`Case 1:20-cv-00393-LO-TCB Document 713-2 Filed 06/11/21 Page 1 of 8 Page|D# 17351
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 1:20-cv-00393-LO-TCB Document 713-2 Filed 06/11/21 Page 2 of 8 PageID# 17352
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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 and
`Counterclaim-Defendants,
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.
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`Defendants and
`Counterclaim-Plaintiffs.
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`Case No. 1:20-cv-00393-LO-TCB
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`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)
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`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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`PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 30(b)(6), Altria
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`Client Services LLC, Philip Morris USA, Inc., and Philip Morris Products S.A. (collectively,
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`“Defendants or “Counterclaim Plaintiffs”), by and through their attorneys, will take the deposition
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`upon oral examination of RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor Company
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`(together, “Plaintiffs” or “Counterclaim Defendants”).
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`The deposition will begin on April 2, 2021, at 9:00 a.m., at the offices of Latham & Watkins
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`LLP, 555 Eleventh Street, N.W., Suite 1000, Washington, DC 20004 or at another mutually
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`agreeable time and place (including by remote video conference, if required), and will continue
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`from day to day thereafter until completed. The deposition shall be for all allowable purposes
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`under the Federal Rules of Civil Procedure. The deposition will be recorded by a certified court
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`reporter and may be videotaped. Defendants reserve the right to supplement and/or amend this
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`Notice, as necessary.
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`Pursuant to Federal Rule of Civil Procedure 30(b)(6), Plaintiffs are required to designate
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`one or more officers, directors, managing agents, or other persons who consent to testify on its
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`behalf about each numbered category set forth in Exhibit A, and identify in writing at least five (5)
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`business days in advance of the deposition the name(s) and title(s) of the person(s) who will testify
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`on their behalf and the subject matter on which such person will testify.
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`Dated: March 12, 2021
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`By: /s/ Maximilian A. Grant
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`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
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`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
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`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
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`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
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`Counsel for Defendants Altria Client Services LLC,
`Philip Morris USA Inc., and Philip Morris Products
`S.A.
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`ATTACHMENT A
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`DEFINITIONS & INSTRUCTIONS
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`The Definitions and Instructions in Defendants’ First Set of Requests for the Production of
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`Documents, served on August 11, 2020, are incorporated herein by reference. Additional
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`instructions are set forth below.
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`1.
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`Your designee(s) shall be prepared to testify fully on the following topics, after
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`conducting a diligent and thorough investigation into all information within your possession,
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`custody, or control. Each topic encompasses Documents relating to and the Persons most
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`knowledgeable about the subject matter of the topic.
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`2.
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`In the event you refuse to fully respond to a topic on the basis of a claim of attorney-
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`client privilege, you shall at least respond to that portion of the topic that is unobjectionable and
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`specifically identify that portion of the topic that is allegedly protected by attorney-client privilege.
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`3.
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`In the event you refuse to fully respond to a topic on the basis of a claim of
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`overbreadth, you shall at least respond to that portion of the topic that is unobjectionable and
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`specifically identify that portion of the topic that is allegedly overbroad.
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`4.
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`In the event you refuse to fully respond to a topic on the basis of undue burden, you
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`shall at least respond to that portion of the topic that is unobjectionable and specifically identify
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`that portion of the topic that allegedly presents undue burden.
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`5.
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`Each topic should be construed independently. No topic should be construed by
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`reference to any other topics for the purpose of limiting the scope of response to such topic.
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`6.
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`Any topic “relating to” or “related to” a particular subject shall be construed in its
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`most-inclusive sense and shall be considered a topic that relates to, refers to, discusses,
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`summarizes, reflects, constitutes, contains, embodies, pertains to, mentions, consists of, comprises,
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`shows, comments on, evidences, describes, or in any other way concerns the subject matter.
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`7.
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`Grammar and syntax as used in these topics shall be construed and interpreted to
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`give proper meaning and consistency to their context. By way of illustration, but not limitation,
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`the singular form of words may include plural and the plural form of words may apply to each
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`individual person and/or thing, and the use of any gender or tense may be construed to include all
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`genders and tenses, wherever appropriate in these topics, to bring within their scope any
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`information that might otherwise be construed to be outside their scope.
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`8.
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`The terms “You,” “Plaintiffs,” “Counterclaim Defendants,” and “RJR” refer
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`collectively to RAI Strategic Holdings, Inc. (“RAI”) and R.J. Reynolds Vapor Company
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`(“RJRV”), their predecessors-in-interest, subsidiaries, joint ventures, affiliates, and other legal
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`entities that are wholly or partially owned or controlled by RAI, RJRV, and/or R.J. Reynolds
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`Tobacco Company, either directly or indirectly, and the principals, directors, officers, owners,
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`members, representatives, employees, agents, consultants, accountants, and attorneys of these
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`same entities.
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`9.
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`The terms “Defendants” and “Counterclaim Plaintiffs” refer collectively to Altria
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`Client Services LLC (“ACS”), Philip Morris USA Inc. (“PM USA”), and Philip Morris Products
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`S.A. (“PMP”).
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`TOPICS FOR EXAMINATION
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`The subjects of the examination will be as follows:
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`The factual bases underlying Your contention, including Your response to Interrogatory
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`No. 30 and all supplements thereto, (i) that PMP has not suffered irreparable injury, (ii) that
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`remedies available at law, such as monetary damages, are adequate to compensate for that injury,
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`(iii) that considering the balance of hardships between You and PMP, a remedy in equity is
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`unwarranted, and (iv) that the public interest would be disserved by a permanent injunction.
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 12th day of March, 2021, I caused the foregoing to be served
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`on the following Plaintiffs/Counterclaim Defendants using the designated email address:
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`RJREDVA@jonesday.com.
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`/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
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