was plain meaning without disclaimers.
`THE COURT: All right. And, Mr. Molster, you agree with
`that?
`MR. MOLSTER: Your Honor, I do agree that he -- the plain
`and ordinary meaning for everything. Now that you're the new
`presiding judge, I'm not sure at all that it's the law of the
`case. I think you're free to do whatever you would like to do,
`but we think -- I do agree that what Judge O'Grady said was that
`it's the plain and ordinary meaning.
`THE COURT: I'm not going to undo anything that Judge
`O'Grady has done. So, whatever he has done, as far as I'm
`concerned, is the law of the case, and I'm just going to be the
`judge that's going to try the case.
`MR. MOLSTER: Understood.
`THE COURT: I'll just try the case.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LMB-TCB Document 1376-2 Filed 06/29/22 Page 4 of 4 PageID# 34075
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` C E R T I F I C A T E
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` I, Scott L. Wallace, RDR-CRR, certify that
`the foregoing is a correct transcript from the record of
`proceedings in the above-entitled matter.
`
`6/2/22
` /s/ Scott L. Wallace
` ---------------------------- ----------------
` Scott L. Wallace, RDR, CRR
` Date
` Official Court Reporter
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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