Case 3:19-md-02913-WHO Document 1171 Filed 12/04/20 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`IN RE: JUUL LABS, INC., MARKETING SALES
`PRACTICE AND PRODUCTS LIABILITY
`LITIGATION
`This Document Relates to All Plaintiffs Identified in
`Exhibit A
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`3:19-md-02913 (WHO)
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`Hon. William H. Orrick
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`JLI’S NOTICE OF MOTION TO DISMISS WITHOUT PREJUDICE FOR FAILURE TO
`SUBMIT DISCOVERY REQUIRED BY CASE MANAGEMENT ORDER NO. 8
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`PLEASE TAKE NOTICE that on January 15, 2021, or as soon thereafter as this matter may be
`heard, in Courtroom 2 of this Court, located at 450 Golden Gate Avenue, 17th Floor, San Francisco,
`California, Defendant Juul Labs, Inc. (“JLI”) will and hereby does move for the Court to dismiss without
`prejudice plaintiffs identified in Exhibit A and Exhibit B to JLI’s Motion for failure to submit discovery
`required by Case Management Order No. 8. The Motion is based on this Notice of Motion and the
`following Motion to Dismiss.
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`JLI’s Notice of Motion to Dismiss Without Prejudice
`For Failure to Submit Discovery Required
`By Case Management Order No. 8
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`Case 3:19-md-02913-WHO Document 1171 Filed 12/04/20 Page 2 of 6
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`/s/ Renee D. Smith/
`Renee D. Smith
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, IL 60654-3406
`Telephone: (312) 862-2000
`Facsimile: (312) 862-2200
`Renee.Smith@kirkland.com
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`Peter A. Farrell, P.C.
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, DC 20004
`Telephone: (202) 389-5000
`Facsimile: (202) 389-5200
`Peter.farrell@kirkland.com
`Gregory P. Stone (SBN 78329)
`gregory.stone@mto.com
`Bethany W. Kristovich (SBN 241891)
`bethany.kristovich@mto.com
`John M. Gildersleeve (SBN 284618)
`john.gildersleeve@mto.com
`MUNGER, TOLLES & OLSON LLP
`350 South Grand Avenue, 50th Floor
`Los Angeles, CA 90071-3426
`Telephone: (213) 683-9100
`Facsimile: (213) 687-3702
`Attorneys for Defendant Juul Labs, Inc.
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`JLI’s Notice of Motion to Dismiss Without Prejudice
`For Failure to Submit Discovery Required
`By Case Management Order No. 8
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`Dated: December 4, 2020
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`Case 3:19-md-02913-WHO Document 1171 Filed 12/04/20 Page 3 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 4, 2020, I electronically served the foregoing Motion on all
`counsel of record in this action using the CM/ECF system.
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`/s/ Renee D. Smith
`Renee D. Smith
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`JLI’s Notice of Motion to Dismiss Without Prejudice
`For Failure to Submit Discovery Required
`By Case Management Order No. 8
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`Case 3:19-md-02913-WHO Document 1171 Filed 12/04/20 Page 4 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`IN RE: JUUL LABS, INC., MARKETING SALES
`PRACTICE AND PRODUCTS LIABILITY
`LITIGATION
`This Document Relates to All Plaintiffs Identified in
`Exhibit A
`
`
`3:19-md-02913 (WHO)
`
`Hon. William H. Orrick
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`JLI’S MOTION TO DISMISS WITHOUT PREJUDICE FOR FAILURE TO SUBMIT
`DISCOVERY REQUIRED BY CASE MANAGEMENT ORDER NO. 8
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`Case Management Order (“CMO”) No. 8 requires that every plaintiff asserting a personal injury
`or wrongful death claim in a case entered on the MDL 2913 docket submit a substantially complete
`Plaintiff Fact Sheet (“PFS”) within 60 days after the complaint has been entered. (CMO No. 8 § 5 (Docket
`No. 406).) Numerous plaintiffs did not comply.
`Pursuant to Sections 5 and 12 of CMO No. 8, on October 26, 2020, JLI served counsel of record
`for plaintiffs identified in Exhibit A with a Notice of Overdue Discovery (the “October 26th Notice”),
`identifying their overdue discovery, and notifying them that their cases may be subject to dismissal for
`failure to comply with the Court’s discovery orders. (Id. ¶ 12; Affidavit of Christina Sharkey (“Aff.”) ¶¶
`4-5.) One of the nine plaintiffs identified in Exhibit A failed to serve a Plaintiff Fact Sheet even after JLI
`granted him an additional 30-day extension. (Aff. ¶ 3.)
`Plaintiffs identified in the October 26th Notice were required to submit a completed PFS on or
`before November 25, or risk having their claims dismissed. (CMO No. 8 ¶ 12.) None of the plaintiffs
`identified in Exhibit A responded to the October 26th Notice, and none of the plaintiffs identified in
`Exhibit A have subsequently produced a Plaintiff Fact Sheet. (Aff. ¶¶ 6-7.)
`Pursuant to Sections 5 and 12 of CMO No. 8, on November 3, 2020, JLI served counsel of record
`for plaintiffs identified in Exhibit B with a Notice of Overdue Discovery (the “November 3rd Notice”),
`identifying their overdue discovery, and notifying them that their cases may be subject to dismissal for
`failure to comply with the Court’s discovery orders. (Id. ¶ 12; Aff ¶¶ 4-5.) Two of the thirteen plaintiffs
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`JLI’s Motion to Dismiss Without Prejudice
`For Failure to Submit Discovery Required
`By Case Management Order No. 8
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`Case 3:19-md-02913-WHO Document 1171 Filed 12/04/20 Page 5 of 6
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`identified in Exhibit B failed to serve a Plaintiff Fact Sheet even after JLI granted them an additional 30-
`day extension. (Aff. ¶ 3.)
`Plaintiffs identified in the November 3rd Notice were required to submit a completed PFS on or
`before December 3, or risk having their claims dismissed. (CMO No. 8 ¶ 12.) None of the plaintiffs
`identified in Exhibit B responded to the November 3rd Notice, and none of the plaintiffs identified in
`Exhibit B have subsequently produced a Plaintiff Fact Sheet. (Aff. ¶¶ 6-7.)
`Pursuant to CMO No. 8, JLI hereby moves to dismiss, without prejudice, the claims of the plaintiffs
`identified in Exhibits A and B who have not submitted a completed PFS. Pursuant to CMO No. 8,
`Plaintiffs subject to the foregoing Motion must file a response no later than December 18, 2020, either
`(a) certifying that the plaintiff has submitted a completed PFS or (b) opposing the Motion for other reasons.
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`Dated: December 4, 2020
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`/s/ Renee D. Smith
`Renee D. Smith
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, IL 60654-3406
`Telephone: (312) 862-2000
`Facsimile: (312) 862-2200
`Renee.Smith@kirkland.com
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`Peter A. Farrell, P.C.
`KIRKLAND & ELLI LLP
`1301 Pennsylvania Ave., N.W.
`Washington, DC 20004
`Telephone: (202) 389-5000
`Facsimile: (202) 389-5200
`Peter.farrell@kirkland.com
`Gregory P. Stone (SBN 78329)
`gregory.stone@mto.com
`Bethany W. Kristovich (SBN 241891)
`bethany.kristovich@mto.com
`John M. Gildersleeve (SBN 284618)
`john.gildersleeve@mto.com
`MUNGER, TOLLES & OLSON LLP
`350 South Grand Avenue, 50th Floor
`Los Angeles, CA 90071-3426
`Telephone: (213) 683-9100
`Facsimile: (213) 687-3702
`Attorneys for Defendant Juul Labs, Inc.
`2
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`JLI’s Motion to Dismiss Without Prejudice
`For Failure to Submit Discovery Required
`By Case Management Order No. 8
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`Case 3:19-md-02913-WHO Document 1171 Filed 12/04/20 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 4, 2020, I electronically served the foregoing Motion on all
`counsel of record in this action using the CM/ECF system.
`
`
`/s/ Renee D. Smith
`Renee D. Smith
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