Case 1:20-cv-00393-LO-TCB Document 771-2 Filed 07/02/21 Page 1 of 3 PageID# 20735
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`Exhibit 2
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`

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`Case 1:20-cv-00393-LO-TCB Document 771-2 Filed 07/02/21 Page 2 of 3 PageID# 20736
`
`Michalik, John M. <jmichalik@JonesDay.com>
`Friday, June 25, 2021 9:24 AM
`Koh, Jennifer (SD); #C-M PMIEDVA - LW TEAM
`RJREDVA; Charles Molster
`RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - MIL and Daubert motions
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Jennifer - -
`
`Reynolds does not agree with Counterclaim-Plaintiffs’ proposed schedule for motions in limine and Daubert
`motions. The Joint Proposed Discovery Plan Pursuant To Rule 26(f) submitted in the case calls for Daubert motions and
`motions in limine to be filed “in time to be heard at least two weeks before the applicable trial”. (Dkt. 97 at
`24.) Moreover, there are a number of issues that will have further clarity or be resolved between now and the parties’
`April 4, 2022, trial that will impact the issues on which the parties may want to move. Without providing an exhaustive
`list, we expect the Court’s ruling on the parties’ respective motions for summary judgment will impact the issues on
`which the parties file Daubert motions or move in limine. In addition, the Final Determination and expiration of the
`presidential review period in Inv. No. 337-TA-1199 – due in September 2021 and November 2021, respectively – also is
`likely to influence the issues on which the parties move the Court. As just one more example, the PTAB is expected to
`issue decisions on institution for Reynolds’s IPR petitions against Counterclaim-Plaintiffs’ asserted patents in September,
`October, and November of 2021. The PTAB’s decisions on institution likewise may affect the issues on which the parties
`move in limine.
`
`Thus, given these and other intervening deadlines between now and trial on Counterclaim-Plaintiffs’ asserted patents
`that may affect the parties’ filings, Reynolds proposes a schedule as follows that is more consistent with the timeline laid
`out in the Joint Discovery Plan and the regular practice in EDVA to have these types of motions argued shortly before
`trial:
`
`Event
`Exchange MIL topics
`Meet and confer on MIL topics
`Opening MILs and Daubert motions
`Oppositions to MILs and Daubert motions
`Replies to MILs and Daubert motions
`
`Deadline
`December 3, 2021
`December 10, 2021
`January 14, 2022
`January 28, 2022
`February 3, 2022
`
`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: Jennifer.Koh@lw.com <Jennifer.Koh@lw.com>
`Sent: Tuesday, June 22, 2021 4:17 PM
`
`1
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`

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`Case 1:20-cv-00393-LO-TCB Document 771-2 Filed 07/02/21 Page 3 of 3 PageID# 20737
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`August 20
`September 3
`
`Deadline
`August 6 at 6 PM
`August 10 by 6 PM
`
`To: RJREDVA <RJREDVA@jonesday.com>
`Cc: pmiedva.lwteam@lw.com
`Subject: RAI Strategic Holdings v. Altria Client Services (EDVa) - MIL and Daubert motions
`
`** External mail **
`
`Counsel,
`
`
`Below is a proposed schedule for motions in limine and Daubert motions. Please let us know by
`Friday, June 25 whether you have any comments to the proposed schedule. Absent any comments
`from you, we will prepare a stipulation at that time. We are available to discuss if needed.
`
`Event
`Exchange MIL topics
`Meet and confer on MIL
`topics
`Opening MILs and Dauberts
`Oppositions to MILs and
`Dauberts
`Replies to MILs and Dauberts September 10
`
`
`Regards,
`Jennifer
`
`
`Jennifer Koh
`
`
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`Direct Dial: +1.858.523.3949
`Email: jennifer.koh@lw.com
`https://www.lw.com
`
`
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