Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 1 of 7 PageID# 17716
`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 1 of 7 Page|D# 17716
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 2 of 7 PageID# 17717
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`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Counsel:
`
`Erica Baum <Erica_Baum@vaed.uscourts.gov>
`Thursday, May 27, 2021 6:58 AM
`Gotts, Larry (DC); dmaiorana@JonesDay.com; cmolster@molsterlaw.com;
`jweizenecker@jonesday.com; msquinlan@jonesday.com; msmit@jonesday.com;
`nmsmith@jonesday.com; Underwood, Jamie (DC); Grant, Max (NY-DC);
`jmichalik@JonesDay.com; wdevitt@jonesday.com
`Koh, Jennifer (SD); Thomas, Amy (DC)
`RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
`As it appears both parties agree to the original joint stipulation, please file a signed stipulation on the docket for the
`Court’s signature.
`
`Best,
`Erica Baum
`
`From: Lawrence.Gotts@lw.com <Lawrence.Gotts@lw.com>
`Sent: Thursday, May 27, 2021 7:59 AM
`To: dmaiorana@JonesDay.com; Erica Baum <Erica_Baum@vaed.uscourts.gov>; cmolster@molsterlaw.com;
`jweizenecker@jonesday.com; msquinlan@jonesday.com; msmit@jonesday.com; nmsmith@jonesday.com;
`Jamie.Underwood@lw.com; Max.Grant@lw.com; jmichalik@JonesDay.com; wdevitt@jonesday.com
`Cc: Jennifer.Koh@lw.com; Amy.Thomas@lw.com
`Subject: RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
`CAUTION - EXTERNAL:
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`Dear Ms. Baum,
`
`Based upon Reynold’s email below, Reynold’s is now agreeing to honor its previous agreement regarding the stipulation.
`It is flatly false that PMP has refused to meet and confer, and PMP has informed Reynolds that it is agreeable to doing
`so, and that it likewise will be addressing Reynold’s document production deficiencies. We are hopeful that any
`remaining issues can be resolved or significantly narrowed through that process.
`
`With best regards,
`
`Larry
`
`Lawrence J. Gotts
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Direct Dial: 202.637.2384
`Fax: 202.637.2201
`Mobile: 301.873.3700
`
`1
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`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 3 of 7 PageID# 17718
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`Email: larry.gotts@lw.com
`http://www.lw.com
`
`
`From: Maiorana, David M. <dmaiorana@JonesDay.com>
`Date: Thursday, May 27, 2021, 7:47 AM
`To: Gotts, Larry (DC) <Lawrence.Gotts@lw.com>, Erica_Baum@vaed.uscourts.gov <Erica_Baum@vaed.uscourts.gov>,
`cmolster@molsterlaw.com <cmolster@molsterlaw.com>, Weizenecker, Jennifer L. <jweizenecker@jonesday.com>, Quinlan,
`Michael S. <msquinlan@jonesday.com>, Smit, Michelle B. <msmit@jonesday.com>, Smith, Nicole M.
`<nmsmith@jonesday.com>, Underwood, Jamie (DC) <Jamie.Underwood@lw.com>, Grant, Max (NY-DC)
`<Max.Grant@lw.com>, Michalik, John M. <jmichalik@JonesDay.com>, Devitt, William E. <wdevitt@jonesday.com>
`Cc: Koh, Jennifer (SD) <Jennifer.Koh@lw.com>, Thomas, Amy (DC) <Amy.Thomas@lw.com>
`Subject: RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
`Dear Ms. Baum,
`
`I write in response to Mr. Gotts’s second email, which confuses two issues. First, Reynolds had already agreed to Dr.
`Figlar’s deposition on June 24. That alone resolves Counterclaim-Plaintiffs’ motion to compel. But the second issue
`arises because, in resolving their motions to compel this week, the parties reached a fundamental agreement on how
`injunction-related discovery would proceed. First, the parties would resolve all document disputes concerning their
`injunction-related document productions, and then would complete their productions, by June 7 to allow adequate time
`to prepare for the depositions identified in the stipulation. It is this latter issue on which Counterclaim-Plaintiffs are now
`unwilling to uphold their end of the bargain. Indeed, they recently have refused to engage in a meet and confer so that
`the parties could address significant issues with Counterclaim-Plaintiffs’ document production on the previously-agreed
`timetable, although we are hopeful that they will reconsider.
`
`
`Nevertheless, to resolve the latest dispute over deposition dates, Reynolds will agree to the Court entering
`Counterclaim-Plaintiffs’ draft stipulation. Reynolds will, however, seek appropriate relief from the Court if
`Counterclaim-Plaintiffs continue to refuse to produce relevant documents, including to seek modification of the
`stipulation to avoid having to take depositions before receiving all relevant documents with adequate time to prepare.
`
`
`Best regards,
`David Maiorana
`
`
`
`
`David M. Maiorana (bio)
`Partner
`JONES DAY® - One Firm Worldwide℠
`901 Lakeside Ave.
`Cleveland, OH 44114
`Office: 1.216.586.7499
`Email: dmaiorana@jonesday.com
`
`
`From: Lawrence.Gotts@lw.com <Lawrence.Gotts@lw.com>
`Sent: Wednesday, May 26, 2021 7:51 PM
`To: Maiorana, David M. <dmaiorana@JonesDay.com>; Erica_Baum@vaed.uscourts.gov; cmolster@molsterlaw.com;
`Weizenecker, Jennifer L. <jweizenecker@jonesday.com>; Quinlan, Michael S. <msquinlan@jonesday.com>; Smit,
`Michelle B. <msmit@jonesday.com>; Smith, Nicole M. <nmsmith@jonesday.com>; Jamie.Underwood@lw.com;
`Max.Grant@lw.com; Michalik, John M. <jmichalik@JonesDay.com>; Devitt, William E. <wdevitt@jonesday.com>
`Cc: Jennifer.Koh@lw.com; Amy.Thomas@lw.com; Lawrence.Gotts@lw.com
`Subject: RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
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`2
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`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 4 of 7 PageID# 17719
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`** External mail **
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`Dear Ms. Baum,
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`I write in response to Mr. Maiorana’s email regarding the agreement of the parties. We do not agree to
`Reynolds proposed stipulation. PMP’s motion to compel the Rule 30(b)(1) and 30(b)(6) deposition of
`Reynolds’s witness, Dr. Figlar, is entirely unrelated to any dispute that Reynolds might have regarding PMP’s
`document production. At no time in the correspondence or otherwise did PMP agree to withdraw its motion
`to compel Dr. Figlar’s deposition, and condition Reynolds’ production of Dr. Figlar, on Reynolds’ unilateral
`determination regarding the adequacy of PMP’s document production. Nor would it, since Dr. Figlar is not
`even permitted to review PMP’s document production under the Protective Order. Indeed, it is this improper
`“tit-for-tat” approach to discovery that necessitated PMP’s motion to compel Dr. Figlar’s deposition in the first
`instance.
`
`
`Separate from the agreement to produce their witnesses for deposition in response to the Court’s direction
`that the parties provide deposition dates, both Reynolds and PMP have agreed to complete their injunction-
`related document productions by June 7th. If Reynolds has issues regarding that production that the parties
`are unable to resolve, it is free to bring a motion to compel. Although we are hopeful that such further
`motion practice will be unnecessary regarding either parties’ document productions, Reynolds’ agreement to
`produce Dr. Figlar for deposition is decoupled from Reynolds’ unilateral determination as to the adequacy of
`PMP’s document production. Reynolds should be required to produce Dr. Figlar on June 24th, as agreed and
`as requested in PMP’s motion to compel, and if any lingering issues regarding PMP’s document production
`remain as of June 7th, Reynolds can separately address these issues by motion.
`
`
`We respectfully request that the Court order the depositions of the parties’ witnesses to proceed on the
`agreed dates.
`
`
`With best regards,
`
`
`Larry
`
`
`Lawrence J. Gotts
`
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Direct Dial: +1.202.637.2384
`Fax: +1.202.637.2201
`Email: lawrence.gotts@lw.com
`http://www.lw.com
`
`
`
`
`From: Maiorana, David M. <dmaiorana@JonesDay.com>
`Sent: Wednesday, May 26, 2021 6:13 PM
`To: Gotts, Larry (DC) <Lawrence.Gotts@lw.com>; Erica_Baum@vaed.uscourts.gov; cmolster@molsterlaw.com;
`Weizenecker, Jennifer L. <jweizenecker@jonesday.com>; Quinlan, Michael S. <msquinlan@jonesday.com>; Smit,
`Michelle B. <msmit@jonesday.com>; Smith, Nicole M. <nmsmith@jonesday.com>; Underwood, Jamie (DC)
`<Jamie.Underwood@lw.com>; Grant, Max (NY-DC) <Max.Grant@lw.com>; Michalik, John M.
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`3
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`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 5 of 7 PageID# 17720
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`<jmichalik@JonesDay.com>; Devitt, William E. <wdevitt@jonesday.com>
`Cc: Koh, Jennifer (SD) <Jennifer.Koh@lw.com>; Thomas, Amy (DC) <Amy.Thomas@lw.com>
`Subject: RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
`
`Dear Ms. Baum,
`
`
`Mr. Gotts’s email does not reflect the full scope of the parties’ agreement on Monday. As the attached email chain
`demonstrates, Mr. Gotts is correct that Reynolds confirmed it would offer a date for Dr. Figlar’s deposition. Reynolds
`did so this morning, offering either June 23 or June 24. In turn, Counterclaim-Plaintiffs confirmed that for the
`depositions to proceed on the agreed schedule, the parties would resolve all document-related disputes and complete
`all remaining injunction-related document productions by June 7. In response to the stipulation proposed by
`Counterclaim-Plaintiffs (and attached to Mr. Gotts’s email), Reynolds proposed additional language in the stipulation
`reflecting the portion of the parties’ agreement requiring resolution of injunction-related document disputes and
`completion of document productions by June 7. Reynolds’s proposed edits also are attached.
`
`
`Reynolds has no interest in burdening the Court further on this subject and asks that the Court enter the stipulation with
`Reynolds’s proposed edits that reflect the parties’ agreement. A clean copy of the stipulation with Reynolds’s edits is
`attached.
`
`
`Best regards,
`David Maiorana
`
`
`
`
`David M. Maiorana (bio)
`Partner
`JONES DAY® - One Firm Worldwide℠
`901 Lakeside Ave.
`Cleveland, OH 44114
`Office: 1.216.586.7499
`Email: dmaiorana@jonesday.com
`
`
`From: Lawrence.Gotts@lw.com <Lawrence.Gotts@lw.com>
`Sent: Wednesday, May 26, 2021 5:18 PM
`To: Erica_Baum@vaed.uscourts.gov; cmolster@molsterlaw.com; Weizenecker, Jennifer L.
`<jweizenecker@jonesday.com>; Quinlan, Michael S. <msquinlan@jonesday.com>; Smit, Michelle B.
`<msmit@jonesday.com>; Smith, Nicole M. <nmsmith@jonesday.com>; Maiorana, David M.
`<dmaiorana@JonesDay.com>; Jamie.Underwood@lw.com; Max.Grant@lw.com; Michalik, John M.
`<jmichalik@JonesDay.com>
`Cc: Jennifer.Koh@lw.com; Amy.Thomas@lw.com; Lawrence.Gotts@lw.com
`Subject: RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
`
`** External mail **
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`
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`Dear Ms. Baum, the parties reported to the Court on Monday that they had reached agreement to file a joint
`stipulation by close of business today setting forth dates for the depositions of Dr. Figlar (Reynolds’ witness)
`and Dr. Gilchrist and Mr. King (PMP’s witness). That agreement was not conditioned in any way on resolution
`of any disputes regarding the scope of document productions of the parties. PMP provided the attached
`proposed joint stipulation setting forth the parties’ dates for depositions. We regret to inform the Court that
`Reynolds is now refusing to enter into the stipulation based on purported ongoing disputes regarding
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`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 6 of 7 PageID# 17721
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`document production. If Reynolds persists in its refusal to stipulate to deposition dates pursuant to their
`agreement and representations to the Court, PMP requests a call with the Court or further guidance, including
`whether PMP should reinstate its motion to compel the Rule 30(b)(1) and 30(b)(6) deposition of Dr. Figlar.
`
`Best regards,
`
`Larry
`
`
`
`Lawrence J. Gotts
`
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Direct Dial: +1.202.637.2384
`Fax: +1.202.637.2201
`Email: lawrence.gotts@lw.com
`http://www.lw.com
`
`
`
`From: Gotts, Larry (DC)
`Sent: Monday, May 24, 2021 7:09 PM
`To: 'Erica Baum' <Erica_Baum@vaed.uscourts.gov>; cmolster@molsterlaw.com; 'jweizenecker@jonesday.com'
`<jweizenecker@jonesday.com>; 'msquinlan@jonesday.com' <msquinlan@jonesday.com>; 'msmit@jonesday.com'
`<msmit@jonesday.com>; 'nmsmith@jonesday.com' <nmsmith@jonesday.com>; dmaiorana@jonesday.com;
`Underwood, Jamie (DC) <Jamie.Underwood@lw.com>; Grant, Max (NY-DC) <Max.Grant@lw.com>
`Cc: Koh, Jennifer (SD) <Jennifer.Koh@lw.com>; Thomas, Amy (DC) <Amy.Thomas@lw.com>
`Subject: RE: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
`
`
`Dear Ms. Baum,
`
`
`We are pleased to report that the parties have worked out the issues regarding their respective motions to
`compel set for argument tomorrow (Tuesday) morning. The parties will be providing a joint stipulation
`regarding scheduling of the deposition of Dr. Figlar, as well as the depositions of Dr. Gilchrist and Mr. King, on
`Wednesday afternoon. Accordingly, the parties’ respective motions to compel may be removed from the
`calendar.
`
`
`With best regards,
`
`
`Larry
`
`
`Lawrence J. Gotts
`
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Direct Dial: +1.202.637.2384
`Fax: +1.202.637.2201
`Email: lawrence.gotts@lw.com
`http://www.lw.com
`
`
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`5
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`Case 1:20-cv-00393-LO-TCB Document 721-1 Filed 06/16/21 Page 7 of 7 PageID# 17722
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`
`
`From: Erica Baum <Erica_Baum@vaed.uscourts.gov>
`Sent: Monday, May 17, 2021 3:36 PM
`To: cmolster@molsterlaw.com; 'jweizenecker@jonesday.com' <jweizenecker@jonesday.com>;
`'msquinlan@jonesday.com' <msquinlan@jonesday.com>; 'msmit@jonesday.com' <msmit@jonesday.com>;
`'nmsmith@jonesday.com' <nmsmith@jonesday.com>; dmaiorana@jonesday.com; Underwood, Jamie (DC)
`<Jamie.Underwood@lw.com>; Gotts, Larry (DC) <Lawrence.Gotts@lw.com>; Grant, Max (NY-DC) <Max.Grant@lw.com>
`Subject: RAI Strategic Holdings, et al. v. Altria Client Servs., et al. (20-cv-393-LO/TCB)
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`
`Counsel:
`
`Judge Buchanan will hear the parties’ motions to compel (Dkts. 612, 615) on Tuesday, May 25, 2021 at 10:00 a.m. in
`person at the courthouse.
`
`
`Thank you for your prompt replies.
`
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`Best,
`
`
`Erica N. Baum
`Law Clerk to the Honorable Theresa Carroll Buchanan
`United States District Court for the Eastern District of Virginia
`Albert V. Bryan Courthouse
`401 Courthouse Square
`Alexandria, VA 22314
`(703) 299-2210
`
`
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