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 E
Jarrett, Bonnie L.
From:

Sent:
To:
Cc:
Subject:

Morrison, Thomas [[e-mail]]
Monday, March 19, 2012 5:34 PM
Cendali, Dale
Jarrett, Bonnie L.; Ray, Claudia
RE: Colby v. Apple Inc: Inspection of Premises

I apologize if my remark seemed to imply a gender issue. That was not my intention. 1 was referring 10 the somewhat
nasty tone of some of our exchanges - and similar exchanges that seem to occur in virtually every case nowadays,
I will get back to you with some dates for Shelter Island. Not sure about the NYC apartment - what of relevance do you
expect to find in an apartment that no longer contains a business office?
Finally, so that we are not subsequently accused of misleading you or withholding information: Mr. Colby's basement
warehouse is not the sale repository of his books. A distributor (NBN) still has a collection of print tilles while a second
distributor (Lightning Source) has a "warehouse" of all of his e-titles. Mr. Colby can, of course, give you more details
when you take his deposition.
Regards, Tom

From: Cendali, Dale [mailto:[e-mail]]

Sent: Monday, March 19, 2012 5: 12 PM
To: Morrison, Thomas
Cc: Jarrett, Bonnie L.; Ray, Claudia
Subject: RE: Colby v. Apple Inc: Inspection of Premises
My email was hardly "emotional" and I frankly resent that insinuation as it is often leveled by male attorneys against
female attorneys for no good reason. It is your associate who accused us of being discourteous that prompted my
response that I stand behind.
None this is productive, however. In terms of substance, I think we will want to inspect both his Manhattan and Shelter
Island addresses and see what is there. I am not aware of your initial disclosures saying anything about documents
being kept somewhere on Shelter Island. I look forward to getting dates for both inspections ASAP.
Best,
Dale
From: Morrison, Thomas [mailto:[e-mail]]
Sent: Monday, March 19, 2012 12:49 PM
To: Cendali, Dale
Subject: RE: Colby v. Apple Inc: Inspection of Premises
Hello DaleThere is no need for emotion on this matter.
Our offer to allow you to inspect Mr. Colby's basement warehouse stands. Alas, that facility is at his home on Shelter
Island. In reviewing the transcript of the conference, I see that I did not specify thatlocalion. We were perplexed by your
notice re the New York City apartment, but now assume you chose that as it was where you believed the books to be.
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Although Mr. Colby still maintains an apartment there, his Brick Tower office is no longer at that address but is at his
Sheller Island home. Assuming that Shelter Island is where you wish to visit, I will shortly provide you with some potentia)
dates; if new counsel is in place, they will participate and if the substitution is not yet final, I will have one of our attorneys
participate.
Regards, Tom

From: Cendali, Dale [mailto:[e-mail]]
Sent: Friday, March 16, 2012 4:S6 PM
To: Shah, Nirav; Jarrett, Bonnie L.; Morrison, Thomas; Peluso, Kimo; German, Nicole; Sheehan, Amy
Cc: Ray, Claudia
Subject: RE: Colby v, Apple Inc: Inspection of Premises
Dear Nirav,
We are surprised and disappointed by your message. As you may recall from the February 27 status conference, Mr.
Morrison invited us to Mr. Colby's basement warehouse, stating: "They can come to Mr. Colby's house, go to his
basement. We have thousands of ibooks that they can look at." Judge Forrest then pointed out that we would want to
take pictures of that warehouse. We provided you with 12 days' notice of the time for the inspection, which is more
than ample, and not once did you tell us that the date was unacceptable. In fact, had Ms. Jarrett not sent her confirming
e-mail out of an abundance of caution, we would have shown up on Monday. For you to now accuse Ms. Jarrett of
being discourteous is wholly improper. It is your firm which is being discourteous in not telling us sooner that you would
not permit the inspection to proceed when scheduled. Furthermore, for such a criticism to come from someone who
gratuitously served a motion on late Friday afternoon, one day before New Year's Eve, rings particularly hollow.
Putting all this aside, the important thing is to move forward with discovery, as the Court instructed. If Monday does not
work for you, what date does? We are also free on Tuesday. Please also note that we expect Mr. Colby's facility to be
unchanged from the time of the status conference.
I look forward to hearing from you soon.
Dale

From: Shah, Nirav [mailto:[e-mail]]
Sent: Friday, March 16, 2012 4:16 PM
To: Jarrett, Bonnie L.; Morrison, Thomas; Peluso, Kimo; German, Nicole; Sheehan, Amy
Cc: Cendali, Dale; Ray, Claudia
Subject: RE: Colby v. Apple Inc: Inspection of Premises
Bonnie,
As I am sure you recognize, providing twelve days notice for an inspection of our client's premises by Apple's team of
lawyers is neither courteous nor sufficient under the Federal Rules. We intend to formally respond to this request at the
appropriate time, but for now, please be advised that you will not be permitted entry onto the referenced premises this
Monday. Thank you.
Best,
Nirav

From: Jarrett, Bonnie L. [mailto:[e-mail]]
Sent: Friday, March 16, 2012 10:4S AM
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To: Morrison, Thomas; Peluso, Kimo; Shah, Nirav; German, Nicole; Sheehan, Amy
Cc: Cendali, Dale; Ray, Claudia
Subject: Colby v. Apple Inc: Inspection of Premises
Dear Counsel:
I am writing to confirm that, pursuant to the Notice of Inspection dated March 7, 2012 we will be inspecting Plaintiffs'
premises located at 1230 Park Avenue, New York, NY at 9:30 AM on Monday, March 19.
Thank you,
Bonnie

Bonnie l. Jarrett
Kirkland & Ellis lLP
601 lexington Avenue New York, NY 10022
TEL [phone] FAX [phone]
[e-mail]

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The information contained in this communication is
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the use of the addressee. It is the property of
Kirkland & Ellis LLP or Kirkland & Ellis International LLP.
Unauthorized use, disclosure or copying of this
communication or any part thereof is strictly prohibited
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IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Departlllelll ofille Treasury, we infonn you that
any U.S. tax advice contained in this communication (including any attachments) is not intended or written by the practitioner to be
used, and that it cannot be used by any taxpayer, for the pUipose of (i) avoiding penalties that may be imposed on the taxpayer, and (ii)
supporting the promotion or marketing of any transactions or mailers addressed herein. For infonnation about this legend, go to
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The information contained in this communication is
confidential, may be attorney-client privileged, may
constitute inside information, and is intended only for
the use of the addressee. It is the property of
Kirkland & Ellis LLP or Kirkland & Ellis International LLP.
Unauthorized use, disclosure or copying of this
communication or any part thereof is strictly prohibited
and may be unlawful. If you have received this
communication in error, please notify us immediately by
return e-mail or bye-mail to [e-mail], and
destroy this communication and all copies thereof,
including all attachments .
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IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Department of the Treasury, we inform you that
any U.S. tax advice contained in this communication (including any attachmems) is not imended or wriuen by the practitioner to be
used, and that it cannot be used by any taxpayer, for the pUipOSC of (i) avoiding penalties that may be imposed on the taxpayer, and (ii)
supporting the promotion or marketing of any transactions or mailers addressed herein. For infonnation about this legend, go to
hnp:ffwww.manau.comfExpenise.aspx?id=4870

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