Opinion

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

POWER BUYING DEALERS USA, INC., a )

Delaware corporation, )

) Case No. 1:21-cv-3154

Plaintiffs, )

) Judge Sharon J. Coleman

V. )

) Magistrate Judge Jeffrey T. Gilbert

JUUL LABS, INC., a Delaware corporation, and )

HS WHOLESALE, LIMITED, an Illinois corporation,)

)

Defendants. )

)

)

DEFENDANTS JUUL LABS INC.’S AND HS WHOLESALE

LIMITED’S JOINT MOTION FOR ENTRY OF RULE 58

JUDGMENT PURSUANT TO APPELLATE COURT’S JUNE 2, 2026 ORDER

Pursuant to Federal Rule of Civil Procedure 58(d), and the June 2, 2026 Order issued by

the Seventh Circuit Court of Appeals (attached hereto as Exhibit A), Defendants Juul Labs, Inc.

(“JLI”) and HS Wholesale, Limited (“HSW”) jointly move this Court for entry of judgment

following this Court’s denial of Plaintiff Power Buying Dealers USA, Inc’s (“PBD”) third Motion

to Reconsider. (See Dkt. #304). In support of their Motion, Defendants state as follows:

1. Following the Court’s May 5, 2026 denial of PBD’s third Motion to Reconsider

(Dkt. #304), PBD appealed to the Seventh Circuit Court of Appeals. (See Dkt. #306).

Subsequently, on June 2, 2026, the Seventh Circuit entered an Order stating:

A preliminary review of the short record suggests that the district court has not

entered a final judgment under Rule 58 of the Federal Rules of Civil Procedure,

after it vacated its previous, June 4, 2025, judgment on February 27, 2026. After a

district court grants a post-judgment motion and vacates its judgment, it should

enter any new judgment on a separate document. See Emps. Ins. of Wausau v. Titan

Int’l, Inc., 400 F.3d 486, 489 (7th Cir. 2005). Accordingly,

IT IS ORDERED that both appellant and appellees each shall file, on or before

June 9, 2026, a statement advising the court whether they will request in the district

court that a new judgment be set out in a separate document. See Fed. R. Civ. P.

58(d).

(Ex. A) (emphasis in original).

2. Accordingly, on June 9, 2026, Defendants filed a statement with the Seventh Circuit

advising that they intended to seek entry of a new, separate Rule 58(d) judgment from this Court.

(See Ex. B).

3. While Defendants believe the procedural posture of this case resulting from the

Court’s rulings is correct and that the judgment of June 4, 2025 is properly entered, in an abundance

of caution and to avoid confusion with the Seventh Circuit for the reasons stated by the appellate

court, Defendants now move this Court for entry of a new, separate Rule 58(d) judgment.

4. Because the Court previously indicated that it “[stood] by its previous rulings” (Dkt.

#304) and “affirm[ed] its previous decision, dismissing the Complaint with prejudice,” the new

Rule 58 judgment should be substantively identical to the judgment entered on June 4, 2025,

including the award of costs to Defendants. (Dkt. #271).

5. On June 9, 2026, PBD also filed a Request to this Court seeking “that the Court

enter a final judgment under Rule 58(e) after it vacated its previous June 4, 2025 judgment on

February 27, 2026.” (Dkt. #314 at 2).

6. In addition, on June 9, 2026, PBD file an appellate statement advising the Seventh

Circuit had it had “filed with the District Court a request for it to enter a final judgment under Rule

58(e).” (Ex. B at 1).

7. Thereafter, Defendants requested whether PBD consented to this Motion. PBD

stated it would not consent to the Motion.

WHEREFORE, for the foregoing reasons, JLI and HSW respectfully request that the Court

enter a new judgment in their favor under Rule 58(d), substantively identical to the Court’s June

4, 2025 judgment.

Dated: June 10, 2026

Juul Labs, Inc. HS Wholesale, Limited

By: /s/ Lauren M. Loew By: /s/ Michael A. Jacobson

Lauren M. Loew Kirsten R. Dedrickson Michael A. Jacobson

Mason D. Roberts Foley & Lardner LLP James A. Morsch

Foley & Lardner LLP 150 E. Gilman St., Suite 5000 Saul Ewing LLP

321 N. Clark St., Suite Madison, WI 53703 161 N. Clark St., Suite 4200

3000 (608) 258-4282 Chicago, IL 60601

Chicago, IL 60654 kirsten.dedrickson@foley.com michael.jacobson@saul.com

(312) 832-4500 jim.morsch@saul.com

lloew@foley.com

mroberts@foley.com Attorneys for Juul Labs, Inc. Attorneys for HS Wholesale, Limited

CERTIFICATE OF SERVICE

I certify that on June 10, 2026, I caused the foregoing document to be filed with the Clerk

of the Court using the CM/ECF system for the District Court of the Northern District of Illinois,

which will send an electronic copy of the foregoing to counsel of record and constitutes service

pursuant to Local Rule 5.9 of the Northern District of Illinois.

/s/ Mason D. Roberts

Mason D. Roberts