Gordon v. DreamWorks Animation SKG, Inc. et al

Filing 40

AFFIDAVIT in Opposition re 39 Opposition to Motion for Protective Order and Sanctions. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shope, John)

Fish & Richardson p.c.
VIA ELECTRONIC MAIL
Frederick P. Fish
1855-1930
W.K. Richardson
1859-1951

601 Lexington Avenue,
52nd Floor
New York, New York
10022

August 30, 2011

Telephone
212 765-5070

John A. Shope, Esq.
Foley Hoag LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02110-2600

Facsimile
212 258-2291

Re:

Web Site
www.fr.com

Jayme Gordon v. DreamWorks Animation SKG, Inc., et al.,
USDC, D. Mass. C.A. No. 1:11-cv-10255-JLT

Dear John,

~
at lan ta
aus ti n
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da lla s
de l aw are

This letter responds to your letter dated August 18, 2011.
First, Mr. Gordon maintains three active e-mail accounts, namely
[e-mail], [e-mail], and [e-mail]. We
have reviewed these accounts and confirm that there are no e-mails in these accounts
that are relevant to this litigation with the exception of privileged communications
between Mr. Gordon and his counsel. We expect that the parties will agree on a time
to exchange privilege logs during the course of this litigation.

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so ut he r n c al i f orn ia
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Second, you asked specifically about any documents regarding Mr. Gordon’s
knowledge of the “Kung Fu Panda” film before its release and whether any electronic
records evidencing such knowledge might exist. After further investigation, we can
confirm that all documents relating to Mr. Gordon’s knowledge of the “Kung Fu
Panda” film have been produced and that Mr. Gordon does not have any additional
documentation relevant to this inquiry, electronic or otherwise. It is our present
understanding that Mr. Gordon viewed a trailer for the “Kung Fu Panda” film before
filing his 2008 copyright registration. Mr. Gordon used a computer in 2008 to
prepare his 2008 copyright filing. That computer later stopped functioning and was
discarded. To the best of his recollection, Mr. Gordon did not save these files.
Very truly yours,
s/Kristen McCallion
cc:
Julia Huston, Esq. (by email)
David A. Kluft, Esq. (by email)
Jonathan Zavin, Esq. (by email)
David Grossman, Esq. (by email)
Mark A. Fischer, Esq. (by email)