Ellerbrock Family Trust, LLC v. McGladrey & Pullen, LLP

Filing 95

Ellerbrock Family Trust, LLC v. McGladrey & Pullen, LLP

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Doc. 95

500 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MN 55402-3796

LAURIE A. KNOCKE
ATTORNEY
DIRECT DIAL: 612.632.3218
DIRECT

MAIN: 612.632.3000 FAX: [phone]

FAX: [phone]

LAURIE. KNOCKE(iGPMLA W .COM

October 31, 2006

The Honorable Michael J. Davis Judge of United States District Court United States District Court 300 South Fourth Street, Suite 202 Minneapolis, MN 55415
Re: Verne A. Hall, et at. v. Best Buy Co., Inc., et at.

Via ECF and Hand Delivery

Civil File No. 04-4812 MJD/AJB
Dear Judge Davis:
Plaintiffs submit this letter and the enclosed charts in response to paragraph 2 of

the Court's

Order of October 26, 2006, which directed that we provide a chart indicating where to find the affidavits, declarations and exhibits cited in Plaintiffs' memoranda in opposition to Defendants' motions for summary judgment.

In order to limit duplication of evidence in the record, Plaintiffs elected not to re-submit with their opposition memoranda deposition transcripts previously filed in full by Best Buy. As a result, where Plaintiffs cite to deposition testimony that was previously fied by Best Buy, that testimony is cited by referrng to the name of the declaration submitted by Best Buy to which the testimony was attached as an exhibit. For example, the deposition of Bradbury Anderson was submitted in full as Exhibit 100 to the Declaration of Kelly K. Pierce in Support of Defendants' Motion for Summary Judgment Dismissing Plaintiffs' Pattern and Practice Claims. We cited to
Mr. Anderson's deposition as follows: "Pierce Decl, Ex. 100 (Anderson Dep.) at _."

Plaintiffs also sought to limit the duplication of exhibits submitted to the Court. Consequently, with a few limited exceptions, all documentary evidence submitted by Plaintiffs in opposition to Best Buy's various motions are attached as exhibits to the Affdavit of Ronda S. Hagglund in Plaintiffs' Opposition Memoranda to Defendants' Motions for Summary Judgment. Support of Ms. Hagglund's affdavit supports all of Plaintiffs' opposition memoranda. References to exhibits to the Hagglund affdavit are generally identified in the following format: "Hagglund

Aff. Ex. at "

The enclosed charts identify the affdavits and declarations cited in each of the opposition memoranda submitted by Plaintiffs, their docket number, and the abbreviated reference. Where a reference is made to a declaration filed by Defendants, the chart first identifies the motion with which the declaration was submitted.

GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
A FULL-SERVICE LAW FIRM

MINNEAPOLIS, MN . ST. CLOUD, MN . WASHINGTON, DC
WWW.GPMLAW.COM

Dockets.Justia.com

The Honorable Michael J. Davis October 31, 2006
Page 2

We apologize for any confusion and hope this explanation and the enclosed charts are helpfuL. Please let us know if anything further is needed. Very truly yours,
GRAY, PLANT, MOOTY, BENNTT, P.A. MOOTY &

ckKn~~
LAK:sam

Enclosures
cc: Janet C. Evans, Esq. (w/encs. via ECF)

Wood R. Foster, Jr., Esq. (w/encs. via ECF) David L. Shulman, Esq. (w/encs. via ECF)
GP:2020670 vI