`
`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
`OBJECTIONS TO COUNTERCLAIM DEFENDANTS’ WITNESS LIST
`
`Pursuant to Federal Rule of Civil Procedure 26(a)(3), Counterclaim Plaintiffs Philip Morris
`
`Products S.A., Altria Client Services LLC, and Philip Morris USA Inc. (collectively,
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`“Counterclaim Plaintiffs”) provide the following objections to Counterclaim Defendants’ witness
`
`list.
`
`Counterclaim Plaintiffs object to Counterclaim Defendants’ witness list to the extent that
`
`it identifies witnesses who have not been deposed or offered for deposition in this case. To the
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`extent that Counterclaim Defendants will call any witness that Counterclaim Plaintiffs have not
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`deposed in this case, Counterclaim Plaintiffs reserve the right to depose those witnesses prior to
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`the start of trial.
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`
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`Case 1:20-cv-00393-LO-TCB Document 701 Filed 06/04/21 Page 2 of 4 PageID# 17117
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`Counterclaim Plaintiffs further object to Counterclaim Defendants calling by deposition
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`any non-party witness who is not “unavailable” under Rule 32(a)(4) and any non-30(b)(6)
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`testimony from a Counterclaim Plaintiff witness who is not “unavailable” under Rule 32(a)(4).1
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`Counterclaim Plaintiffs reserve the right to amend, remove, modify, or supplement these
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`objections after the parties have had an opportunity to meet and confer regarding objections or in
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`light of any Court order, including any order regarding the parties’ motions in limine, any
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`information submitted by Counterclaim Defendants prior to trial, or any other case developments.
`
`
`
`Dated: June 4, 2021
`
`
`
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`
`
`
`
`
`
`
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`Respectfully submitted,
`
`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
`
`
`1 The parties have agreed to exchange counter deposition designations today, and file complete
`page/line charts and objections on August 6, 2021. (D.I. 680).
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 701 Filed 06/04/21 Page 3 of 4 PageID# 17118
`
`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.
`
`3
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 701 Filed 06/04/21 Page 4 of 4 PageID# 17119
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 4th day of June, 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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`
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