Case 1:20-cv-00393-LO-TCB Document 654 Filed 05/21/21 Page 1 of 5 PageID# 14808
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`RAI STRATEGIC HOLDINGS, INC. AND R.J.
`REYNOLDS VAPOR COMPANY
`
`
`Plaintiffs-Counterclaim
`Defendants,
`
`
`v.
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; PHILIP MORRIS
`PRODUCTS S.A.
`
`
`Defendants-Counterclaim
`Plaintiffs.
`
`Case No. 1:20-cv-00393-LO-TCB
`
`
`
`
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`COUNTERCLAIM PLAINTIFFS PHILIP MORRIS PRODUCTS S.A., ALTRIA CLIENT
`SERVICES LLC, AND PHILIP MORRIS USA INC.’S RULE 26(A)(3) DISCLOSURES
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`Pursuant to Rules 26(a)(3) and 32(a)(3) of the Federal Rules of Civil Procedure and Local
`
`
`
`Civil Rule 30(f), Counterclaim Plaintiffs Philip Morris Products S.A., Altria Client Services LLC,
`
`and Philip Morris USA Inc. (collectively, “Counterclaim Plaintiffs”) provide the following pretrial
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`disclosures and deposition designations, attached hereto as Exhibits A-C as follows:
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`Exhibit A: Counterclaim Plaintiffs’ Trial Witness List
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`Exhibit B: Counterclaim Plaintiffs’ Deposition Designations; and
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`Exhibit C: Counterclaim Plaintiffs’ Trial Exhibit List.
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`Counterclaim Plaintiffs reserve the right to amend, modify, or supplement these pretrial
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`disclosures with witnesses, deposition testimony, or documents that are relevant to any issue later
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`disclosed by the parties or any third party, including at trial, or based upon subsequent events,
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`1
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`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`RAI STRATEGIC HOLDINGS, INC. AND R.J.
`REYNOLDS VAPOR COMPANY
`
`
`Plaintiffs-Counterclaim
`Defendants,
`
`
`v.
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; PHILIP MORRIS
`PRODUCTS S.A.
`
`
`Defendants-Counterclaim
`Plaintiffs.
`
`Case No. 1:20-cv-00393-LO-TCB
`
`
`
`
`
`COUNTERCLAIM PLAINTIFFS PHILIP MORRIS PRODUCTS S.A., ALTRIA CLIENT
`SERVICES LLC, AND PHILIP MORRIS USA INC.’S RULE 26(A)(3) DISCLOSURES
`
`Pursuant to Rules 26(a)(3) and 32(a)(3) of the Federal Rules of Civil Procedure and Local
`
`
`
`Civil Rule 30(f), Counterclaim Plaintiffs Philip Morris Products S.A., Altria Client Services LLC,
`
`and Philip Morris USA Inc. (collectively, “Counterclaim Plaintiffs”) provide the following pretrial
`
`disclosures and deposition designations, attached hereto as Exhibits A-C as follows:
`
`Exhibit A: Counterclaim Plaintiffs’ Trial Witness List
`
`Exhibit B: Counterclaim Plaintiffs’ Deposition Designations; and
`
`Exhibit C: Counterclaim Plaintiffs’ Trial Exhibit List.
`
`Counterclaim Plaintiffs reserve the right to amend, modify, or supplement these pretrial
`
`disclosures with witnesses, deposition testimony, or documents that are relevant to any issue later
`
`disclosed by the parties or any third party, including at trial, or based upon subsequent events,
`
`1
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`
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`Case 1:20-cv-00393-LO-TCB Document 654 Filed 05/21/21 Page 2 of 5 PageID# 14809
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`including, without limitation, the Court’s rulings on the parties’ pending and contemplated
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`motions, or as otherwise appropriate.
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`Counterclaim Plaintiffs’ deposition designations and listing of trial exhibits are designed
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`to comply with the Court’s Orders, Federal and Local Rules, and in accordance with the parties’
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`agreements and to preserve Counterclaim Plaintiffs’ rights, based on the present status of the case.
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`Counterclaim Plaintiffs’ proposed designations and trial exhibits do not waive their rights to object
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`to certain categories of evidence as being irrelevant or otherwise inadmissible. The parties will
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`exchange objections and present to the Court disputes regarding the issues and evidence to be
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`presented to the jury and the relevancy and admissibility of certain testimony and exhibits. Until
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`the Court addresses and rules on such disputes, Counterclaim Plaintiffs reserve the right to make
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`final decisions regarding what witnesses to call and what exhibits to proffer.
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`A. Witnesses
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`Counterclaim Plaintiffs reserve the right to supplement or amend the list in light of any
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`Court order related to motions in limine or the scope of the trial or in light of any information
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`submitted by Counterclaim Defendants RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor
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`Company as part of its pretrial filings or otherwise. Counterclaim Plaintiffs further reserve the
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`right to present testimony by any witness identified by Counterclaim Defendants not excluded
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`pursuant to Counterclaim Plaintiffs’ objections, and to offer additional testimony by deposition or
`
`trial transcript. Counterclaim Plaintiffs reserve the right to present testimony from rebuttal
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`witnesses and to call additional witnesses for purposes of impeachment.
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`B.
`
`Deposition Designations
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`Counterclaim Plaintiffs reserve the right to introduce all, any, or none of the designated
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`testimony with any associated and/or referenced exhibits.
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`
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`Case 1:20-cv-00393-LO-TCB Document 654 Filed 05/21/21 Page 3 of 5 PageID# 14810
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`C.
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`Exhibits
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`The listing of a trial exhibit on Counterclaim Plaintiffs’ proposed trial exhibit list does not
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`represent or otherwise require that Counterclaim Plaintiffs introduce that exhibit and does not
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`waive Counterclaim Plaintiffs’ right to object to the use or admission of that exhibits by
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`Counterclaim Defendants.
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`The descriptions of the exhibits are provided herein for the convenience of the parties only,
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`and are not intended to be an admission as to the scope or substance of the content herein. Any
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`dates provided with respect to an exhibit are strictly for convenience of the parties and do not
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`constitute an admission that the document contained in said exhibit was published, generated, or
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`otherwise made available on that date.
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`Counterclaim Plaintiffs reserve the right to use, and incorporate herein, (i) any additional
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`exhibits, if necessary, in rebuttal to exhibits or testimony offered by Counterclaim Defendants or
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`for cross examination or impeachment purposes; (ii) any exhibit designated by Counterclaim
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`Defendants (including on its May 21, 2021 Exhibit List or any supplements or amendments
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`thereto); (iii) any document that becomes available on or after May 21, 2021; (iv) a substantially
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`similar version of any exhibit set forth below from a different source or party’s files; and (v) any
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`enlargement, electronic version, or original of any exhibit for purposes of use at trial.
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`Counterclaim Plaintiffs reserve the right to remove exhibits from the list based on outcomes of any
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`motions in limine. Finally, Counterclaim Plaintiffs reserve the right to use demonstrative exhibits
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`at the trial.
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`Counterclaim Plaintiffs reserve the right to supplement, amend, or correct this proposed
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`exhibit list, including by providing better copies of exhibits, should such be required or advisable.
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`Case 1:20-cv-00393-LO-TCB Document 654 Filed 05/21/21 Page 4 of 5 PageID# 14811
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`Dated: May 21, 2021
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`Respectfully submitted,
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`
`
`By: /s/ Maximilian A. Grant
`Maximilian A. Grant (VSB No. 91792)
`max.grant@lw.com
`Lawrence J. Gotts (VSB No. 25337)
`lawrence.gotts@lw.com
`Matthew J. Moore (pro hac vice)
`matthew.moore@lw.com
`Jamie Underwood
`jamie.underwood@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
`
`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 Counterclaim Plaintiffs Philip Morris
`Products S.A., Altria Client Services LLC, and
`Philip Morris USA Inc.
`
`
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`Case 1:20-cv-00393-LO-TCB Document 654 Filed 05/21/21 Page 5 of 5 PageID# 14812
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 21st day of May, 2021, a true and correct copy of the
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`foregoing was served using the Court’s CM/ECF system, with electronic notification of such
`filing to all counsel of record:
`
`
`
`
`
`/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 Counterclaim Plaintiffs Philip
`Morris Products S.A., Altria Client Services
`LLC, and Philip Morris USA Inc.
`
`1
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