Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 92

REPLY to Response re 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment [CORRECTED REPLY BRIEF REPLACING DOC. NO. 80] filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Richard Busch, # 3 Exhibit 1A - Excerpts of Blair Deposition, # 4 Exhibit 1B - Plaintiffs' Emails to Defendants, # 5 Exhibit 1C - Defendants' Reply to Emails from Plaintiffs, # 6 Exhibit 2 - Declaration of Howard Hertz) (Busch, Richard)

DECLARATION OF RICHARD S. BUSCH IN SUPPORT OF PLAINTIFFS' MOTION TO EXCLUDE LATE PRODUCED DOCUMENTS

EXHIBIT 1-B: Emails from plaintiffs to defendants

Case No. 2:07-cv-13164: Eight Mile Style, LLC, et al. v. Apple Computer Inc., et al.

none

Marc Guilford
From: Sent: To: Cc: Marc Guilford Friday, May 30, 2008 7:24 PM Pomerantz, Glenn; 'LeMoine, Melinda'; Encinas, Kimberly Richard Busch; Ramona DeSalvo; [e-mail]

Subject: Eight Mile Style v. Apple -- subject matter of potential Ostroff testimony Glenn, Richard has asked you to advise us what subject matters you may call Mr. Ostroff to testify concerning. Rule 26 (a)(1)(A)(i) requires each party to provide the subjects of information that any individual the disclosing party may use to support its claims or defenses has knowledge of. Whatever defendants' view regarding their obligation to provide initial disclosures, plaintiffs firmly believe defendants have a continuing obligation in this manner. Further, the representations plaintiffs have made concerning who we will or will not call as witnesses at trial may be affected by the subject matters Mr. Osteroff may testify concerning, as well as by the substance of his knowledge. Thank you,

Marc R. Guilford King & Ballow 315 Union Street, Suite 1100 Nashville, TN 37201 Phone: [phone] Fax: [phone]

10/1/2008