`Case 1:20-cv-00393-LO-TCB Document 967-11 Filed 02/11/22 Page 1 of 3 PagelD# 27325
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`EXHIBIT 11
`EXHIBIT 11
`(PUBLIC)
`(PUBLIC)
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`
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`Case 1:20-cv-00393-LO-TCB Document 967-11 Filed 02/11/22 Page 2 of 3 PageID# 27326
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`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Smith, Nicole M.
`Wednesday, March 31, 2021 6:01 PM
`Thomas.Yeh@lw.com; RJREDVA
`pmiedva.lwteam@lw.com
`RE: RJR v. ACS, PMI - Dr. Suhling Rebuttal Report
`
`Hi Thomas,
`
`Noon PT tomorrow works.
`
`-Nicole
`
`Nicole Smith (bio)
`JONES DAY
`Office 213-243-2235
`Cell 310-497-5046
`
`From: Thomas.Yeh@lw.com <Thomas.Yeh@lw.com>
`Date: Wednesday, Mar 31, 2021, 2:11 PM
`To: Smith, Nicole M. <nmsmith@jonesday.com>, RJREDVA <RJREDVA@jonesday.com>
`Cc: pmiedva.lwteam@lw.com <pmiedva.lwteam@lw.com>
`Subject: RE: RJR v. ACS, PMI - Dr. Suhling Rebuttal Report
`
`** External mail **
`
`Nicole – thanks for the prompt reply. We’re considering your response below, but we disagree that the engineers
`merely “authenticated” the video. To the contrary, they purported to provide substantive details about the testing
`performed. E.g., Suhling Rbt. Rpt. ¶ 87. Your email also does not address Exhibit B attached to Dr. Suhling’s report. Are
`you available at noon PT tomorrow for the meet and confer? We can discuss the issues regarding Mr. Rinker as well.
`Thanks.
`From: Smith, Nicole M. <nmsmith@jonesday.com>
`Sent: Wednesday, March 31, 2021 1:59 PM
`To: Yeh, Thomas (LA) <Thomas.Yeh@lw.com>; RJREDVA <RJREDVA@jonesday.com>
`Cc: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>
`Subject: RE: RJR v. ACS, PMI ‐ Dr. Suhling Rebuttal Report
`Thomas:
`We do not understand the basis for your email. The video on which Dr. Suhling relies, RJREDVA_00165006, is
`and has been publicly available at numerous links on the Internet. See, e.g., https://youtu.be/i9o6NTQm7co,
`https://www.vapingpost.com/2020/05/28/the‐feelm‐ceramic‐coil‐atomization‐technology/,
`https://vaping360.com/vape‐news/90461/feelm‐press‐release‐the‐hidden‐secrets‐of‐ceramic‐atomization‐
`technology/, https://www.planetofthevapes.co.uk/news/interviews/2020‐05‐28 feelm‐ceramic‐
`technology.html. We did not obtain the video from Smoore. We produced and assigned it a Bates number for
`ease of reference. Through Smoore’s counsel, Dr. Suhling spoke to Smoore to authenticate the video. We trust
`this resolves your concerns.
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`1
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`Case 1:20-cv-00393-LO-TCB Document 967-11 Filed 02/11/22 Page 3 of 3 PageID# 27327
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`With regard to Mr. Rinker, we are entitled to his deposition whether Defendants call him at trial or not. Please
`confirm that you will work with us to schedule his deposition before trial, regardless of whether Defendants
`put him on their may or will call list. We understand that
` is still an issue
`right now, and accordingly are sensitive to those issues and willing to be as accommodating as we can in
`scheduling his deposition prior to trial. Please confirm that Defendants will make a good faith effort to arrange
`for his deposition well in advance of trial, or we will seek the assistance of the Court.
`Regards,
`Nicole
`Nicole Smith (bio)
`Partner
`JONES DAY® ‐ One Firm Worldwide℠
`555 S. Flower St., 50th Floor
`Los Angeles, CA 90071
`Office 213‐243‐2235
`Cell 310‐497‐5046
`From: Thomas.Yeh@lw.com <Thomas.Yeh@lw.com>
`Sent: Monday, March 29, 2021 9:58 PM
`To: RJREDVA <RJREDVA@jonesday.com>
`Cc: pmiedva.lwteam@lw.com
`Subject: RJR v. ACS, PMI ‐ Dr. Suhling Rebuttal Report
`** External mail **
`Counsel,
`Dr. Suhling’s report appears to rely on a number of Smoore documents produced on March 24, 2021 (including, but not
`limited to RJREDVA_001650063 and Exhibit B to Dr. Suhling’s report). Dr. Suhling also purports to rely on conversations
`he had with Smoore engineers, which is equally curious and troubling given Reynolds’ prior positions regarding the
`purported lack of control over Smoore and refusal to produce requested Smoore documents. In any event, this belatedly
`disclosed Smoore technical information is in violation of the Court’s October 30, 2020 Order. See Dkt. No. 263. We trust
`that you will promptly withdraw the paragraphs in Dr. Suhling’s report relying on these documents. If you disagree,
`please let us know when you are available to meet and confer on this issue tomorrow.
`Thanks,
`Thomas
`Thomas W. Yeh
`LATHAM & WATKINS LLP
`355 South Grand Avenue, Suite 100 | Los Angeles, CA 90071‐1560
`D: +1.213.891.8050
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