J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 30

DECLARATION of Bonnie L. Jarrett in Opposition re: 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney.. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cendali, Dale)

EXHIBIT A
Nicole R. German

manatt

Manall, Phelps & Phillips, LLP
Direct Dial: [phone]
E-mail: [e-mail]

manalt I phelps I phillips

Clienl.Matter. 40229-060

March 22, 2012
VIA EMAIL
Dale Cendali, Esq.
Kirkland & Ellis LLP
601 Lexington Avenue
New York, New York 10022

Rc:

J; T. Colby & Company, Illc. et at v. Apple,

[IIC.,

Case No. lJ-cv-4060

Dear Dale:
In accordance with Judge Forrest's February 27, 2012 order, Plainlitls' will produce the
hard drive belonging to John Colby and J.T. Colby and Company (the "Hard Drive") on March
23,2012. To protect Plaintiffs' interests in protecting the confidentiality and privilege of the
information contained on the Hard Drive we ask that Apple agree to the following conditions
prior to receiving the I-lard Drive.
First, the production of the Hard Drive shall not be deemed a waiver of Plaintiffs'
attorney-client privilege, work-product protection, or any other applicable privilege. When
processing the Hard Drive, Apple should have its e-discovery vendor run searches for potentially
privileged documents using the following names and terms: ManaU, Phelps and Phillips, ManaU,
Alston and Bird, Alston, Bird, Bennet Ashley, Thomas Morrison, Kimo Peluso, Aydin Cllginalp,
Dean Zipser, Carole Reagan, Nirav Shllh, Amy Sheehan and Nicole German. At Apple's request
counsel for Plaintiffs will review any or all excluded documents and produce responsive, nonprivileged documents from that group. lfany privileged documents are processed or reviewed
despite these safeguards, such disclosure will constitute un inadvcrtent production as described in
Paragraph 14 of the Protective Order Regarding the Disclosure and Use of Discovery Materials
("Protectivc Order.") Accordingly, if Apple encounters any documents they believe lo be
privileged, they shall turn those documents over and agree to destroy such documents at
plaintiffs' request.
Second, ull infonnation contained on the Hard Drive will be classified as Attorneys' Eyes
Only in accordance with Paragraph 9 of the Protective Order. Should Apple wish to contest the
classification of any information as Attorneys' Eyes Only, Apple should follow the procedure for
such objections set forth in Paragraph II of the Protective Order.
Please confirm thullhese terms arc acceptable. Once we have received confirmation we
will proceed with delivering the Hard Drive.
Sincerely,

vt\~-K~~
Nicole R. Gennan

7 Times Square, New York, New York 10036 Telophone: 212.790.4500 Fax: [phone]
Albany I Los Angeles I New York I Orange County [ Palo Alto I Sacramento I San Francisco I Washington, D.C.