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 C
Jarrett, Bonnie L.
Gottesman, Sarah [[e-mail]] on behalf of Morrison, Thomas
[[e-mail]]
Wednesday, March 28, 2012 3:08 PM
Cendali, Dale; Ray, Claudia; Jarrett, Bonnie L.
Morrison, Thomas
J.T. Colby v. Apple
Letter dated 3·28-12 to D. Cendali.pdf

From:
Sent:
To:

Cc:
Subject:
Attachments:

Sarah Gottesman
Secretary to Ronald C. Blum. Thomas C. Morrison.
Elizabeth K. Murray. Lone E. Lupbin and Anthony J. Staltan
Manatt. Phelps & Phillips. LLP
7 Times Square
New Vorb, NY T0036
212830.n19
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th«n Of KI'J'flU them to dilIt.

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IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Departmem of the Treasury, we infonn you that
allY U.S. tax advice containcd in this communication (including any attachments) is not intended or written by !he practitioner to be
used, and that it cannot bc used by allY taxpayer, for the purpose of 0) avoiding pcnalties that may be imposed on thc Taxpayer, and (ii)
supporting the promotion or markcting of any transactions or matters addressed herein. For information about this legcnd, go to
lillr://www.lIlanatt.com/Expert isc.aspx?id=4870

Thomas C. Morrison
Manalt, Phelps & Phinips, LlP
Direct Dial: (212) 79()..4515
E-mail: [e-mail]

manatt
manalt I phelps 1~

Clicill-Maltcr; 40229.060

(vIareh 28, 2012
IlY E-MAIL
Dale Ccndali, Esq.
Kirkland & Ellis LLP
601 Lexington Avenue
New York, New York 10022

Rc:

J. T. Colby & Company, f"e. et al v. Apple, lltc., Case No. II-cv-4060

Dear Dale:
Regarding your Iclter of March 26th and our client's hard drive.
First of all, it docs contain materials relating to all of Mr. Colby's companies, not just J.T.
Colby & Company.

Second, you can send us an invoice but it will not be paid. It was completely clear from
our conference with Judge Forrest that, by March 23rd, we were to either (I) notify you that we
have placed the hard drive in the hands of an e-vcndor who would, at our expense, unload the
relevant data for production to you; or (2) tum the hard drive over to Apple which could then
undertake the "burden" of extracting the relevant infonnation (see Tr. at pp. 7 and 36). Because
we did not have funds in place to retain an e-vendor by March 23 rd , we gave you the hard drive.
I realize lhat you would like to pressure Mr. Colby to drop the litigation by imposing financial
burdens on him thal he cannot sustain, but lhat was not the deal.
On a related issue, you should be embarrassed by your pathetic Court-ordercd "document
production" of March th. While we produced over 2,600 pages of documents, and turned over
our client's hard drive containing his records for all of his publishing entities, you merely gave
us (I) [l handful of publicly available press releases; (2) my correspondence with Mr. LaPerle
and Mr. Gunderson re settlement together with the draft complaint I sent to them; and (3) PTO
files that are publicly available and easily downloaded via the internet. In light of your constant

7 TimcsSquaro, New Yori<., NewYori<. 10036 Telephono: 212.790.4500 Fax: [phone]

Albany

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Los Angeles

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New York

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Orange County I Palo Alto

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Sacramento I San FrancIsco

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Washington, D.C.

manatt

m!lnatll philips I phillips

Dale Cendali, Esq.
March 28, 2012
Page 2
demands that we produce documents, respond to interrogatories, participate in depositions and
open our client's office for two inspections your failure to provide us with a good faith document
production is abusive.
Finally, we are unavailable to participate in the Shelter Island inspection next week.
Once you have madc a good faith production of Apple's documents, either we or OUf successor
, will contact you to reschedule the visit.
Very truly yours,

Thomas C. Morrison
200JII510.1