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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-CV-23287-DPG

LUIS MANUEL RODRIGUEZ, 

et al., 

 Miami, Florida 

 Plaintiff(s), 

 November 17, 2021 

 vs. 

IMPERIAL BRANDS, PLC, 

et al., 

 

 Defendant(s). Pages 1 - 21

-----------------------------------------------------------

STATUS CONFERENCE 

TRANSCRIBED FROM DIGITAL AUDIO RECORDING 

BEFORE THE HONORABLE ALICIA M. OTAZO-REYES 

UNITED STATES MAGISTRATE JUDGE 

APPEARANCES: 

FOR THE PLAINTIFF(S): FRANCISCO R. RODRIGUEZ, ESQ.

 PAUL M. NUNEZ, ESQ. 

 PAULINO ANTONIO NUNEZ, JR. 

 RODRIGUEZ TRAMONT & NUNEZ, P.A. 

 255 Alhambra Circle 

 Coral Gables, FL 33134 

 305-350-2300 

 frr@rtgn-law.com 

 pmn@rtgn-law.com 

 pan@rtgn-law.com 

 JAMES L. BERENTHAL, ESQ. 

 BERENTHAL & ASSOCIATES, P.A. 

 317 Madison Avenue 

 New York, NY 10017 

 212-302-9494 

 jlb@berenthalaw.com 

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APPEARANCES (CONT'D) 

FOR THE DEFENDANT(S): MICHAEL R. KRINSKY, ESQ. 

Corporacion Habanos LINDSEY FRANK, ESQ. 

 NATHAN YAFFE, ESQ. 

 RABINOWITZ BOUDIN STANDARD KRINSKY & 

 LIEBERMAN, P.C. 

 320 West 85th Street 

 New York, NY 10024 

 212-254-1111 

 mkrinsky@rbskl.com 

 lfrank@rbskl.com 

 nyaffe@rbskl.com 

 CHARLES M. HARRIS, JR. 

 TRENAM KEMKER SCHARF BARKIN FRYE O'NEILL 

 & MULLIS 

 101 E Kennedy Boulevard 

 Tampa, FL 33601-1102 

 727-820-3950 

 charris@trenam.com 

FOR THE DEFENDANT(S): CHRISTOPHER DAVIES, ESQ. 

WPP, PLC ASHLEY S. LEEN, ESQ. 

 WILMER CUTLER PICKERING HALE AND DORR, 

 LLP 

 1875 Pennsylvania Avenue, NW 

 Washington, DC 20006 

 202-663-6187 

 christopher.davies@wilmerhale.com 

 NAIM S. SURGEON, ESQ. 

 STROOCK & STROOCK & LAVAN, LLP 

 200 S. Biscayne Blvd 

 Miami, FL 33131 

 305-789-9360 

 nsurgeon@stroock.com 

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APPEARANCES (CONT'D) 

FOR THE DEFENDANT(S): PEDRO A. FREYRE, ESQ. 

WPP, PLC AKERMAN, LLP 

 98 S.E. 7th Street 

 Miami, FL 33131 

 305-374-5600 

 pedro.freyre@akerman.com 

FOR THE DEFENDANT(S): MARK F. RAYMOND, ESQ. 

Imperial Brands JONATHAN ETRA, ESQ. 

 NELSON MULLINS BROAD AND CASSEL 

 2 South Biscayne Boulevard 

 Miami, FL 33131 

 305-373-9425 

 mark.raymond@nelsonmullins.com 

 jonathan.etra@nelsonmullins.com 

 ANDREW RHYS DAVIES, ESQ. 

 ALLEN & OVERY, LLP 

 1221 Avenue of the Americas 

 New York, NY 10020 

 646-344-6643 

 andrewrhys.davies@allenovery.com 

TRANSCRIBED BY: Joanne Mancari, RPR, CRR, CSR 

 Court Reporter 

 jemancari@gmail.com 

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Thereupon, 

the following proceedings were held by telephone:

THE DEPUTY CLERK: Luis Rodriguez, et al. v. Imperial

Brands, P.C., et al., case No. 2023287, civil, Gayles.

Counsel, please state your appearances for the record.

MR. RODRIGUEZ: Yes. This is Frank Rodriguez and

Paulino Nunez, from the law firm of Rodriguez Tramont & Nunez,

for the plaintiffs, along with our cocounsel David W.

Berenthal, from Berenthal & Associates.

All three of us are here. We are complete in terms of

plaintiffs' counsel. 

Good afternoon, everyone. Good afternoon, your Honor.

THE COURT: All right. It will be you, Mr. Rodriguez?

MR. RODRIGUEZ: Yes, ma'am.

THE COURT: OK. All right. Go ahead.

MR. KRINSKY: This is Michael Krinsky, of Rabinowitz,

Boudin Standard Krinsky & Lieberman, in New York, for

Corporacion Habanos. Along with me is Lindsey Frank and Nathan

Yaffe of my firm, and Charles Harris, from Trenam Kemker, I

believe is also on the phone.

THE COURT: All right. And it will be Mr. Krinsky,

right?

MR. KRINSKY: Yes.

THE COURT: OK. All right. Next.

MR. DAVIES: Hello. It is Chris Davies, at Wilmer

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Hale, on behalf of the WPP defendant. I believe my colleague

Ashley Leen is on, also from Wilmer Hale, and then Pedro

Freyre, from Akerman, and Naim Surgeon, from Stroock, should

also both be on, I believe.

THE COURT: All right. Mr. Davies.

MR. DAVIES: Yes, your Honor.

THE COURT: Did I get that right?

MR. DAVIES: Yes. That's right, your Honor.

THE COURT: All right.

MR. RAYMOND: Good afternoon, your Honor. Mark

Raymond, Jonathan Etra, Nelson Mullins, along with our

cocounsel, from Allen & Overy, Andrew Rhys Davies, on behalf of

Imperial.

THE COURT: All right. I'm sorry. I didn't catch

your name.

MR. RAYMOND: Mark Raymond, from Nelson Mullins.

THE COURT: Raymond. All right.

I have Mr. Rodriguez, Mr. Krinsky, Mr. Davies,

Mr. Raymond, and the rest of the attendees are observing.

All right. I need to let you know that I am on duty

this week, but I thought I would fit this in just to sort out

all these papers that I have been getting about the evidentiary

hearing that I set.

I will tell you in all candor, I set an evidentiary

hearing because I had allowed 60 days of discovery,

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jurisdictional discovery, and I figured if there was discovery,

there would be evidence to present, but I am seeing different

points of view from Habanos based on the motion that they filed

to deem certain facts as established, relief in limine, and

other relief.

That motion was responded to by the plaintiffs and

replied to by Habanos. And I think -- yes. I got something

from Imperial also along the lines.

I want to help you figure out how to get ready for the

hearing. I will not be making any rulings, obviously. So to

the extent that any of the submissions make any merits

arguments, I am disregarding them and I am only addressing the

logistics of the hearing.

Now, Habanos has several points. I want to take up

what I think is the last point first because the last point has

to do with service of process. Let me find that in the motion.

Hang on.

So the argument seems to be that process was not

sufficient. Then there was some response that the process was

appropriate -- and I'm paraphrasing -- under the Foreign

Sovereign Immunities Act. Then in the reply Habanos is saying,

wait a minute, Foreign Sovereign Immunities Act is a different

animal -- my word -- and that involves other things.

So the request from Habanos was to address this

independently because obviously if the challenge to service is

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successful, then the party is not properly before the court.

When I handle things that are referred to me by the

district judges that involve various matters, I try to address

all matters. So in normal circumstances I would address both

the challenge to service and the challenge to personal

jurisdiction and then the district court has the complete

record upon which to rule. But from the papers it seems like

this whole business of whether service was proper under the

Foreign Sovereign Immunities Act brings in a whole host of

other issues.

I am happy to set this matter separately for hearing

ahead of the personal jurisdiction hearing, even if we have to

flag the personal jurisdiction hearing a little bit, and

address that independently just with Habanos.

So let me hear from Habanos and plaintiff what your

view is of that.

MR. KRINSKY: Yes, your Honor. This is Michael

Krinsky from Habanos.

I think the course you're indicating makes a lot of

sense to us. The service issue we think should be addressed

first. As I think your Honor correctly points out, it is not

the usual type of service issue because the plaintiffs had

brought in the Foreign Sovereign Immunities Act and that makes

it a different animal, as you say. So I think it makes sense

to address it separately and beforehand, and we're available

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whenever your Honor wants to hear us.

THE COURT: All right. Now let me hear from

Mr. Rodriguez.

MR. RODRIGUEZ: Yes, your Honor. On the merits of the

motion, I am going to have my partner Nunez, but before he gets

into the merits, I just want to comment that whatever is more

convenient for the judge, for yourself, in terms of scheduling.

You gave us a pretty tight window of 60 days. That is a

separate issue. We are endeavoring to comply. Your message

was heard loud and clear, and we are endeavoring to comply with

that tight window.

As a related but separate issue, if this hearing

caused the evidentiary hearing to be postponed in light of the

tight schedule, we wouldn't have an issue, we wouldn't have a

problem with that.

Paulino, go ahead and respond to the merits.

MR. NUNEZ: Just to be clear, Judge, my understanding

was you did not actually want to hear about the merits.

THE COURT: No. I'm just asking if you agree that I

should handle this service of process issue separately and

ahead of the personal jurisdiction motions that I have

scheduled for, I believe it is December, mid-December sometime.

That is my question.

Obviously, Habanos thinks that this should be

addressed separately and independently. So my question to you

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is, do you agree with that or not?

MR. NUNEZ: Yes. Well, first, we have no objection to

it being addressed independently. As far as whether it be

first or later, Judge, I guess it depends on schedules and how

everything else is affected, but we have no problem with it

being heard separately from the other motions.

THE COURT: All right. OK. Here's the thing, and

this is why I wanted to bring this up. When I do these things

by report and recommendation, obviously it is not something

that I am ultimately ruling on, and I think that the argument

that is being made by Habanos is if there is no service of

process, no effective service of process, why should we be put

to the task of the personal jurisdiction issue.

Now, let's say that I do handle this particular

service of process challenge first. I set aside the whole day.

Let's say I address that first. It sounds to me like the

parties agree that this is an issue of law, not of evidence, so

I could just hear argument on that. I would not be issuing a

report and recommendation immediately and I would not be ruling

on it from the bench because I cannot ultimately rule on it.

So I'm happy to handle that like, let's say, for that

morning, we address that issue first and then we put it to the

side and we address everything else. But if Habanos is saying,

no, until and unless there is effective service of process we

shouldn't be in court, then I want to hear from Habanos what

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your view is of that.

Do you want to put off all of the personal

jurisdiction issues as they relate to you until later? I'm

trying to make sure that your due process concerns and so on

are properly addressed, Mr. Krinsky.

MR. KRINSKY: Yes. Thank you, your Honor. We do

think service should be addressed first because we shouldn't be

here, we haven't been served, and we shouldn't be required to

litigate all these other issues if we haven't been served.

The point your Honor raises that you would be issuing

a report and recommendation, that creates a more complicated

time line. We understand. I would think we would like to take

it one step at a time.

THE COURT: OK.

MR. KRINSKY: We will get to that point and we will

try to figure out what makes sense at that point.

THE COURT: All right. So what I will do is on the --

I have it set for December --

MR. KRINSKY: 15th, I believe, your Honor.

THE COURT: -- 15th. OK. I have it set for December

15th. So on December 15th I will start out in the morning with

the portion of the motion to dismiss that only addresses the

process issue, and that will be only argument, legal argument

as to whether process was proper and whether the Foreign

Sovereign Immunities Act gets involved in this. So I am going

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to then -- and I will consult, but I am just telling you how

I'm thinking -- I will then move on to the motions by Imperial

and WPP, and then I would hold off on the one by Habanos, with

all of their various arguments.

Habanos is citing 12(b)(2), 12(b)(3), 12(b)(5),

12(b)(1), 12(b)(6) and 12(c). So that would be put off.

Then there's the joint one of all the parties, all the

defendants. It is the 12(b)(1) and 12(b)(6) motion. So that

would be could be held off and I could just do the personal

jurisdiction aspect of Imperial and WPP defendants, the rest on

the 15th, and then hold off on the others.

Let me hear from you what you think of that plan.

MR. A. DAVIES: Your Honor, this is Andrew Rhys Davies

for Imperial. Could I be heard on that, please?

THE COURT: Yes. Of course.

MR. A. DAVIES: So, your Honor, if Imperial's motions

to dismiss are purely legal, they are entirely facial

challenges to the sufficiency of the allegations, and that

includes our personal jurisdiction motion, it's all about

whether the amended complaint pleads a prima facie case for

personal jurisdiction. So our view would be of course fine to

address that on the 15th after your Honor has addressed the

Habanos service issue, but it really is only a legal argument.

There is no evidence submitted, there's been no request for

jurisdictional discovery. So that is purely legal argument.

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THE COURT: OK.

MR. A. DAVIES: The same, actually, for the rest of

Imperial's dismissal arguments too. Your Honor has said that

you will accede to the Department of Justice's request to hold

off on our Constitutional challenge --

THE COURT: Right.

MR. A. DAVIES: -- but the joint motion has a subject

matter jurisdiction issue because there is no allegation of a

concrete injury, and then, obviously, the 12(b)(6) arguments

also are by their nature just facial challenges, legal

challenges to the amended complaint.

So our suggestion would be that we simply argue each

of those legal challenges to your Honor on the 15th after

you've heard argument on Habanos' service motion to dismiss.

THE COURT: All right. You're saying that the joint

motion and your own motion address matters outside of the

constitutional challenge that I am putting to the side and you

want those addressed on the 15th, correct?

MR. A. DAVIES: Correct, your Honor.

THE COURT: All right. OK. Let me hear from the WPP

defendants now.

I think those are the ones that there has been

jurisdictional discovery on. Am I correct?

MR. DAVIES: Largely, your Honor. I believe that your

Honor granted jurisdictional discovery with respect to two of

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the three defendants, BCW, LLC and Y&R, LLC. There was not a

motion for discovery with respect to WPP, PLC, the other

defendant, nor did WPP, PLC submit any declaration in

connection with its motion seeking dismissal on the basis of

personal jurisdiction. Like the Imperial defendant, we

therefore think that WPP motion should be addressed on the face

of the complaint and the motion.

I should add that notwithstanding that there was no

order granting jurisdictional discovery with respect to WPP,

plaintiffs have sought both interrogatories and a 30(b)(6) with

respect to WPP, and WPP has voluntarily submitted responses to

those interrogatory requests. We don't think, however, that

that changes the posture of the complaint and motion with

respect to WPP's arguments on personal jurisdiction given that

there was no factual submission made by the defendant in

connection with its motion.

So we think that WPP and its personal jurisdiction

arguments should be addressed, along with Imperial, where I

understand and agree that BCW and Y&R are in a separate place

given that we put in declarations and that the plaintiff sought

discovery with respect to those two parties.

I would submit, for what it is worth, that with the

benefit of production and the declarations and some coming

depositions of representatives of those two entities, it is not

obvious to me that an evidentiary hearing is necessary, but I

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suppose that that is something that we and the plaintiffs can

address with one another and then if we can't reach agreement

with you as we get closer to the date once the depositions have

occurred. But I do think there is a distinction between WPP's

position and that of the two parties with respect to which your

Honor granted discovery on personal jurisdiction.

THE COURT: All right. I'm looking at my order on

status conference and it said that plaintiffs shall have 60

days from the date of this order to conduct jurisdictional

discovery and that they would respond to the motion from the

WPP defendants ten days after the close of jurisdictional

discovery.

I don't see the order making that distinction out of

WPP, PLC. It may have been in the motion. It may have been

understood by the parties. In any event, there is discovery as

to some of these defendants.

Let me just say, then, that whatever legal issue needs

to be addressed as to Imperial and the joint motion and the WPP

motion, we will address on the 15th.

Let me see. Is there agreement from the plaintiffs

that there is no need for evidence with regard to Imperial?

MR. RODRIGUEZ: There is, your Honor.

THE COURT: There is agreement.

MR. RODRIGUEZ: Yes.

THE COURT: OK. So then we can handle Imperial on the

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15th. No problem.

Then I think Mr. Davies indicated that he could work

with plaintiffs' counsel in terms of shaping up any, maybe it

would be stipulated documents, maybe it would be whatever,

evidentiary, predicate, may or may not be needed for the

challenge to personal jurisdiction by the WPP defendants.

Let me just tell you, I generally put in evidentiary

hearings the requirement of having the witness list and exhibit

list filed ahead of time. I started doing that when my CRD

told me that she needed that as a guide so as to be able to

follow along.

I did not put any time frames on it. I haven't had

parties dispute this business of when that has to be disclosed

and so on in the past. Generally the parties cooperate with

each other, share their information ahead of time, and then

they just file this for the benefit of the court. But it

sounds to me like Mr. Davies is willing to work with

Mr. Rodriguez in terms of shaping up whatever will be presented

at the hearing.

So we will start off with service of process as to

Habanos and that is all we will do on docket entry 89 for

Habanos. Then we will address Imperial's legal motions. We

will address the joint motion, but Habanos doesn't seem to want

to be involved until service has been established. So I don't

know if they want to argue on this joint motion, docket entry

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91. I leave that up to them.

MR. KRINSKY: It doesn't --

THE COURT: I'm sorry. Let me finish.

MR. KRINSKY: I'm sorry.

THE COURT: Then we will leave for the end -- maybe

that will take us through the morning, and then for the

afternoon we will do whatever evidence needs to be put on in

connection with the WPP defendants' jurisdictional challenging.

Does that sound like a plan?

MR. RODRIGUEZ: Your Honor, Rodriguez for the

plaintiffs. It does, but, respectfully, I'd like to know if we

need to prepare for the Alanos motion as well. So I'd like for

them to weigh in and at least let us know if that is something

that we need to prepare for in addition to these other matters.

THE COURT: Well, I thought that there was agreement

on docket entry 89, which is Habanos' motion. The only matter

I will address is the 12(b)(3) -- let me see -- 12(b)(3) and

(5), I think, challenge to service.

MR. RODRIGUEZ: OK.

MR. KRINSKY: This is Michael Krinsky, your Honor, for

Habanos. Yes. We think what your Honor has laid out, we

understand and it seems to make sense.

THE COURT: All right. Is everybody on the same page?

MR. KRINSKY: I believe so, your Honor.

THE COURT: All right. All right. If there is a

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witness and exhibit list, be sure to get that to me ahead of

the hearing, but I don't need it any sooner than the day before

the hearing. But because that involves the WPP defendants and

plaintiff, I leave it to your professional courtesy and method

of operation to work things out so that there are no surprises

at the hearing.

MR. RODRIGUEZ: Understood, Judge.

MR. KRINSKY: Very good, your Honor. Thank you.

THE COURT: All right. I will see you on the 15th via

Zoom.

Let me just tell you one more comment. We just

started doing in-person criminal matters. That is why I am

having duty court, magistrate judge duty court in person this

week. I have set this off for Zoom. I note that there are

people from out of state. I'm happy to keep it at Zoom. If

people want to come in, you need to tell me if you want to

change it to in person.

Is there any particular feelings about that or is

everybody happy with going forward on Zoom?

MR. RODRIGUEZ: Your Honor, I hadn't really thought

about it. We can discuss it. Something of this import

ordinarily I'd prefer in person. I'm taking into account that

there are others that are involved in this call that represent

clients in this case that wouldn't have the same facility that

I would in getting to the courthouse.

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THE COURT: Right.

MR. RODRIGUEZ: I would hope if it was reversed, I

would get the same courtesy. So I will speak to counsel about

that. Initially my preference would be to have it in person

but with that caveat, that I would be differential in light of

schedules and distances. We are getting close to the other

end, but we are still in a pandemic, so that --

THE COURT: That is true, and also the other

consideration is travel, which of course is not just showing up

here in person. It is making travel arrangements, getting on a

plane, and so on.

So as it stands right now, it is Zoom. If there is

complete 100 percent agreement by all parties that you want to

do it in person, I'm happy to accommodate that. But it has to

be everybody is on the same page.

All right. If you are, then give me, send me, do a

joint notice, because we have some special instructions for

people coming into the courthouse that we would need to notify

you.

Anything else I can do for you today?

MR. RODRIGUEZ: No, your Honor. This is Rodriguez.

Just one final thought.

Counsel is cooperating. We are meeting and

conferring, but we have recently gotten some discovery as

recently as Monday night. Candidly, after your order in the

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Case 1:20-cv-23287-DPG Document 156 Entered on FLSD Docket 11/29/2021 Page 18 of 28
19

 

last status conference, which was, I believe, September 27th,

it took us a couple of weeks to get discovery out. That

certainly is no indication of how serious we view the

circumstance.

We are not a large firm, Judge. As your Honor may

know, down here in -- I don't know how things are around the

country, but down here in Florida, the Supreme Court is

squeezing on the state courts. We are on calendars just all

the time. Some as uncivilized as two-hour notices, because the

judges are understandably wanting to move the dockets and they

are squeezing the attorneys. So we didn't get our discovery

out for two weeks after you entered that order.

We got the discovery responses on Saturday and some on

Monday night. We are working through them and we are working

through counsel to see if we can agree regarding some of the

objections that they've made, and we are cooperating with each

other, and we will very much, at least from our perspective,

and I know I speak for defense counsel because they have

indicated that they absolutely want to meet the deadline that

you set, which is understandable, and we do as well.

If it is possible, I might be filing a motion. I

didn't want today to go by without me saying that is a

possibility in light of the meet and confer. I just didn't

want it to come out of the blue in light of the fact that we

are having this status conference now.

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Case 1:20-cv-23287-DPG Document 156 Entered on FLSD Docket 11/29/2021 Page 19 of 28
20

 

I don't know what is going to happen. We are going to

meet and confer today, possibly tomorrow, and we are hoping to

get the depositions in next week before the Thanksgiving

holiday. It is an ambitious schedule. We are trying to meet

it. We heard you loud and clear, what you said, but I wanted

to make these comments before we ended the call so at least if

I did file a motion, your Honor's first reaction wouldn't be,

well, why the heck didn't Rodriguez say something when we had

this status conference the day before. Anyway, I have said my

peace.

THE COURT: Well, regardless, we are having a hearing

on the 15th because we have matters to address that are not

dependent on this discovery. So we are keeping that date.

If by any chance the parties come to some agreement

because of the situation that you seem to be describing, then

you can file some kind of motion. It would have to be an

agreed motion for me to even consider it. If it is opposed,

then I will not consider it. I am not heartless. I am tough,

but I have a heart. So if people find themselves in a very

dire situation, I will consider the difficulties encountered by

them.

Do the best that you can. If you find yourself at the

end of the rope, then work with opposing counsel and see what

you can come up with. All right. But we are still meeting on

the 15th regardless.

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Case 1:20-cv-23287-DPG Document 156 Entered on FLSD Docket 11/29/2021 Page 20 of 28
21

 

MR. RODRIGUEZ: Understood.

THE COURT: All right.

MR. RODRIGUEZ: Thank you, your Honor.

THE COURT: Anything else? No?

MR. RODRIGUEZ: Nothing else.

MR. KRINSKY: Thank you, your Honor.

THE COURT: I will issue an order so everybody knows

that the hearing will first address Habanos' service of process

challenges, referring to the 12(b)(3) and 12(b)(5), I think --

whichever one -- referring to the correct sections, limited to

that, and then Imperial's motion, the joint motion, and the WPP

defendants' motion, in that order. That is how we will handle

it.

Thank you.

(Adjourned)

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Case 1:20-cv-23287-DPG Document 156 Entered on FLSD Docket 11/29/2021 Page 21 of 28
 

C E R T I F I C A T E 

I hereby certify that the foregoing is an accurate 

transcription to the best of my ability of the digital audio 

recording in the above-entitled matter. 

November 25, 2021 s/ Joanne Mancari 

 Joanne Mancari, RPR, CRR, CSR 

 Court Reporter 

 jemancari@gmail.com 

Case 1:20-cv-23287-DPG Document 156 Entered on FLSD Docket 11/29/2021 Page 22 of 28
 MR. A. DAVIES: [5] 11/13 11/16 12/2

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 MR. DAVIES: [4] 4/25 5/6 5/8 12/24

 MR. KRINSKY: [12] 4/16 4/23 7/17 10/6

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JONATHAN [2] 3/8 5/11

jonathan.etra [1] 3/11

JR [2] 1/17 2/9

judge [7] 1/12 8/7 8/17 9/4 17/7 17/13

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judges [2] 7/3 19/10

jurisdiction [15] 7/6 7/12 7/13 8/21 9/13

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jurisdictional [8] 6/1 11/25 12/23 12/25

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just [18] 5/21 7/14 8/6 8/17 8/19 9/18

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Justice's [1] 12/4

K

keep [1] 17/15

keeping [1] 20/13

KEMKER [2] 2/10 4/19

Kennedy [1] 2/11

kind [1] 20/16

know [8] 5/20 15/25 16/11 16/13 19/6

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knows [1] 21/7

KRINSKY [9] 2/3 2/4 4/16 4/17 4/21 5/18

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L

laid [1] 16/21

large [1] 19/5

Largely [1] 12/24

last [3] 6/15 6/15 19/1

later [2] 9/4 10/3

LAVAN [1] 2/20

law [2] 4/7 9/17

law.com [3] 1/19 1/20 1/20

least [3] 16/13 19/17 20/6

leave [3] 16/1 16/5 17/4

LEEN [2] 2/15 5/2

legal [8] 10/23 11/17 11/23 11/25 12/10

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let [13] 5/20 6/16 7/15 8/2 11/12 12/20

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let's [3] 9/14 9/16 9/21

lfrank [1] 2/7

LIEBERMAN [2] 2/5 4/17

light [4] 8/13 18/5 19/23 19/24

like [9] 7/7 9/16 9/21 10/12 13/5 15/17

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limine [1] 6/4

limited [1] 21/10

LINDSEY [2] 2/3 4/18

line [1] 10/12

lines [1] 6/8

list [3] 15/8 15/9 17/1

litigate [1] 10/9

little [1] 7/13

LLC [2] 13/1 13/1

LLP [4] 2/16 2/20 3/3 3/13

logistics [1] 6/13

looking [1] 14/7

lot [1] 7/19

loud [2] 8/10 20/5

LUIS [2] 1/3 4/3

M

ma'am [1] 4/14

made [3] 9/11 13/15 19/16

Madison [1] 1/23

magistrate [2] 1/12 17/13

make [4] 6/11 10/4 16/22 20/6

makes [4] 7/19 7/23 7/24 10/16

making [3] 6/10 14/13 18/10

Mancari [3] 3/18 22/8 22/8

MANUEL [1] 1/3

MARK [3] 3/8 5/10 5/16

mark.raymond [1] 3/11

matter [4] 7/11 12/8 16/16 22/6

matters [6] 7/3 7/4 12/16 16/14 17/12

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may [5] 14/14 14/14 15/5 15/5 19/5

maybe [3] 15/3 15/4 16/5

me [23] 

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meet [4] 19/19 19/23 20/2 20/4

meeting [2] 18/23 20/24

merits [5] 6/11 8/4 8/6 8/16 8/18

message [1] 8/9

method [1] 17/4

Miami [4] 1/5 2/21 3/4 3/10

MICHAEL [4] 2/3 4/16 7/17 16/20

mid [1] 8/22

mid-December [1] 8/22

might [1] 19/21

minute [1] 6/22

mkrinsky [1] 2/7

Monday [2] 18/25 19/14

more [3] 8/6 10/11 17/11

morning [3] 9/22 10/21 16/6

motion [32] 

motions [5] 8/21 9/6 11/2 11/16 15/22

move [2] 11/2 19/10

Mr. [12] 4/13 4/21 5/5 5/18 5/18 5/18

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Mr. Davies [4] 5/5 5/18 15/2 15/17

Mr. Krinsky [3] 4/21 5/18 10/5

Mr. Raymond [1] 5/19

Mr. Rodriguez [4] 4/13 5/18 8/3 15/18

much [1] 19/17

MULLINS [3] 3/9 5/11 5/16

MULLIS [1] 2/10

my [12] 4/19 5/1 6/23 8/5 8/17 8/23 8/25

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NAIM [2] 2/20 5/3

name [1] 5/15

NATHAN [2] 2/4 4/18

nature [1] 12/10

necessary [1] 13/25

need [7] 5/20 14/21 16/12 16/14 17/2

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needed [2] 15/5 15/10

needs [2] 14/17 16/7

NELSON [3] 3/9 5/11 5/16

nelsonmullins.com [2] 3/11 3/11

New [4] 1/23 2/6 3/14 4/17

next [2] 4/24 20/3

night [2] 18/25 19/14

no [19] 1/2 4/4 8/19 9/2 9/5 9/11 9/12

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nor [1] 13/3

normal [1] 7/4

not [19] 6/10 6/18 7/1 7/21 8/18 9/1 9/9

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note [1] 17/14

Nothing [1] 21/5

notice [1] 18/17

notices [1] 19/9

notify [1] 18/18

notwithstanding [1] 13/8

November [2] 1/6 22/8

now [6] 6/14 8/2 9/14 12/21 18/12 19/25

nsurgeon [1] 2/22

NUNEZ [6] 1/16 1/17 1/17 4/7 4/7 8/5

NW [1] 2/17

NY [3] 1/23 2/6 3/14

nyaffe [1] 2/8

O

O'NEILL [1] 2/10

objection [1] 9/2

objections [1] 19/16

observing [1] 5/19

obvious [1] 13/25

obviously [5] 6/10 6/25 8/24 9/9 12/9

occurred [1] 14/4

off [8] 10/2 11/3 11/6 11/9 11/11 12/5

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OK [9] 4/15 4/24 9/7 10/14 10/20 12/1

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on [54] 

once [1] 14/3

one [7] 10/13 11/3 11/7 14/2 17/11

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ones [1] 12/22

only [5] 6/12 10/22 10/23 11/23 16/16

operation [1] 17/5

opposed [1] 20/17

opposing [1] 20/23

or [4] 9/1 9/4 15/5 17/18

order [8] 13/9 14/7 14/9 14/13 18/25

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ordinarily [1] 17/22

OTAZO [1] 1/12

OTAZO-REYES [1] 1/12

other [11] 6/5 6/23 7/10 9/6 10/9 13/2

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others [2] 11/11 17/23

our [8] 4/8 5/11 11/19 11/21 12/5 12/12

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out [12] 5/21 6/9 7/21 10/16 10/21 14/13

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outside [1] 12/16

OVERY [2] 3/13 5/12

own [1] 12/16

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P.A [2] 1/17 1/22

P.C [2] 2/5 4/4

page [2] 16/23 18/15

Pages [1] 1/9

pan [1] 1/20

pandemic [1] 18/7

papers [2] 5/22 7/7

paraphrasing [1] 6/20

particular [2] 9/14 17/18

parties [9] 9/17 11/7 13/21 14/5 14/15

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partner [1] 8/5

party [1] 7/1

past [1] 15/14

PAUL [1] 1/16

PAULINO [3] 1/17 4/7 8/16

peace [1] 20/10

PEDRO [2] 3/3 5/2

pedro.freyre [1] 3/5

Pennsylvania [1] 2/17

people [4] 17/15 17/16 18/18 20/19

percent [1] 18/13

person [7] 17/12 17/13 17/17 17/22 18/4

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personal [14] 7/5 7/12 7/13 8/21 9/13

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perspective [1] 19/17

phone [1] 4/20

PICKERING [1] 2/16

place [1] 13/19

plaintiff [5] 1/5 1/16 7/15 13/20 17/4

plaintiffs [8] 4/8 6/6 7/22 13/10 14/1 14/8

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plaintiffs' [2] 4/11 15/3

plan [2] 11/12 16/9

plane [1] 18/11

PLC [6] 1/7 2/15 3/3 13/2 13/3 14/14

pleads [1] 11/20

please [2] 4/5 11/14

pmn [1] 1/20

point [5] 6/15 6/15 10/10 10/15 10/16

points [3] 6/3 6/14 7/21

portion [1] 10/22

position [1] 14/5

possibility [1] 19/23

possible [1] 19/21

possibly [1] 20/2

postponed [1] 8/13

posture [1] 13/13

predicate [1] 15/5

prefer [1] 17/22

preference [1] 18/4

prepare [2] 16/12 16/14

present [1] 6/2

presented [1] 15/18

pretty [1] 8/8

prima [1] 11/20

problem [3] 8/15 9/5 15/1

proceedings [1] 4/2

process [13] 6/16 6/18 6/19 8/20 9/12

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production [1] 13/23

professional [1] 17/4

proper [2] 7/8 10/24

properly [2] 7/1 10/5

purely [2] 11/17 11/25

put [8] 9/12 9/22 10/2 11/6 13/20 15/7

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putting [1] 12/17

Q

question [2] 8/23 8/25

R

RABINOWITZ [2] 2/4 4/16

raises [1] 10/10

RAYMOND [5] 3/8 5/11 5/16 5/17 5/19

rbskl.com [3] 2/7 2/7 2/8

reach [1] 14/2

reaction [1] 20/7

ready [1] 6/9

really [2] 11/23 17/20

recently [2] 18/24 18/25

recommendation [3] 9/9 9/19 10/11

record [2] 4/5 7/7

recording [2] 1/11 22/6

referred [1] 7/2

referring [2] 21/9 21/10

regard [1] 14/21

regarding [1] 19/15

regardless [2] 20/11 20/25

relate [1] 10/3

related [1] 8/12

relief [2] 6/4 6/5

replied [1] 6/7

reply [1] 6/21

report [3] 9/9 9/19 10/11

Reporter [2] 3/18 22/9

represent [1] 17/23

representatives [1] 13/24

request [3] 6/24 11/24 12/4

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requests [1] 13/12

required [1] 10/8

requirement [1] 15/8

respect [7] 12/25 13/2 13/9 13/11 13/14

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respectfully [1] 16/11

respond [2] 8/16 14/10

responded [1] 6/6

response [1] 6/19

responses [2] 13/11 19/13

rest [3] 5/19 11/10 12/2

reversed [1] 18/2

REYES [1] 1/12

RHYS [3] 3/13 5/12 11/13

right [28] 

RODRIGUEZ [13] 1/3 1/16 1/17 4/3 4/6

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rope [1] 20/23

RPR [2] 3/18 22/8

rtgn [3] 1/19 1/20 1/20

rtgn-law.com [3] 1/19 1/20 1/20

rule [2] 7/7 9/20

ruling [2] 9/10 9/19

rulings [1] 6/10

S

S.E [1] 3/4

said [4] 12/3 14/8 20/5 20/9

same [5] 12/2 16/23 17/24 18/3 18/15

Saturday [1] 19/13

say [6] 7/24 9/14 9/16 9/21 14/17 20/8

saying [4] 6/21 9/23 12/15 19/22

SCHARF [1] 2/10

schedule [2] 8/14 20/4

scheduled [1] 8/22

schedules [2] 9/4 18/6

scheduling [1] 8/7

sections [1] 21/10

see [6] 14/13 14/20 16/17 17/9 19/15

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seeing [1] 6/2

seeking [1] 13/4

seem [2] 15/23 20/15

seems [3] 6/18 7/7 16/22

send [1] 18/16

sense [4] 7/20 7/24 10/16 16/22

separate [3] 8/9 8/12 13/19

separately [5] 7/11 7/25 8/20 8/25 9/6

September [1] 19/1

serious [1] 19/3

served [2] 10/8 10/9

service [18] 6/16 6/25 7/5 7/8 7/20 7/22

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set [8] 5/23 5/24 7/11 9/15 10/18 10/20

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several [1] 6/14

shall [1] 14/8

shaping [2] 15/3 15/18

share [1] 15/15

she [1] 15/10

should [9] 5/3 7/20 8/20 8/24 9/12 10/7

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shouldn't [3] 9/25 10/7 10/8

showing [1] 18/9

side [2] 9/23 12/17

simply [1] 12/12

situation [2] 20/15 20/20

so [37] 

some [10] 6/19 13/23 14/16 18/17 18/24

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something [6] 6/7 9/9 14/1 16/13 17/21

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sometime [1] 8/22

sooner [1] 17/2

sorry [3] 5/14 16/3 16/4

sort [1] 5/21

sought [2] 13/10 13/20

sound [1] 16/9

sounds [2] 9/16 15/17

South [1] 3/9

SOUTHERN [1] 1/1

Sovereign [5] 6/21 6/22 7/9 7/23 10/25

speak [2] 18/3 19/18

special [1] 18/17

squeezing [2] 19/8 19/11

STANDARD [2] 2/4 4/17

stands [1] 18/12

start [2] 10/21 15/20

started [2] 15/9 17/12

state [3] 4/5 17/15 19/8

STATES [2] 1/1 1/12

status [5] 1/11 14/8 19/1 19/25 20/9

step [1] 10/13

still [2] 18/7 20/24

stipulated [1] 15/4

Street [2] 2/5 3/4

STROOCK [3] 2/20 2/20 5/3

stroock.com [1] 2/22

subject [1] 12/7

submission [1] 13/15

submissions [1] 6/11

submit [2] 13/3 13/22

submitted [2] 11/24 13/11

successful [1] 7/1

sufficiency [1] 11/18

sufficient [1] 6/19

suggestion [1] 12/12

suppose [1] 14/1

Supreme [1] 19/7

sure [2] 10/4 17/1

SURGEON [2] 2/20 5/3

surprises [1] 17/5

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take [3] 6/14 10/12 16/6

taking [1] 17/22

Tampa [1] 2/11

task [1] 9/13

telephone [1] 4/2

tell [4] 5/24 15/7 17/11 17/16

telling [1] 11/1

ten [1] 14/11

terms [4] 4/10 8/7 15/3 15/18

than [1] 17/2

Thank [5] 10/6 17/8 21/3 21/6 21/14

Thanksgiving [1] 20/3

that [124] 

That's [1] 5/8

their [3] 11/4 12/10 15/15

them [5] 6/12 16/1 16/13 19/14 20/21

themselves [1] 20/19

then [26] 

there [24] 

there's [2] 11/7 11/24

therefore [1] 13/6

Thereupon [1] 3/20

these [6] 5/22 9/8 10/9 14/16 16/14 20/6

they [9] 6/3 10/3 11/17 14/10 15/16

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they've [1] 19/16

thing [1] 9/7

things [5] 6/23 7/2 9/8 17/5 19/6

think [19] 6/7 6/15 7/19 7/20 7/21 7/24

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thinking [1] 11/2

thinks [1] 8/24

this [31] 

those [6] 12/13 12/18 12/22 13/12 13/21

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thought [4] 5/21 16/15 17/20 18/22

three [2] 4/10 13/1

through [3] 16/6 19/14 19/15

tight [3] 8/8 8/11 8/14

time [6] 10/12 10/13 15/9 15/12 15/15

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today [3] 18/20 19/22 20/2

told [1] 15/10

tomorrow [1] 20/2

too [1] 12/3

took [1] 19/2

tough [1] 20/18

TRAMONT [2] 1/17 4/7

TRANSCRIBED [2] 1/11 3/18

transcription [1] 22/5

travel [2] 18/9 18/10

TRENAM [2] 2/10 4/19

trenam.com [1] 2/12

true [1] 18/8

try [2] 7/3 10/16

trying [2] 10/4 20/4

two [6] 12/25 13/21 13/24 14/5 19/9

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two-hour [1] 19/9

type [1] 7/22

U

ultimately [2] 9/10 9/20

uncivilized [1] 19/9

under [2] 6/20 7/8

understand [3] 10/12 13/19 16/22

understandable [1] 19/20

understandably [1] 19/10

understanding [1] 8/17

understood [3] 14/15 17/7 21/1

UNITED [2] 1/1 1/12

unless [1] 9/24

until [3] 9/24 10/3 15/24

up [7] 6/14 9/8 15/3 15/18 16/1 18/9

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upon [1] 7/7

us [7] 4/10 7/20 8/1 8/8 16/6 16/13 19/2

usual [1] 7/22

V

various [2] 7/3 11/4

very [3] 17/8 19/17 20/19

via [1] 17/9

view [5] 6/3 7/16 10/1 11/21 19/3

voluntarily [1] 13/11

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wait [1] 6/22

want [15] 6/9 6/14 8/6 8/18 9/25 10/2

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wanted [2] 9/8 20/5

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wanting [1] 19/10

wants [1] 8/1

was [16] 6/1 6/6 6/18 6/19 6/19 6/24 7/8

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Washington [1] 2/17

we [74] 

we're [1] 7/25

week [3] 5/21 17/14 20/3

weeks [2] 19/2 19/12

weigh [1] 16/13

well [6] 9/2 16/12 16/15 19/20 20/8

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were [1] 4/2

West [1] 2/5

what [11] 6/15 7/15 9/25 10/16 10/17

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whatever [5] 8/6 14/17 15/4 15/18 16/7

when [5] 7/2 9/8 15/9 15/13 20/8

whenever [1] 8/1

where [1] 13/18

whether [5] 7/8 9/3 10/24 10/24 11/20

which [6] 7/7 14/5 16/16 18/9 19/1 19/20

whichever [1] 21/10

whole [3] 7/8 7/9 9/15

why [4] 9/8 9/12 17/12 20/8

will [30] 

willing [1] 15/17

WILMER [3] 2/16 4/25 5/2

wilmerhale.com [1] 2/18

window [2] 8/8 8/11

without [1] 19/22

witness [2] 15/8 17/1

word [1] 6/23

work [4] 15/2 15/17 17/5 20/23

working [2] 19/14 19/14

worth [1] 13/22

would [24] 

wouldn't [4] 8/14 8/14 17/24 20/7

WPP [20] 2/15 3/3 5/1 11/3 11/10 12/20

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WPP's [2] 13/14 14/4

Y

YAFFE [2] 2/4 4/19

yes [13] 4/6 4/14 4/23 5/6 5/8 6/7 7/17

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York [4] 1/23 2/6 3/14 4/17

you [42] 

you're [2] 7/19 12/15

you've [1] 12/14

your [41] 

yourself [2] 8/7 20/22

Z

Zoom [5] 17/10 17/14 17/15 17/19 18/12

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