Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 1 of 8 PageID# 14012
`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 1 of 8 Page|D# 14012
`
`EXHIBIT 5
`
`EXHIBIT 5
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 2 of 8 PageID# 14013
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`RAI STRATEGIC HOLDINGS, INC. AND R.J.
`REYNOLDS VAPOR COMPANY
`
`
`Plaintiff and
`Counterclaim-Defendants,
`
`
`v.
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.
`
`
`Defendants and
`Counterclaim-Plaintiffs.
`
`Case No. 1:20-cv-00393-LO-TCB
`
`
`
`
`
`DEFENDANTS’ THIRD NOTICE OF DEPOSITION OF PLAINTIFFS RAI
`STRATEGIC HOLDINGS, INC. AND R.J. REYNOLDS VAPOR COMPANY
`PURSUANT TO FED. R. CIV. P. 30(b)(6)
`
`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
`
`PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 30(b)(6), Altria
`
`Client Services LLC, Philip Morris USA, Inc., and Philip Morris Products S.A. (collectively,
`
`“Defendants or “Counterclaim Plaintiffs”), by and through their attorneys, will take the deposition
`
`upon oral examination of RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor Company
`
`(together, “Plaintiffs” or “Counterclaim Defendants”).
`
`The deposition will begin on April 2, 2021, at 9:00 a.m., at the offices of Latham & Watkins
`
`LLP, 555 Eleventh Street, N.W., Suite 1000, Washington, DC 20004 or at another mutually
`
`agreeable time and place (including by remote video conference, if required), and will continue
`
`from day to day thereafter until completed. The deposition shall be for all allowable purposes
`
`under the Federal Rules of Civil Procedure. The deposition will be recorded by a certified court
`
`1
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 3 of 8 PageID# 14014
`
`
`
`reporter and may be videotaped. Defendants reserve the right to supplement and/or amend this
`
`Notice, as necessary.
`
`Pursuant to Federal Rule of Civil Procedure 30(b)(6), Plaintiffs are required to designate
`
`one or more officers, directors, managing agents, or other persons who consent to testify on its
`
`behalf about each numbered category set forth in Exhibit A, and identify in writing at least five (5)
`
`business days in advance of the deposition the name(s) and title(s) of the person(s) who will testify
`
`on their behalf and the subject matter on which such person will testify.
`
`Dated: March 12, 2021
`
`
`
`
`
`By: /s/ Maximilian A. Grant
`
`
`
`
`
`
`
`
`
`Maximilian A. Grant (VSB No. 9179)
`(max.grant@lw.com)
`Matthew J. Moore (pro hac vice)
`matthew.moore@lw.com
`Latham & Watkins LLP
`555 Eleventh Street, N.W., Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`
`Clement J. Naples (pro hac vice)
`clement.naples@lw.com
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Tel: (212) 906-1200; Fax: (212) 751-4864
`
`Gregory J. Sobolski (pro hac vice)
`greg.sobolski@lw.com
`Latham & Watkins LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`
`
`
`
`
`
`2
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 4 of 8 PageID# 14015
`
`
`
`
`
`
`
`Brenda L. Danek (pro hac vice)
`brenda.danek@lw.com
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Tel: (312) 876-7700; Fax: (312) 993-9767
`
`Counsel for Defendants Altria Client Services LLC,
`Philip Morris USA Inc., and Philip Morris Products
`S.A.
`
`3
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 5 of 8 PageID# 14016
`
`ATTACHMENT A
`
`DEFINITIONS & INSTRUCTIONS
`
`The Definitions and Instructions in Defendants’ First Set of Requests for the Production of
`
`Documents, served on August 11, 2020, are incorporated herein by reference. Additional
`
`instructions are set forth below.
`
`1.
`
`Your designee(s) shall be prepared to testify fully on the following topics, after
`
`conducting a diligent and thorough investigation into all information within your possession,
`
`custody, or control. Each topic encompasses Documents relating to and the Persons most
`
`knowledgeable about the subject matter of the topic.
`
`2.
`
`In the event you refuse to fully respond to a topic on the basis of a claim of attorney-
`
`client privilege, you shall at least respond to that portion of the topic that is unobjectionable and
`
`specifically identify that portion of the topic that is allegedly protected by attorney-client privilege.
`
`3.
`
`In the event you refuse to fully respond to a topic on the basis of a claim of
`
`overbreadth, you shall at least respond to that portion of the topic that is unobjectionable and
`
`specifically identify that portion of the topic that is allegedly overbroad.
`
`4.
`
`In the event you refuse to fully respond to a topic on the basis of undue burden, you
`
`shall at least respond to that portion of the topic that is unobjectionable and specifically identify
`
`that portion of the topic that allegedly presents undue burden.
`
`5.
`
`Each topic should be construed independently. No topic should be construed by
`
`reference to any other topics for the purpose of limiting the scope of response to such topic.
`
`6.
`
`Any topic “relating to” or “related to” a particular subject shall be construed in its
`
`most-inclusive sense and shall be considered a topic that relates to, refers to, discusses,
`
`summarizes, reflects, constitutes, contains, embodies, pertains to, mentions, consists of, comprises,
`
`shows, comments on, evidences, describes, or in any other way concerns the subject matter.
`
`4
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 6 of 8 PageID# 14017
`
`
`
`7.
`
`Grammar and syntax as used in these topics shall be construed and interpreted to
`
`give proper meaning and consistency to their context. By way of illustration, but not limitation,
`
`the singular form of words may include plural and the plural form of words may apply to each
`
`individual person and/or thing, and the use of any gender or tense may be construed to include all
`
`genders and tenses, wherever appropriate in these topics, to bring within their scope any
`
`information that might otherwise be construed to be outside their scope.
`
`8.
`
`The terms “You,” “Plaintiffs,” “Counterclaim Defendants,” and “RJR” refer
`
`collectively to RAI Strategic Holdings, Inc. (“RAI”) and R.J. Reynolds Vapor Company
`
`(“RJRV”), their predecessors-in-interest, subsidiaries, joint ventures, affiliates, and other legal
`
`entities that are wholly or partially owned or controlled by RAI, RJRV, and/or R.J. Reynolds
`
`Tobacco Company, either directly or indirectly, and the principals, directors, officers, owners,
`
`members, representatives, employees, agents, consultants, accountants, and attorneys of these
`
`same entities.
`
`9.
`
`The terms “Defendants” and “Counterclaim Plaintiffs” refer collectively to Altria
`
`Client Services LLC (“ACS”), Philip Morris USA Inc. (“PM USA”), and Philip Morris Products
`
`S.A. (“PMP”).
`
`5
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 7 of 8 PageID# 14018
`
`
`
`TOPICS FOR EXAMINATION
`
`The subjects of the examination will be as follows:
`
`
`
`The factual bases underlying Your contention, including Your response to Interrogatory
`
`No. 30 and all supplements thereto, (i) that PMP has not suffered irreparable injury, (ii) that
`
`remedies available at law, such as monetary damages, are adequate to compensate for that injury,
`
`(iii) that considering the balance of hardships between You and PMP, a remedy in equity is
`
`unwarranted, and (iv) that the public interest would be disserved by a permanent injunction.
`
`6
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 616-3 Filed 05/14/21 Page 8 of 8 PageID# 14019
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 12th day of March, 2021, I caused the foregoing to be served
`
`on the following Plaintiffs/Counterclaim Defendants using the designated email address:
`
`RJREDVA@jonesday.com.
`
`
`
`
`
`/s/ Maximilian A. Grant
`Maximilian A. Grant (VSB No. 91792)
`max.grant@lw.com
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Ste. 1000
`Washington, DC 20004
`Tel: (202) 637-2200; Fax: (202) 637-2201
`
`
`
`7
`
`