Sony Computer Entertainment America LLC v. Hotz et al

Filing 94

Letter from [Joint] Plaintiff SCEA and Defendant George Hotz re Proposed Order for March 10, 2011 Hearing. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit A)(Smith, Mehrnaz) (Filed on 3/14/2011)

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Sony Computer Entertainment America LLC v. Hotz et al Doc. 94 Att. 7 EXHIBIT 7 Dockets.Justia.com Page 1 of 4 Gaudreau, Holly From: Gaudreau, Holly Sent: Monday, March 14,20111:58 PM To: 'Stewart Kellar'; 'Jack C. Praetzellis' Cc: Boroumand Smith, Mehrnaz Subject: RE: Scheduling a time to M&C re: Proposed Order Dear Stewart and Jack, Vi/c;'e reviewed your letter. We do not believe there is a need to seek a two day extension from the Court in submitting a proposed order as it is clear from the parties' multiple exchanges of correspondence that we are at an impasse. SCEA's proposed order accurately reflects the Court's orders during the March 10, 2011 hearing. It also allows for the additional meet and confer -- on the impoundment protocol for the search for information related to the circumvention and the protocol for the search for jurisdictional discovery -- as ordered by the Court. Involving TIG in such a meet and confer is necessary to ensure that these tasks will be properly implemented. It is clear that you disagree. Consequently, we plan on submittng our proposed order to the Court with a joint letter explaining that the parties could not agree on the substance or the form of the order. Please provide us your inserts to the letter and your proposed order by 4:00 p.m. today. This will provide the Court with an understanding of our disagreement. Judge Spero can then issue his order based on his rulings at the hearing. Thanks. Holly Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor I Two Embarcadero Center! San Francisco, CA 94111 office 415 273 4324 I fax 415 354 3443 hgaudreaurgkilpatricktownsend.com I My Profile I VCard From: Stewart Kellar (mailto:stewart(getrny.com) Sent: Monday, March 14, 2011 12:48 PM To: Boroumand Smith, Mehrnaz , Cc: Gaudreau, Holly; Jack C. Praetzellis Subject: Re: Scheduling a time to M&C re: Proposed Order Hello Holly and Mehmaz, Please find the attached letter re: the proposed order, thank you. Stewart Kellar E-ttomey at LawTM 148 Townsend S1. Ste. 2 San Francisco, CA 94107 (415) 742-2303 steW3rt($etrny.(;Qil V1,ettQileY_3llg:l___(;Qm 3/14/2011 Page 2 of 4 The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly you think that you have received this email message in error, prohibited. If please notify the sender by reply email and delete the message and any attachments. On Fri, Mar 11,2011 at 12:45 PM, Boroumand Smith, Mehmaz -cilbQJ:Qllinal1clrfkilp3tric;ktowl1SeI1cl.com? wrote: Stewart -- Attached is a draft of the proposed order. I did not include the language about the third party subpoenas issued pursuant to Judge Spero's March 3. 2011 order because he issued his own order about that yesterday. Also, you will see that there is one section that is highlighted and in brackets regarding how we address the "information related to the circumvention of the TPMs in the PS3 System." That language was not ordered by the Court yesterday, although the court did indicate that TIG would be best suited for determining how to address this issue. To that end, we would propose that the parties work with TIG to come up with a protocol to be submitted by the middle of next week. The draft reflects that proposal. Please provide your edits/comments in red line format. Thanks, Mehrnaz Mehrnaz Boroumand Smith Kilpatrick Townsend & Stockton LLP Eighth Floor i Two Embarcadero Center I San Francisco, CA 94111 office 415 2737559 I fax 4157237205 mboroumand(gkilpatricktownsend.com ! My Profile I VCard From: Boroumand Smith, Mehrnaz sent: Thursday, March 10, 2011 7:01 PM To: Stewart Kellar Cc: Boroumand Smith, Mehrnaz; Gaudreau, Holly; Jack C. Praetzellis Subject: Re: Scheduling a time to M&C re: Proposed Order Hi Stewart, I made some progress on the draft after our call this afternoon and should be able to get the it to you by noon tomorrow or so thereafter. Mehmaz Sent from my iPhone On Mar 10,2011, at 6:18 PM, "Stewart Kellar" -csleWftrt($elIIy.c;Qil? wrote: Hello Mehrnaz and Holly, Further to our conversation this afternoon. We would like to have a draft of Judge 3/14/2011 Page 3 of 4 Spero's Order to review by noon tomorrow, Friday March 11,2011. We will then have our edits in to you tomorrow as well. Then we can do further relays of proposed changes over the weekend and have a final version ready well before close of business on Monday. Thank you. Stewart Kellar E-ttorney at LawTM 148 Townsend S1. Ste. 2 San Francisco, CA 94107 (415) 742-2303 stewa_rt~_etrr1Y&Qm ww.ettQJJ1~yatlflW&Qil The information contained in this email message may be privileged, you are not the intended confidential and protected from disclosure. If recipient, any dissemination, distribution or copying is strictly you think that you have received this email message in error, prohibited. If please notify the sender by reply email and delete the message and any attachments. On Thu, Mar 10,2011 at 3:10 PM, Stewart Kellar -cstewart($etrny.com? wrote: Hello Jim, Mehmaz, and Holly, I am writing to follow up on a message I left for each of you seeking to schedule a time to meet and confer regarding Judge Spero's Order. We want to meet tomorrow to that Order. We have scheduled a conference room at MBV Law discuss the terms of for 1 lam tomorrow, March 11,2011. Please confirm you can make that time. We look forward to discussing the Order at that time. Sincerely, Stewart Kellar E-ttorney at LawTM 148 Townsend S1. Ste. 2 San Francisco, CA 94107 (415) 742-2303 stewaIi($.etmy,Qil wWW,eltQrneY.al1aW&Qil The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email and delete the message and any attachments. 3/14/2011 Page 4 of 4 Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at 4048156500, and destroy the original transmission and its attachments without reading or saving in any manner. ***DISCLAIMER*** Per Treasury Department Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 3/14/2011

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