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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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`Plaintiffs-Counterclaim
`Defendants,
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; PHILIP MORRIS
`PRODUCTS S.A.
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`Defendants-Counterclaim
`Plaintiffs.
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`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 the Scheduling Order (Dkt. 680) and Rules 26(a)(3), 26(e), and 32(a)(3) of the
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`Federal Rules of Civil Procedure and Local Civil Rule 30(f), Counterclaim Plaintiffs Philip Morris
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`Products S.A., Altria Client Services LLC, and Philip Morris USA Inc. (collectively,
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`“Counterclaim Plaintiffs”) provide the following pretrial disclosures and deposition designations,
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`attached hereto as Exhibits A and B as follows:
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`Exhibit A: Counterclaim Plaintiffs’ Supplemental Deposition Designations; and
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`Exhibit B: Counterclaim Plaintiffs’ Amended 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 deposition testimony or documents that are relevant to any issue later disclosed
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`by the parties or any third party, including at trial, or based upon subsequent events, including,
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`Case 1:20-cv-00393-LO-TCB Document 768 Filed 07/02/21 Page 2 of 5 PageID# 20666
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`without limitation, the Court’s rulings on the parties’ pending and contemplated motions, or as
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`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.
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`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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`B.
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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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`Case 1:20-cv-00393-LO-TCB Document 768 Filed 07/02/21 Page 3 of 5 PageID# 20667
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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 July 2, 2021 Amended Exhibit List or any supplements or
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`amendments thereto); (iii) any document that becomes available on or after July 2, 2021; (iv) a
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`substantially similar version of any exhibit set forth below from a different source or party’s files;
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`and (v) any 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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`Dated: July 2, 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
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`Clement J. Naples (pro hac vice)
`clement.naples@lw.com
`LATHAM & WATKINS LLP
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`Case 1:20-cv-00393-LO-TCB Document 768 Filed 07/02/21 Page 4 of 5 PageID# 20668
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`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 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 768 Filed 07/02/21 Page 5 of 5 PageID# 20669
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 2nd day of July, 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:
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`/s/ Maximilian A. Grant
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`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
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`Counsel for Counterclaim Plaintiffs Philip
`Morris Products S.A., Altria Client Services
`LLC, and Philip Morris USA Inc.
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