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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`RAI STRATEGIC HOLDINGS, INC. AND R.J.
`REYNOLDS VAPOR COMPANY
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`Plaintiff,
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; ALTRIA GROUP, INC.;
`PHILIP MORRIS INTERNATIONAL INC.;
`and PHILIP MORRIS PRODUCTS S.A.
`
`
`Defendants.
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`Case No. 1:20-cv-00393-LO-TCB
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`STIPULATION OF DISMISSAL
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`Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, RAI Strategic
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`Holdings, Inc. and R.J. Reynolds Vapor Company (collectively, “Plaintiffs”) and Defendants
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`Altria Client Services LLC (“ACS”), Philip Morris USA, Inc. (“PM USA”), and Philip Morris
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`Products S.A. (“PMPSA”) stipulate that Defendants Altria Group, Inc. (“AGI”) and Philip Morris
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`International Inc. (“PMII”) should be dismissed from this case without prejudice.
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`WHEREAS, Plaintiffs served the Summons and Complaint on Defendants AGI and PMII
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`on or about April 13, 2020.
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`WHEREAS, those Defendants’ responses to the Complaint are due on May 4, 2020.
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`WHEREAS, Defendants AGI and PMII represent that they are each holding companies
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`that have not engaged in the manufacture, use, sale, offer for sale or importation of any accused
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`products.
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`1
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`Case 1:20-cv-00393-LO-TCB Document 15 Filed 05/01/20 Page 2 of 5 PageID# 285
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`WHEREAS, Defendants ACS, PM USA, and PMPSA agree that they will not use the
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`absence of AGI and/or PMII from the case as a basis to resist discovery, and that they will not
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`make any substantive argument during the case that is based, in whole or in part, on the absence
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`of AGI and/or PMII from the case.
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`WHEREAS, in view of the foregoing, Plaintiffs consent to the dismissal of AGI and PMII
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`from this action, without prejudice.
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`NOW, THEREFORE, Plaintiffs, PMII and AGI hereby stipulate and agree as follows:
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`1.
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`All claims in this action against PMII and AGI are hereby dismissed without
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`prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure.
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`2.
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`PMII and AGI submit and consent to the jurisdiction of this Court solely for the
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`purposes of enforcing this stipulation, and to adjudicate or resolve any disputes regarding its terms,
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`interpretation, application, or requirements. Plaintiffs, ACS, PM USA, and PMPSA submit and
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`consent to the jurisdiction of this Court for the purposes of enforcing this stipulation, and to
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`adjudicate or resolve any disputes regarding its terms, interpretation, application, or requirements.
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`SO ORDERED this ____________ day of __________, 2020.
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`____________________________________
`THERESA CARROLL BUCHANAN
`UNITED STATES MAGISTRATE JUDGE
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`2
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`Case 1:20-cv-00393-LO-TCB Document 15 Filed 05/01/20 Page 3 of 5 PageID# 286
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`Dated: May 1, 2020
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` Respectfully submitted,
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` By: /s/ Maximilian A. Grant
`Maximilian A. Grant (VSB No. 91792)
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`max.grant@lw.com
`
`Counsel for Defendants Altria Client Services
`LLC, Altria Group, Inc., Philip Morris USA,
`Inc., Philip Morris International Inc., and
`Philip Morris Products S.A.
`
`By: /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
`
`
`
`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`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
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`John J. Normile
`JONES DAY
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`3
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`Case 1:20-cv-00393-LO-TCB Document 15 Filed 05/01/20 Page 4 of 5 PageID# 287
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`250 Vesey Street
`New York, NY 10281
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
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`Counsel for Plaintiffs
`RAI Strategic Holdings, Inc.
`R.J. Reynolds Vapor Company
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`4
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`Case 1:20-cv-00393-LO-TCB Document 15 Filed 05/01/20 Page 5 of 5 PageID# 288
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that on this 1st day of May, 2020, a true and correct copy of the foregoing
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`was served using the Court’s CM/ECF system, with electronic notification of such filing to all
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`counsel of record:
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`/s/ Maximilian A. Grant
`Maximilian A. Grant (VSB No. 91792)
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`Email: max.grant@lw.com
`
`Counsel for Defendants Altria Client
`Services LLC, Altria Group, Inc., Philip
`Morris USA, Inc., Philip Morris
`International Inc., and Philip Morris
`Products S.A.
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