Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 1 of 6 PageID# 20607
`Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 1 of 6 Page|D# 20607
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`EXHIBIT 10
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`EXHIBIT 10
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`Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 2 of 6 PageID# 20608
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`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Grant, Max (NY-DC)
`Wednesday, June 30, 2021 11:04 AM
`Michalik, John M.; Orlady, Will (DC); RJREDVA
`cmolster@molsterlaw.com; #C-M PMIEDVA - LW TEAM
`RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`Thank you for belatedly confirming RJR’s intent to oppose.
`
`We have nothing to add to our prior emails. As for the substance of what you contend qualifies for a meet and confer
`process in Judge O’Grady’s court, we’ll make him aware of the facts and let him determine that.
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Wednesday, June 30, 2021 11:01 AM
`To: Grant, Max (NY-DC) <Max.Grant@lw.com>; Orlady, Will (DC) <Will.Orlady@lw.com>; RJREDVA
`<RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`Max - -
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`While we do intend to oppose your motion, the Court’s rules require the formality of a meet and confer. Accordingly,
`please circulate a dial in for 11:30 am ET.
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Max.Grant@lw.com <Max.Grant@lw.com>
`Sent: Wednesday, June 30, 2021 9:52 AM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Will.Orlady@lw.com; RJREDVA <RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; pmiedva.lwteam@lw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`** External mail **
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`Respectfully, conferring with you John has been demonstrated to be a waste of time.
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`The local rules require genuine efforts to resolve the issues, particularly when they are significant. In this case, that
`requires a lead counsel to lead counsel discussion and the participation of VA counsel. If you do not confirm Chip will be
`on the line, and identify your lead counsel and confirm they too will be on the line by 11am, then it is Reynolds that is
`refusing to confer in good faith, and we’ll take it up directly with the Court.
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`Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 3 of 6 PageID# 20609
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`Please also confirm that RJR is seriously willing to consider not opposing our motion for fees. Make that representation
`in writing, by 11am.
`
`Maximilian A. Grant
`
`
`LATHAM & WATKINS LLP
`885 Third Ave. (53rd St.) | New York, NY 10022 | 1.212.906.1325
`555 Eleventh Street, NW | Washington, D.C. 20004 | 1.202.637.2267
`Email: max.grant@lw.com
`Bio: Attorney Profile
`http://www.lw.com
`
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Wednesday, June 30, 2021 10:47 AM
`To: Grant, Max (NY-DC) <Max.Grant@lw.com>; Orlady, Will (DC) <Will.Orlady@lw.com>; RJREDVA
`<RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`Counsel - -
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` I
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` will be available at that time if you circulate a dial in. If you refuse, we will await your motion and respond to it
`accordingly.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Max.Grant@lw.com <Max.Grant@lw.com>
`Sent: Wednesday, June 30, 2021 9:42 AM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Will.Orlady@lw.com; RJREDVA <RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; pmiedva.lwteam@lw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
`
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`** External mail **
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`Pls confirm Chip and RJR’s lead counsel will be on the line, and identify that person by 11am eastern.
`
`Maximilian A. Grant
`
`
`LATHAM & WATKINS LLP
`885 Third Ave. (53rd St.) | New York, NY 10022 | 1.212.906.1325
`555 Eleventh Street, NW | Washington, D.C. 20004 | 1.202.637.2267
`Email: max.grant@lw.com
`Bio: Attorney Profile
`http://www.lw.com
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`Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 4 of 6 PageID# 20610
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`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Wednesday, June 30, 2021 10:40 AM
`To: Grant, Max (NY-DC) <Max.Grant@lw.com>; Orlady, Will (DC) <Will.Orlady@lw.com>; RJREDVA
`<RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`Counsel - -
`
`We are available at 11:30 am ET. Please circulate a dial in.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Max.Grant@lw.com <Max.Grant@lw.com>
`Sent: Tuesday, June 29, 2021 4:47 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Will.Orlady@lw.com; RJREDVA <RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; pmiedva.lwteam@lw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
`
`
`** External mail **
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`Chip – this implicates 28 USC 1927 and the court’s inherent authority, as is plain. You told the court when moving to
`amend you had “real facts” supporting an IEC counterclaim. You took no discovery, never provided a factual basis, and
`conceded 45 of 45 undisputed facts on SJ. Your offer to “dismiss” came only after you – meaning you personally as VA
`counsel – knew PMP and Altria had already paid for a SJ motion to be drafted, and after blowing off our May 14 email
`asking you to drop the unsupported counterclaim/defenses.
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`If you are seriously considering agreeing to our motion – rather than wasting our time with more nonsense and
`needlessly dragging out the meet and confer process – then you and whoever is JD’s lead trial counsel please let me
`know your availability to speak tomorrow morning before 12 noon and we’ll get on the phone. Otherwise, this is more
`of the same nonsense that precipitated this cross-motion and it needs to stop.
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`Respectfully,
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`Maximilian A. Grant
`
`
`LATHAM & WATKINS LLP
`885 Third Ave. (53rd St.) | New York, NY 10022 | 1.212.906.1325
`555 Eleventh Street, NW | Washington, D.C. 20004 | 1.202.637.2267
`Email: max.grant@lw.com
`Bio: Attorney Profile
`http://www.lw.com
`
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`Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 5 of 6 PageID# 20611
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`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Tuesday, June 29, 2021 5:24 PM
`To: Orlady, Will (DC) <Will.Orlady@lw.com>; RJREDVA <RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`Will - -
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`Please provide the legal basis for your motion so we can meaningfully confer.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Will.Orlady@lw.com <Will.Orlady@lw.com>
`Sent: Tuesday, June 29, 2021 2:50 PM
`To: RJREDVA <RJREDVA@jonesday.com>
`Cc: cmolster@molsterlaw.com; pmiedva.lwteam@lw.com
`Subject: RAI Strategic Holdings v. Altria Client Services (EDVa) -- Cross-Motion
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`** External mail **
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`Counsel,
`
`As we previewed in our summary judgment reply brief last week, PMP/Altria is cross-moving to recover the fees and
`costs associated with defending against RJR’s (now admittedly baseless) inequitable conduct counterclaim. Please
`provide us with your position. Otherwise, we are available to meet and confer tomorrow at 10 AM ET.
`
`Best,
`Will
`
`Will Orlady
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Direct Dial: +1.202.637.3391
`Mobile: +1.213.760.6738
`Email: will.orlady@lw.com
`https://www.lw.com
`
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`_________________________________
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`Case 1:20-cv-00393-LO-TCB Document 763-8 Filed 06/30/21 Page 6 of 6 PageID# 20612
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