City of Winter Haven v. Cleveland Indians Baseball Company Limited Partnership

Filing 416

Dennis Canty
From: Sent: To: Cc: Dupre, Andrew [[e-mail]] Monday, August 27, 2007 1:53 PM Dennis Canty McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Larry J. Gornick; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny; Jaffe, Jonathan RE: Search terms Text File

Subject:

I received the first draft of the report today (it is actually two reports, one for produced and one for unproduced documents). My first pass suggests it looks good, but obviously I need to conduct quality assurance. The estimated timeline on this was 7-10 days. Right now it does not look like we will have any trouble meeting that. Hope you all are wellAndrew S. Dupre, Esq. McCarter & English, LLP 405 North King Street 8th Floor Wilmington, Delaware 19801 Phone: [phone] Fax: [phone] -----Original Message----From: Dennis Canty [mailto:[e-mail]] Sent: Monday, August 27, 2007 4:41 PM To: Dupre, Andrew Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Larry J. Gornick; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny; Jaffe, Jonathan Subject: RE: Search terms Text File

Andrew ­ It has been a week. AstraZeneca has not provided the promised report, nor any indication of status. Please advise. Dennis J. Canty Levin Simes Kaiser & Gornick LLP 44 Montgomery Street, 36th Floor San Francisco, CA 94104 Tel: [phone]

From: Dupre, Andrew [mailto:[e-mail]] Sent: Monday, August 20, 2007 7:26 AM To: Dennis Canty; Jaffe, Jonathan Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Larry J. Gornick; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny Subject: RE: Search terms Text File Hello all:
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I can answer the first question immediately. For page counts etc. I will have to go the vendor. Quetiapine was searched as a single word, without stemming, case insensitive. Thus, in the search, it appears as quetiapine no quotes, asterixes, etc. DM was searched in several variations in an attempt to capture all of its possible abbreviations. If my memory serves, I believe Mr. Gornick may have suggested a few of these variations in the call we had approximately July 20. All of these searches were case insensitive, no stemming. dm d.m. dm. Note that the elimination of punctuation in the search made the third search redundant to the first. No harm was done in searching for both, however; it was simply extra work for us. Please note that these searches predated our agreement regarding running reports to indicated document counts. It is AstraZeneca's intention to simply produce all possibly relevant non-privileged documents that contain these terms, rather than list them on some report. In our other reports, these documents will appear as "produced" (using the revised meaning of the term that has been discussed ad nauseum by phone). These documents are either very close or already in the process of being produced. I will get more information on that point for Plaintiffs today. On a final note, I took dm and quetiapine off the final search term list because they had already been done. I see that Jonathan has added them on again in the list circulated Friday. That is fine with me if Plaintiffs really want them on there, but I respectfully suggest searching those terms again is a waste of time. My bestAndrew S. Dupre, Esq. McCarter & English, LLP 405 North King Street 8th Floor Wilmington, Delaware 19801 Phone: [phone] Fax: [phone] -----Original Message----From: Dennis Canty [mailto:[e-mail]] Sent: Friday, August 17, 2007 6:18 PM To: Jaffe, Jonathan; Dupre, Andrew Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Larry J. Gornick; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny Subject: RE: Search terms Text File

AstraZeneca has represented that the review and production process has begun for documents found using the "DM" and "quetiapine" terms. Plaintiffs request that AstraZeneca provide: a) the syntax used for that search; b) the number of documents and pages yielded by that search; b) an indication of when the review and production process will be complete; and d) and indication of how the documents found in that search will be represented on the agreed report (i.e., will they come up as produced, not produced, under review, how?). Thanks.
From: Jaffe, Jonathan [mailto:[e-mail]] Sent: Friday, August 17, 2007 2:52 PM To: Dupre, Andrew; Dennis Canty
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Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; Dennis Canty; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Larry J. Gornick; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny Subject: RE: Search terms Text File

Andrew, Here is the revised search term list. Please note that we have put the word REMOVED before all of the terms we replaced, and the word FIXED in front of the replacement terms. There were a few terms that were on our original list that were not present that we put with the word FIXED before. Please do not run with the words FIXED and REMOVED, these are intended just to make it easier for you to see our changes. If you have questions, please do not hesitate to contact me. Have a good weekend, Jonathan FIXED DM FIXED Quet* FIXED Quetiapine QUEST CAFE CLEARS COPE PRIZE REASSURE SPIN STACK STAGE REMOVED STORM REMOVED STORMS FIXED STORM* SURPASS SURPRISE BEST ^BEST DOC ^DOC CDSS EPS NMS SBT SQL SLT WG BOLDER CATIE QBAN FIXED Q BAN QUARTZ
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SPARCLE FIXED SPARKLE REMOVED PRINCESS FIXED PRINCES* DKA FBGC HG SQ FDA IR S REMOVED Diabetic* FIXED Diabet* FIXED Diabetic Hypoglyc* Manic* REMOVED Metabolic* FIXED Metabol* REMOVED Neuroleptic* Neurolept* Parkinson* REMOVED Prediabetic* FIXED Prediab* REMOVED Schizophrenic* FIXED Schizophren* FIXED Schizo* Serq* REMOVED Serequel* Serequel REMOVED Sroquel* Sroquel REMOVED Suroquel* Suroquel REMOVED Snorequel* Snorequel REMOVED Serowuel* Serowuel REMOVED Serpquel* Serpquel REMOVED Serouqel* Serouqel REMOVED Ceroquel* Ceroquel FIXED Seroguel REMOVED Anxiety* FIXED Anxiety Atypical* FIXED a typical* REMOVED Dementia* FIXED Dement* REMOVED Depression* FIXED Depress*
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Depression REMOVED Insomnia* FIXED Insomn* REMOVED Ketoacidosis* FIXED Ketoacidosis REMOVED Obesity* FIXED Obes* REMOVED Endocrinologist* REMOVED Endocrinology* FIXED Endocr* REMOVED Lipids* FIXED Lipid* REMOVED QT Interval FIXED QT Int* REMOVED Weight Change FIXED Weight .NEAR5. Change REMOVED Weight Loss FIXED Weight .NEAR5. Loss* REMOVED Weight Neutral FIXED Weight .NEAR5. Neutral REMOVED Weight Normalizing FIXED Weight .NEAR5. Normaliz* REMOVED Bipolar Execution Strategy Team FIXED Bipolar .NEAR5. Exec* .NEAR5. Strat* REMOVED Calgary Depression Scale for Schizophrenia FIXED Depress* .NEAR5. Scale .NEAR5. Schizo* REMOVED Insulin Dependent Diabetes Mellitus FIXED IDDM .OR. (Insulin .NEAR5. Depend* .NEAR5. Mel*) REMOVED Insulin Resistance FIXED Insulin .NEAR5. Resist* Partial Responders International Schizophrenia Quetiapine Experience with Safety Seroquel Brand Team FIXED Brand .NEAR5. Team Seroquel Leadership Team FIXED Leaders* .NEAR5. Team Seroquel Publications Information News FIXED Pub* .NEAR5. Info* .NEAR5. New* Seroquel Takes Olanzapine Risperdal Market Share FIXED Olanz* .NEAR5. Risp* .NEAR5. Mark* REMOVED Mood Disorder FIXED Mood Disord* REMOVED Second Generation FIXED (2nd .OR. Second) Gen* REMOVED Black Box FIXED Black Box .OR. BlackBox* REMOVED Case Study FIXED Case Stud* REMOVED Consensus Statement FIXED Consen* .NEAR5. Stateme* REMOVED Elevated Cholesterol Level FIXED Elevat* .NEAR5. Cholest* .NEAR5. (Level or Lvl)
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REMOVED Elevated Triglyceride Level FIXED Elevat* .NEAR5. (Trigly* or Trigli*) .NEAR5. (Level or Lvl) REMOVED Off Label FIXED Off Label .OR. OffLabel State Government Affairs FIXED (State or St) .NEAR5. (Government .OR. Gvt) .NEAR5. Affair* Anti psychotic .OR. Antipsychotic ASEC .OR. antipsychotic side effect checklist .OR. anti psychotic side effect checklist BPRS .OR. brief psychiatric rating scale REMOVED Direct to consumer .OR. DTC FIXED (Direct .NEAR5. Consumer) .OR. DTC REMOVED GAD .OR. generalized anxiety disorder .OR. general anxiety disorder FIXED GAD .OR. gen* anxiety disorder* REMOVED IDDM .OR. non insulin dependant diabetes mellitus FIXED NIDDM .OR. ((non insulin .OR. noninsulin) .NEAR5. depend* dia* mel*) REMOVED MADRS .OR. Montgomery Asberg FIXED MADRS .OR. (Montg* .NEAR5. Asber*) REMOVED SGA .OR. second generation antipsychotic .OR. second generation anti psychotic FIXED SGA YMRS .OR. young mania rating scale FGT .OR. fasting glucose test REMOVED Loss of balance .OR. loss of coordination FIXED (loss .NEAR5. balance) .OR. (loss .NEAR5. coord*) REMOVED MDD .OR. Major depressive disorder FIXED MDD .OR. (Maj* .NEAR5. depress* .NEAR5. disord*) REMOVED MDQ .OR. mood disorder questionnaire FIXED MDQ .OR. (mood .NEAR5. disorder* .NEAR5. quest*) REMOVED Neutropenia .OR. leukopenia FIXED Neutropen* .OR. leukopen* REMOVED OCD .OR. obsessive compulsive disorder FIXED OCD .OR. (obsess* .NEAR5. comp* .NEAR5. disorder*) REMOVED PANSS .OR. positive negative syndrome scale FIXED PANSS .OR. (pos* .NEAR5. neg* .NEAR5. syndrome*) REMOVED PTSD .OR. post traumatic stress disorder FIXED PTSD .OR. ((post traum* .OR. posttraum*) .NEAR5. stress .NEAR5. disorder*) REMOVED QDS .OR. quantitative decision science FIXED QDS .OR. (quant* .NEAR5. deci* .NEAR5. science) REMOVED Sleep .AND. (aid .OR. pill) FIXED sleep .AND. (aid* .OR. pill*) REMOVED TIMA .OR. Texas Implementation of Medication FIXED TIMA .OR. (Texas .OR. TX) .NEAR5. Impl* .NEAR5. Med* BMI .OR. body mass index CNS .OR. central nervous system REMOVED CVA .OR. core visual aid FIXED CVA .OR. core visual aid* REMOVED Dear Healthcare provider .OR. HCP .OR. Dear Doctor Letter .OR. DDL FIXED (Dear .NEAR5. Health* .NEAR5. Provider*) .OR. (Dear .NEAR5. Doctor .Letter) .OR. DDL REMOVED DOC .OR. department of corrections FIXED DOC .OR. Dep* .NEAR5. Correction* REMOVED KOL .OR. key opinion leader KOL .OR. key opinion leader* LTC .OR. long term care
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REMOVED MHLW .OR. ministry of health labour welfare FIXED MHLW .OR. (ministry .NEAR5. health .NEAR5. welfare) REMOVED OLE .OR. open label extension FIXED OLE .OR. open label extension* REMOVED SERM .OR. safety evaluation review meeting FIXED SERM .OR. safety .NEAR5. eval* .NEAR5. review .NEAR5. (meet* .OR. mtg*) REMOVED SWOT .OR. strength weakness opportunity threat FIXED SWOT .OR. (strength .NEAR5. weak* .NEAR5. opp* .NEAR5. threat*) FIXED Study .NEAR5. [NUMBERS TO BE INSERTED BY AZ] FIXED Trial .NEAR5. [NUMBERS TO BE INSERTED BY AZ] FIXED DMH .OR. (Dep* .NEAR5. Mental .NEAR5. Health)
From: Dupre, Andrew [mailto:[e-mail]] Sent: Friday, August 17, 2007 4:22 PM To: Jaffe, Jonathan; Canty, Dennis Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; Canty, Dennis; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny Subject: RE: Search terms Text File Refreshingly shorter response today: 1. ^ 2. Yes - punctuation eliminated for search purposes (discussed on phone Tuesday in context of hyphens). 3. Here is an example of a 5 word proximity search - generalized.NEAR5.anxiety.NEAR5.disorder. 4. No. 5. Yes. 6. Segregating out the non-stemmed terms eliminates the need for space term space. Searching for EPS instead of *EPS* will only return EPS and not Dr. Epstein. We therefore no longer need the more complicated space term space model. 7. Yes - same as 2. they count as spaces. this means you'll have to do two searches for your terms like antipsychotic and anti-psychotic.

Andrew S. Dupre, Esq. McCarter & English, LLP 405 North King Street 8th Floor Wilmington, Delaware 19801 Phone: [phone] Fax: [phone] -----Original Message----From: Jaffe, Jonathan [mailto:[e-mail]] Sent: Friday, August 17, 2007 12:49 PM To: Dupre, Andrew; Canty, Dennis Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J.; [e-mail]; Canty, Dennis; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; Pederson, Mike; Pennock, Paul; [e-mail]; Schultz, Laurie; Fernandez, Lenny Subject: RE: Search terms Text File

Andrew,
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Some questions to help us mark this up appropriately: 1) What's the syntax to specify case sensitive? Is it a ^ before the term? I want to make sure that's not specified for all the terms (I see some are in all CAPS on the list you sent), and we may throw in ^best as well just to shorten the back and forth expected on that. 2) If a word comes at the beginning of a paragraph or at the end of a sentence or followed by a comma, semicolon or quotation mark, are all those marks ignored? 3) How do we specify proximity or that we do not want to match only on a specific word order? 4) Is there a .NOT.? 5) If we specify `OR' instead of `.OR.' does that mean it would look for the literal term? 6) Earlier you had mentioned space word space as necessary to search the whole word. Some on this list have one space after them, like DOC, others have multiple, like the 4 spaces after weight loss, and most have no space before or after. Is this required? This question goes hand in hand with #2. 7) Can you confirm again that hyphens are ignored? Thanks, Jonathan Jaffe
From: Dupre, Andrew [mailto:[e-mail]] Sent: Friday, August 17, 2007 12:19 PM To: Jaffe, Jonathan; Canty, Dennis Cc: McConnell, Stephen; Winchester, Tony; Freebery, James J. Subject: Search terms Text File

Hello Jonathan: As promised , attached is the executable text file that could provide a query for the new search terms. Some caveats: 1. This is based on the list that Plaintiffs gave us. To the extent Plaintiffs wish to change that list, you will have to edit this file. For example, we discussed that Plaintiffs actually want to stem on roots and to use proximity searches. We have agreed that it will be Plaintiffs' responsibility to tell us what they really want. 2. I expect this file will have to be heavily adjusted once Plaintiffs make those decisions. We are willing to work with you to do so. 3. We are looking at approximately a week long process to do the search. Delays on finalizing this file will mean delays on having the agreed report in Plaintiffs' hands. Hope you are well<<Search_3_ver_3.txt>> Andrew S. Dupre, Esq. McCarter & English, LLP 405 North King Street 8th Floor Wilmington, Delaware 19801 Phone: [phone] Fax: [phone]

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