Gordon v. DreamWorks Animation SKG, Inc. et al

Filing 34

Emergency MOTION for Protective Order and Sanctions by Jayme Gordon. (Attachments: # 1 Affidavit McCallion declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F-Notice of filing with Clerk's office)(Madera, Gregory)

EXHIBIT D

J ONAnl AH ZAViN

Partner
J.4S Pa rk Aven ue

New York, NY 10154

DIrect
M"in
Fax

212.407.4161
212.407.4000
21 2.658.9105

[e-mail]

Via E-mail
October 17, 2011
Gregory A. Madera
Principal
Fish & Richardson p.e.
One Marina Park Drive
Boston, Massachusetts 02210-1 878
Re:

Gordon v. DreamWorks Animation SKG

Dear Mr. Madera:
This is in response to your letter to me of today's date, that was e-mailed to me withIn the last
hour, regarding the investigation of Mr. Gordon, and Mr. Gordon's deposition, scheduled for two
days from now, Wednesday, October 19.
I do not take lightly statements that I make to opposing counsel, and I personally resent your
statement that my statement in my leUer to you regarding the intent of the investigation of Mr.
Gordon is ~ simp ly not true : To the contrary, the only purpose of any investigation of Mr.
Gordon was in con nection with the current litig ation. Mr. Gordon has greatly exaggerated the
extent of the investigation , and to the best of my knowledge , nothing in this investigation was
improperly done or illegal. We disagree with your statement of the facts of this investigation.
Further, I understand that surveillance of Mr. G ordon or conversations with Mr. Gordon's
neig hbors ended on before October 2, 2011, and there is no present intention to do any further
surveillance or discussions with neighbors. You are of course free to bring anything you want to
the attention of the court, and we will respond accordingly.
This brings us what appears to be the real purpose of your leiter, which is to refuse to produce
Mr. Gordon for his properly noticed deposition. This deposition was noticed on August 17 for
September 22. Despite the fact that you have eight counsel of record on this maHer, you
informed us that the earliest that you were available to defend this deposition was Wednesd ay.
October 19. At your request, therefore, the deposition was adjoumed to that date, more than
two months after it was noticed. You have now told us that Mr. Gordon will refuse to appear for
his deposition on that date, for a reason that has absolutely nothing to do with his deposition.
Whatever you may think about the propriety of investigating a claimant in a litigation, it has
nothing to do with whether that claimant must appear for his deposition .
We have people scheduled to fl y to Boston from Los Angeles in a few hours in connection with
Mr. Gordon's deposition. Unless you confirm to me by no later than 5 pm EST that Mr. Gordon
will appear for his deposition as noticed and agreed , we will cancel these flights and ask the

I..osAngelH

NewYori<

Chicago

N;utMlle

Wuhington , DC

Beijing www.~.torn

NY982161.1
216322-1 0002

Gregory A . Madera

October 17. 2011
Page 2

Court for sanctions in connection with his non-appearance. including but not limited to the
dismissal of the plaintiffs case for failure to appear for his deposition, and the reimbursement of
any costs incurred with res pect to the cancelled deposition.
truly,

in

cc;

Julia Huston
Juanita Brooks

NY98216 1. 1
216322-10002