Filing # 112628805 E-Filed 08/31/2020 12:57:55 PM
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`IN THE SUPREME COURT OF FLORIDA
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`CASE No. SC20-1291
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`LT No. 4D18-1730
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`R.J. Reynolds Tobacco Company, et al.,
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`Defendants/Petitioners,
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`v.
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`James Santoro, as Personal Representative
`Of the Estate of Grace Santoro,
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`Plaintiff/Respondent.
`____________________________________/
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`MOTION FOR EXTENSION OF
`TIME TO FILE JURISDICTIONAL BRIEF
`
`Pursuant to Rule 9.300, Florida Rules of Appellate Procedure, Petitioners R.J.
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`Reynolds Tobacco Company, Liggett Group LLC, and Philip Morris USA Inc.
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`hereby respectfully move the Court for an extension of time of 30 days, to and
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`including October 9, 2020, to serve their jurisdictional brief in this case. In support
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`thereof, Petitioners state:
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`1.
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`The Fourth District Court of Appeal’s decision in this case was rendered
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`on July 29, 2020. Petitioners filed and served their Notice to Invoke Discretionary
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`Jurisdiction on August 28, 2020. The jurisdictional brief is currently due to be served
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`no later than September 9, 2020.
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`RECEIVED, 08/31/2020 12:58:36 PM, Clerk, Supreme Court
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`IN THE SUPREME COURT OF FLORIDA
`
`CASE No. SC20-1291
`
`LT No. 4D18-1730
`
`
`R.J. Reynolds Tobacco Company, et al.,
`
`
`Defendants/Petitioners,
`
`
`v.
`
`James Santoro, as Personal Representative
`Of the Estate of Grace Santoro,
`
`
`Plaintiff/Respondent.
`____________________________________/
`
`
`MOTION FOR EXTENSION OF
`TIME TO FILE JURISDICTIONAL BRIEF
`
`Pursuant to Rule 9.300, Florida Rules of Appellate Procedure, Petitioners R.J.
`
`Reynolds Tobacco Company, Liggett Group LLC, and Philip Morris USA Inc.
`
`hereby respectfully move the Court for an extension of time of 30 days, to and
`
`including October 9, 2020, to serve their jurisdictional brief in this case. In support
`
`thereof, Petitioners state:
`
`1.
`
`The Fourth District Court of Appeal’s decision in this case was rendered
`
`on July 29, 2020. Petitioners filed and served their Notice to Invoke Discretionary
`
`Jurisdiction on August 28, 2020. The jurisdictional brief is currently due to be served
`
`no later than September 9, 2020.
`
`
`
`RECEIVED, 08/31/2020 12:58:36 PM, Clerk, Supreme Court
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`
`
`
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`2.
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`Petitioners request a 30-day extension, through and including October 9,
`
`2020, to serve their jurisdictional brief.
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`3.
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`This is Petitioners’ first request for extension of time in connection with
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`the jurisdictional brief.
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`4.
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`This request for extension of time is necessary because undersigned
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`counsel has had, and continues to have, competing professional obligations that
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`preclude him from preparing a jurisdictional brief that adequately addresses the
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`complex issues raised in this appeal. The other obligations include:
`
`• Preparing reply and cross answer brief in R.J. Reynolds Tobacco Co. v.
`Richard Mahfuz, Case No. 4D19-2236 (Fla. 4th DCA) (filed August on
`24, 2020);
`
`• Preparing reply and cross answer brief in R.J. Reynolds Tobacco Co. v.
`Deborah Neff, Case No. 4D19-2646 (Fla. 4th DCA) (currently due on
`September 11, 2020);
`
`• Preparing answer brief in Julie Adamson v. R.J. Reynolds Tobacco Co.,
`Case No. 4D19-3242 (Fla. 4th DCA) (currently due on August 31,
`2020);
`
`• Preparing Motion for Summary Judgement and other pretrial filings in
`SueAnn and Raymond Sweatman v. Coloplast Corp., Case No. 3:19-cv-
`02745-SAL (D.S.C.) (currently due August 28, 2020); Pretrial motion
`responses (currently due September 11, 2020); Pretrial motion replies
`(currently due September 18, 2020);
`
`• Preparing Motion for Summary Judgement and other pretrial motions in
`Rosemary Caddy v. Coloplast Corp., Case No. 3:19-cv-01825-WQH-
`JLB (S.D. CA) (currently due September 28, 2020); Pretrial motion
`responses (currently due October 12, 2020); Pretrial motion replies
`(currently due October 19, 2020);
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`2
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`• Preparing motion to dismiss in MSP Recovery Claims, Series LLC, v.
`Coloplast Corp., Case No. 2019-017355-CA-01 (Fla. 11th Cir. Ct.)
`(currently due October 27, 2020);
`
`• Preparing for hearing on Motion to Dismiss in John Phelps v. R.J.
`Reynolds Tobacco Co., Case No. 2020-005579-CA-08 (Fla. 11th Cir.
`Ct.) (currently due September 4, 2020).
`
`In addition to the professional obligations, the undersigned counsel’s father
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`passed away on August 30, 2020. The undersigned counsel will have to travel to
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`Europe to settle his father’s affairs and attend the funeral. This extension request will
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`allow counsel enough time to adequately and thoughtfully prepare the jurisdictional
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`brief, which raises several important issues of Florida law. This request is not
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`intended for purposes of delay.
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`5.
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`6.
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`No party will suffer any prejudice as a result of this extension of time.
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`Pursuant to Florida Rule of Appellate Procedure 9.300(a), counsel for
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`Reynolds has conferred with Bard Rockenbach, counsel for Plaintiff/Respondent, and
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`is authorized to state that opposing counsel will promptly file an objection.
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`WHEREFORE, Petitioners respectfully requests that this Court extend the
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`time for filing the above-referenced motion from September 9, 2020, through and
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`including October 9, 2020.
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`Respectfully submitted,
`
`/s/ Val Leppert
`Val Leppert
`Florida Bar No. 97996
`KING & SPALDING LLP
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`3
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`1180 Peachtree St., NE
`Atlanta, GA 30309
`Telephone: (404) 572-4600
`Facsimile: (404) 572-5100
`vleppert@kslaw.com
`KSTobacco@kslaw.com
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`Attorney for Defendant/Appellant R.J.
`REYNOLDS TOBACCO COMPANY
`(filing on behalf of Defendants/Petitioners
`Philip Morris USA Inc. and Liggett
`Group LLP for purposes of this filing
`only)
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`4
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`CERTIFICATE OF SERVICE
`I HEREBY CERTIFY that a true and correct copy of the foregoing was e-
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`filed in this Court and served by electronic mail to all counsel listed below this 31st
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`day of August, 2020.
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`Counsel of Plaintiff:
`
`
`Austin Carr, Esq.
`Justin Parafinczuk, Esq.
`PARAFINCZUK WOLF SUSEN
`110 East Broward Boulevard
`Suite 1630
`Fort Lauderdale, FL 33301
`Pleadings @PWSLawFirm.com
`ACarr@ PWSLawFirm.com
`JParafinczuk@PWSLawFirm.com
`Susen@PWSLawFirm.com
`MRodriguez@PWSLawFinn.com
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`
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`Bard D. Rockenbach, Esq.
`Jeffrey V. Mansell, Esq.
`BURLINGTON & ROCKENBACH,
`P.A.
`Courthouse Commons/Suite 350
`444 West Railroad Avenue
`West Palm Beach, FL 33401
`bdr@FLAppellateLaw.com
`jvm@FLAppellateLaw.com
`fa@FLAppellateLaw.com
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`Counsel for R.J. Reynolds Tobacco
`Co., individually and as successor-by
`merger to Lorillard Tobacco Co.:
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`William L. Durham II, Esq.
`Val Leppert, Esq.
`Philip R. Green, Esq.
`Jason E. Keehfus, Esq.
`Rebeca M. Ojeda, Esq.
`KING & SPALDING LLP
`1180 Peachtree Street, N.E.
`Atlanta, GA 30309
`wdurham@kslaw.com
`vleppert@kslaw.com
`pgreen@kslaw.com
`jkeehfus@kslaw.com
`rojeda@kslaw.com
`rmcmanus@kslaw.com
`KSTobacco@kslaw.com
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`
`Cory Hohnbaum, Esq.
`KING & SPALDING LLP
`100 North Tryon Street, Suite 3900
`Charlotte, NC 28202
`chohnbaum@kslaw.com
`KSTobacco@kslaw.com
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`5
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`Counsel for Liggett Group LLC:
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`Kelly Anne Luther, Esq.
`KASOWITZ BENSON TORRES
`LLP
`1441 Brickell Avenue, Suite 1420
`Miami, FL 33131
`kluther@kasowitz.com
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`Karen H. Curtis, Esq.
`CLARKE SILVERGLATE, P.A.
`799 Brickell Plaza, Suite 900
`Miami, FL 33131
`kcurtis@cspalaw.com
`aford@cspalaw.com
`socd@cspalaw.com
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`Co-Counsel for Philip Morris USA
`Inc.:
`Peter M. Henk, Esq.
`SHOOK, HARDY & BACON, L.L.P.
`JP Morgan Chase Tower
`600 Travis St., Suite 1600
`Houston, TX 77002-2992
`phenk@shb.com
`
`Joseph M. Fasi, II, Esq.
`GASS WEBER MULLINS LLC
`255 Aragon Avenue, Second Floor
`Miami, FL 33134
`fasi@gwmlaw.com
`wiza@gwmlaw.com
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`David F. Northrip
`Maria Salcedo
`SHOOK, HARDY & BACON L.L.P.
`2555 Grand Blvd.
`Kansas City, MO 64108
`dnorthrip@shb.corn
`msalcedo@shb.com
`Geoffrey J. Michael
`Florida Bar No. 86152
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`Geoffrey.Michael@arnoldporter.com
`
`/s/ Val Leppert
`Attorney for Appellant R.J.
`Reynolds Tobacco Company
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`6
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