Case 3:19-md-02913-WHO Document 4216-2 Filed 04/23/24 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`Case No.:19-MD-02913-WHO
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`Hon. William H. Orrick
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`Date: May 29. 2024
`Time:
`2:00 pm
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`IN RE: JUUL LABS, INC., MARKETING,
`SALES PRACTICES, AND PRODUCTS
`LIABILITY LITIGATION
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`This Document Relates to:
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`All Plaintiffs Identified in Exhibit A
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`DECLARATION OF DAVID KOUBA
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`Case 3:19-md-02913-WHO Document 4216-2 Filed 04/23/24 Page 2 of 4
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`DECLARATION OF DAVID KOUBA
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`I, David Kouba, am over eighteen years of age and am competent to testify to the facts
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`stated herein. The facts set forth in this affidavit are from my personal knowledge.
`On July 26, 2023, Altria and Plaintiffs leadership in the MDL No. 2913 and JCCP No.
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`5052 entered into a Settlement Agreement to establish a program to resolve the actions, disputes, and
`claims that the setline Personal Injury Plaintiffs and their counsel have or could have against Altria.
`Pursuant to Section 9.3 of the Settlement Agreement, the Settlement Administrator
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`was directed to, among other tasks, “no later than January 19, 2024 . . . provide to Plaintiffs’
`Leadership and Altria a list of all Personal Injury Opt-Outs and Non-Communicating Plaintiffs, as
`defined by Section 1.35 of the Settlement Agreement.”
`BrownGreer PLC (“BrownGreer”) functioned as personal Injury Settlement
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`Administrator.
`On January 19 2024, BrownGreer provided Altria with a list of 1582 Non-
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`Communicating Plaintiffs, 524 of which BrownGreer identified as plaintiffs in the MDL action.
`6. On January 26, 2024, BrownGreer provided Altria with an updated list of 1553 Non-
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`Communicating Plaintiffs, 517 of which BrownGreer identified as plaintiffs in the MDL action.
`7. On February 2, 2024, Brown Greer provided Altria with an updated list of 1551
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`Non-Communicating Plaintiffs, 519 of which BrownGreer identified as plaintiffs in the MDL action.
`8. On February 9, 2024, BrownGreer again provided Altria with an updated list of
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`Non-Communicating Plaintiffs that included 1518 plaintiffs, 512 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On February 16, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 923 plaintiffs, 240 of which BrownGreer identified as
`plaintiffs in the MDL action.
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`DECLARATION OF DAVID KOUBA
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`Case 3:19-md-02913-WHO Document 4216-2 Filed 04/23/24 Page 3 of 4
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`On February 23, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 916 plaintiffs, 241 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On March 1, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 915 plaintiffs, 240 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On March 15, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 914 plaintiffs, 240 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On March 29, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 908 plaintiffs, 240 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On April 1, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 905 plaintiffs, 238 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On April 16, 20224, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 884 plaintiffs, 232 of which BrownGreer identified as
`plaintiffs in the MDL action.
`On April 19, 2024, BrownGreer provided the Parties with a revised Non-
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`Communicating Plaintiffs list that included 875 plaintiffs, 231 of which BrownGreer identified as
`plaintiffs in the MDL action.
`Of the 231 Non-Communicating plaintiffs BrownGreer identified in the MDL action,
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`this motion only addresses 193 Non-Communicating plaintiffs, because the remaining plaintiffs
`identified with respect to the MDL action have had their claims previously dismissed with prejudice,
`or in the alternative, voluntarily dismissed their claims, or are non-coordinated.
`These 193 plaintiffs are included in Exhibit A to JLI’s Motion to Dismiss with
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`Prejudice Non-Communicating Plaintiffs’ Claims.
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`DECLARATION OF DAVID KOUBA
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`Case 3:19-md-02913-WHO Document 4216-2 Filed 04/23/24 Page 4 of 4
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`I declare under penalty of perjury that the foregoing is true and correct.
`Executed on April 23, 2024 in Raleigh, North Carolina.
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` /s/ David E. Kouba
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`David E. Kouba
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`DECLARATION OF DAVID KOUBA
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