Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 212

MOTION to Compel filed by Fusion Garage PTE. LTD. Motion Hearing set for 10/18/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 9/23/2011. Replies due by 9/30/2011. (Attachments: # 1 Proposed Order, # 2 Request for Judicial Notice, # 3 Request for Judicial Notice, Ex. 1, # 4 Affidavit Sohn, # 5 Exhibit Sohn Ex. 1, # 6 Exhibit Sohn Ex. 2)(Pennypacker, Evette) (Filed on 9/9/2011)

SOHN
EXHIBIT 2

WRITER'S DIRECT DIAL NUMBER
[phone]
[e-mail]

January 7, 2011
VIA EMAIL
Joshua Sohn ([e-mail])
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Re:

Interserve, Inc. v. Fusion Garage Pte. Ltd., No. 09-5812 (N.D. Cal.)

Dear Josh:
I address the three unresolved items from our December 21, 2010 discussion that
you reference in your letter to me of the same date.
(1) Production Date. To produce the documents we agreed to produce in response
to the Third Set of Requests for Production that Fusion Garage served on October 22, 2010 -which largely concern interactions with AOL -- we will need to collect and review additional
documents, primarily because the AOL deal occurred after TechCrunch’s document productions
in this case. We anticipate being able to produce these documents in early March.
(2) AOL Acquisition Agreements. Our client cannot agree to produce these
agreements based on Fusion Garage’s current argument for relevance. It is not clear why the
agreements would relate to the need to join AOL as a plaintiff in this case. If you can tell us
more specifically what kind of information you are looking for in these agreements and its
relevance, we can take that explanation back to our client.

Joshua Sohn
January 7, 2011
Page 2

(3) Flextronics. Out client has authorized us to discuss designation of the Harde
and Kindle transcript designations with Flextronics and we will reach out to it.
Best regards,
/s/ Matthew A. Scherb
Matthew A. Scherb