Untitled Document

EXHIBIT B

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW MEXICO 

IN RE: SANTA FE NATURAL TOBACCO 

COMPANY MARKETING, SALES 

PRACTICES, AND PRODUCTS LIABILITY Lead Case No. 1:16-md-02695 JB/LF 

LITIGATION 

This Document Relates To All Actions

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO 

DEFENDANT R.J. REYNOLDS TOBACCO COMPANY1

PLAINTIFFS, pursuant to Fed. R. Civ. P. 34, hereby request that Defendant R.J. 

Reynolds Tobacco Company, produce the following documents within its custody, possession, or 

control, in accordance with the requirements and procedures set forth in the rule. 

As used in these requests, the following terms have the following meanings. 

DEFINITIONS 

1. “You” and “your” and “RJRT” refer to Defendant R.J. Reynolds Tobacco

Company, including (as may apply depending upon the time frame of a given request), its parent 

companies (specifically including Reynolds American Inc. (“RAI”) ), its predecessors-ininterest, its executives, officers, agents, and employees and any other person acting on its behalf, 

including attorneys. 

2. “Documents” has the meaning set for the Fed. R. Civ. P. 34(a)(1) and includes

ESI. 

1

 As stated in correspondence to Peter Biersteker dated October 29, 2010, Plaintiffs still maintain that RJRT had an 

obligation to respond to discovery on or before November 15, 2016, the date on which RAI responded to Plaintiffs’ 

discovery. These requests merely serve as duplicate requests. 

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 3. “American Spirits” or “product” refers to American Spirit brand cigarettes placed 

in the stream of commerce within the United States at any time, including all packings and line 

extensions. 

 4. Unless otherwise specified, all requests are limited to documents and things 

pertaining to the sale and marketing of American Spirits within the United States. 

 5. Unless a request contains a specific time limitation, it seeks all documents 

created, generated or obtained at any point in time through the date of your response. 

6. “To,” “relating to” or “refer or relate to” shall mean, without limitation, 

discussing, describing, reflecting, dealing with, pertaining to, analyzing, evaluating, concerning, 

mentioning, studying, surveying, projecting, assessing, recording, summarizing, criticizing, 

reporting, commenting, or otherwise involving, in whole or in part the subject matter of the 

request. 

INSTRUCTIONS 

1. The use of the singular herein shall be deemed to include the plural. The use of 

one gender shall be deemed to include all other genders. The use of the conjunction “or” shall be 

deemed to include the conjunction “and,” and vice versa. 

2. In producing the documents and things requested herein, you shall furnish all 

documents in your actual or constructive possession, custody, or control, or in the actual or 

constructive possession, custody, or control of your officers, employees, agents, representatives, 

corporate affiliates, or attorneys. 

3. If any requested document or thing cannot be produced in full, it shall be 

produced to the extent possible, indicating what document or portion of documents are being 

withheld and the reasons why such documents are being withheld. 

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4. If any document covered by these requests is withheld by reason of a claim of 

attorney-client privilege, attorney work product protection, or any other privilege or protection, 

please furnish a log providing the following information with respect to each such withheld 

document: date, author, recipients, general subject matter sufficient to make a prima facie 

determination whether the asserted privilege has been properly invoked, and legal basis upon 

which the document has been withheld. 

5. Notwithstanding the assertion of any privilege or objection, any document which 

contains both privileged or objectionable and non-privileged or non-objectionable information 

which is responsive to these requests must be produced with the privileged or objectionable 

information redacted from the document. 

6. Copies of the file tab or label of the file within which a requested document is 

located shall be produced along with the document found in the file. 

7. If you are aware that a document or thing once existed but has been destroyed, 

please state when the document or thing was destroyed, why it was destroyed, and the 

circumstances under which it was destroyed. 

8. If you object to or are unable to answer any of these requests, please state your 

objection or reason for your inability to answer separately in detail for each such request. Any 

ground not stated shall be deemed waived. 

9. Failure to provide information in response to these requests will be deemed a 

waiver of your right to produce such evidence at trial. Plaintiffs reserve the right to move to 

preclude the introduction of any evidence not produced in response to these requests.

PLEASE PRODUCE LEGIBLE/AUDIBLE COPIES OF THE FOLLOWING 

DOCUMENTS: 

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 1. A legible/audible copy of each transcript or audio recording of any oral statement 

made at any time by any named class representative in any related action, excluding any 

deposition taken in this action. 

 2. Every written document that you believe was authored by or that you believe 

otherwise memorializes the beliefs, opinions, or knowledge of any named class representative in 

any related action, excluding pleadings and discovery responses in this action. 

 3. Every document created, generated, or obtained before this action was filed which 

document bears the name or other personal identifying information for any named class 

representative in any related action, specifically including, but not limited to, customer lists, 

responses to promotional or other participatory marketing campaigns, correspondence, phone 

logs, and the like. 

 4. Every document indicating or tending to indicate that any named class 

representative in any related action purchased or otherwise obtained American Spirits. 

 5. All manufacturing specifications and each modification thereto for all American 

Spirits. If specifications (other than the container) differed between soft pack and box, please 

provide separate specifications for both identifiable as such. 

 6. If not encompassed within the manufacturing specifications produced in response 

to the preceding request, any other product specification or profile or other document that 

identifies the ingredients, additives, and processing aids for all American Spirits, including, but 

not limited to: the types of paper used for tobacco column and filter, porosity of paper, tobacco 

blend formulation (including reconstituted and expanded tobacco, and alternate fillers), filter 

configuration, rod length, filter length, circumference of rod, filtration efficiency, filter 

ventilation, pressure drop, burn additives, burn rate, tar yield, nicotine yield, smoke yield, 

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percentage of nicotine in the column/rod, casing materials, top dressings/flavors, weight of 

tobacco, weight of filter, nicotine transfer ratio, pH levels of tobacco or smoke, ammonia 

compounds, and every other additive and processing aid of any description. 

 7. Any and all documents necessary to interpret the documents produced in response 

to the two preceding requests, including, for example, internal indexes or glossaries revealing the 

significance of manufacturing or ingredient codes. 

8. All documents constituting or reflecting analytical testing of American Spirits by 

RJRT or performed at RJRT’s request or on its behalf by anyone outside RJRT, specifically 

including any testing performed by Reynolds American Inc., Santa Fe Natural Tobacco 

Company or any other Reynolds entity. 

 9. Every document not produced in response to any preceding request which 

discusses, refers to, or otherwise reflects the presence or absence of any ingredient or additive in 

any American Spirits cigarette. 

 10. A color reproduction of every print, email, or online advertisement and 

marketing/promotional piece for American Spirits from their inception to date. 

 11. A color reproduction of a representative sample of each email and direct-mail 

advertisement and marketing/promotional campaign for American Spirits from their inception to 

date. 

 12. A color reproduction of every outdoor advertisement and marketing/promotional 

piece, including transit advertisements, for American Spirits from their inception to date. 

 13. A color reproduction of every point-of-sale/point-of-purchase advertisement and 

marketing/promotional piece for American Spirits from their inception to date. 

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 14. A color reproduction of every other advertisement for American Spirits shared via 

electronic transmission, including all advertisements in all social media platforms from inception 

to date. 

 15. A color reproduction of every writing (including brochures, pamphlets, leaflets, 

flyers, and the like) bearing any American Spirits brand name or logo, which writing was 

distributed free of charge at any time. 

 16. A sample or color reproduction/depiction of every American Spirits specialty item 

sold or given to any member of the public from inception to date. 

 17. A color reproduction of a representative sample of every packaging for every line 

or line extension of American Spirits. 

 18. Every document identifying or otherwise reflecting any print publications 

(newspapers, magazines, etc) in which American Spirits advertising appeared at any time. 

 19. All scripts for consumer call centers or otherwise used for interaction with 

American Spirits consumers. 

 20. All responses to consumer letters, emails, messages, or other communications 

which responses directly or indirectly refer to the design and manufacture of American Spirits, 

including chemicals, ingredients, or additives contained or not contained in American Spirits. 

 21. All responses to consumer letters, emails, messages, or other communications 

which responses directly or indirectly refer to the content of American Spirits advertisements or 

other marketing materials. 

 22. Every document containing or reflecting internal company communications 

regarding the proposed or actual content of American Spirits advertising or other marketing 

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materials, specifically including all marketing plans and any documents discussing or referring to 

their potential or intended impact upon consumer perceptions of American Spirits. 

 23. Every document containing or reflecting communications between you and 

someone outside RJRT regarding the proposed or draft or actual content of American Spirits 

advertising or other marketing materials and any documents discussing or referring to their 

potential or intended impact upon consumer perceptions of American Spirits. 

 24. Every document containing or reflecting internal company communications 

regarding proposed or actual packaging or labeling for American Spirits, specifically including 

any documents discussing or referring to its potential or intended impact upon consumer 

perceptions of American Spirits. 

 25. Every document containing or reflecting communications between you and 

someone outside RJRT regarding proposed or actual packaging or labeling for American Spirits, 

specifically including any documents discussing or referring to its potential or intended impact 

upon consumer perceptions of American Spirits. 

 26. Every document not produced in response to a preceding response, which 

document discusses, refers to, or otherwise reflects marketing strategy for American Spirits. 

 27. Every document that constitutes or reflects a communication by you to any 

member of the public which refers in any way to the nicotine, tar or the presence or absence of 

any additive, or additives generally content of American Spirits. 

 28. Every document that constitutes or reflects a communication by you to any 

member of the public which refers in any way to the health effects of smoking generally or 

smoking American Spirits, specifically. 

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 29. Every marketing agreement, marketing proposal, or other contract entered 

between you and someone outside or not affiliated with RJRT with respect to the advertising or 

marketing of American Spirits. 

 30. Every document that discusses, refers to, or otherwise reflects the ideal, potential, 

desired, or actual demographic(s) for American Spirits consumers. 

 31. Every document that discusses, refers to, or otherwise reflects the rationale(s) for 

pricing American Spirits at their given price point at any time. 

 32. Every document that constitutes, discusses, refers to, or otherwise reflects the 

existence of any consumer survey performed by you or on your behalf. 

 33. Every document that constitutes, discusses, refers to, or otherwise reflects the 

existence of any focus group regarding American Spirits potential or actual marketing claims and 

packaging and labelling. 

 34. Every document that constitutes, discusses, refers to, or otherwise reflects the 

existence of any focus group regarding American Spirits potential or actual advertising slogans 

or brand name. 

 35. All responses by you to the Federal Trade Commission in connection with its 

annual reports on cigarette advertising and sales. 

 36. All documents reflecting the cost to produce American Spirits, including cost of 

materials and production, over the past six years. 

 37. All communications between SFNTC and RJRT, or any other Reynolds entity, 

discussing or referring in any way to the advertising or marketing of American Spirits. 

 38. All communications between SFNTC and RJRT, or any other Reynolds entity, 

discussing or referring in any way to the design or manufacture of American Spirits. 

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 39. All communications between SFNTC and RJRT, or any other Reynolds entity, 

discussing or referring in any way to the testing of American Spirits. 

 40. All customer lists and other documents that identify consumers of American 

Spirits, over the past six years. 

 41. Organizational charts reflecting the composition of RJRT (including the 

composition of SFNTC), including its marketing department, from its inception to the present. 

 42. All current and past document retention/destruction policies at RJRT. 

 43. All documents reflecting the allocation between RJRT and SFNTC of 

responsibilities for American Spirits, including cigarette design, manufacture, advertising, 

marketing, and sales upon RJRT’s acquisition of SFNTC. 

 44. All documents reflecting the transfer of documents, if any, from SFNTC to RJRT, 

or vice versa, upon RJRT’s acquisition of SFNTC. 

 45. All documents that discuss or refer in any way to the loss or destruction of any 

documents relating in any way to American Spirits. 

46. All documents relating to communications between you and any governmental 

agency, including but not limited to any State or Territorial Attorney General’s office, any State 

or Territorial Department of Health, the Federal Trade Commission, or the U.S. Food and Drug 

Administration, relating to the design, advertising or marketing of the products. 

47. All documents relating to communications between you and any consumer 

relating to the design, advertising or marketing of the products. 

48. All documents relating to the prices charged by your competitors for cigarettes. 

49. All documents relating to any advertising or marketing done by your competitors 

for cigarettes. 

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50. All documents relating to any study or analysis performed by you, on your behalf, 

or by third parties relating to the advertising or marketing of the products. 

51. All documents, including but not limited to communications, studies, or analyses, 

relating to any price increase, price premium, or amount of money consumers are willing to pay 

for the products. 

52. Documents sufficient to identify each and every distributor, retailer, or other 

entity to whom you sold the products during the past six years, including the time period(s) 

during which you did so. 

53. Documents sufficient to identify, with respect to each brand/flavor of the 

products, during the past six years: (i) monthly unit sales; (ii) average wholesale price per unit; 

(iii) monthly gross sales; (iv) monthly net sales; (v) average retail price per unit; and (vi) 

monthly profits. 

54. All documents relating to communications about, regarding or concerning the 

American Spirits customer loyalty program, including but not limited to lists or databases of 

known customers, etc,. and all communications between you and SFNTC, including (as may 

apply depending upon the time frame of a given request), parent company (specifically including 

Reynolds American Inc.(“RAI”)) or between you and any third party relating to same. 

55. All documents relating to any form of communication by or with any supplier or 

other third party who provides, sells or in any way furnishes you or the co-defendant with 

anything used in the preparation, manufacture or sale of American Spirits, including, but not 

limited to, all ingredients, tobacco, filters, chemicals, menthol, etc.

 56. All documents relating to, pertaining to, produced in discovery, or otherwise 

concerning any communications regarding Juanell Davis and Wilson Eddie Davis v. Santa Fe 

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Natural Tobacco Company, Inc. and RJ Reynolds Tobacco Company, 99 –CV-00959 PJK-LCS 

(D.N.M. 1999). 

 57. Identify and produce all documents concerning or relating to any advertising, 

marketing, or promotional materials which were or are drafted, created, edited, or disseminated 

in the District of New Mexico and identify each employee, subsidiary, parent company, affiliate, 

or otherwise related corporate entity of Defendant RJRT which has or had any role or 

participation in said advertising and marketing. 

 58. Identify and produce any documents concerning or relating to each and every 

subsidiary, parent company, affiliate, or otherwise related corporate entity of Defendant RJRT 

whose products, goods or services are, directly or indirectly, provided to, marketed or sold in the 

District of New Mexico. 

 59. Identify and produce all documents related to or concerning communications by 

and between each and every employee, subsidiary, parent company, affiliate, or otherwise related 

corporate entity in New Mexico and outside of New Mexico. 

 60. Identify each document or other tangible thing that was once in your possession 

as of the date of the first filed action in this consolidated litigation which is/are no longer in your 

possession, custody, or control or cannot otherwise be produced regardless of the printed date. 

Identify the date said document or tangible thing went out of your possession, custody, or control 

and its current location. 

61. Identify all communications concerning any alleged “litigation hold” and/or 

“preservation order” you possess or possessed instructing persons to preserve documents or 

tangible things concerning the allegations in the first filed action in this consolidated litigation 

(upon receiving service in that action). Identify the exact date the alleged litigation hold was 

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issued, identify the persons to whom you allege it was furnished, and produce all documents 

related thereto. 

Dated: October 29, 2018 /s/Melissa S. Weiner 

 Melissa S. Weiner 

Pearson, Simon & Warshaw, LLP 

800 LaSalle Avenue, Suite 2150 

Minneapolis, MN 55402 

Telephone: (612) 389-0600 

Facsimile: (612) 389-0610 

mweiner@pswlaw.com

 Scott P. Schlesinger 

 Schlesinger Law Offices, P.A. 

 1212 SE 3rd Avenue 

 Fort Lauderdale, FL 33316 

 Telephone: (954) 467-8800 

 scott@schlesingerlaw.com

 

Counsel for Plaintiffs 

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