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)

EXHIIlIT F
Jarrett, Bonnie L.
From:
Sent:
To:
Cc:
Subject:

Morrison, Thomas [[e-mail]]
Wednesday, February 29, 201211:56 AM
Cendali, Dale; Jarrett, Bonnie L.; Peluso, Kima; Nshah@manattcom1; German, Nicole;
Sheehan, Amy
Ray, Claudia
RE: Colby v. Apple: expert disclosures

DaleI have told all the firms that we are speaking with that the trial is set for October 22nd and that our expert reports will likely
be due at the end of April. I am happy to ''work toward" that being the date (April 27th, not the 20th) but r cannot yet
commit to that in black and white. If for some reason the new firm and the expert financing is not yet in place by the end
of March, that date would simply not work. I can see various things that we could do to solve the problem if that arises,
such as allowing you to take our experts depos before your own reports are filed or asking the judge for an extra week or
two to complete expert (but not fact) depositions. I hope that this will become a moot issue and that we can indeed have
the reports by the end of April - I just can't fUlly commit to that at this point.
Regards, Tom

From: Cendali, Dale [mailto:[e-mail]]
Sent: Tuesday, February 28, 20126:18 PM
To: Morrison, Tl1omas; Jarrett, Bonnie L.; Peluso, Kimo; Shah, Nirav; German, Nicole; Sheehan, Amy
Cc: Ray, Oaudja
Subject: Re: Colby v. Apple: expert disclosures
I understand Tom, but as the Judge said she was not moving the end dates we do not have a lot of choice. Can we work
to these dates with your reservation noted?
From: Morrison, Thomas [mailto:[e-mail]]
Sent: Tuesday, February 28, 2012 05:14 PM
To: Jarrett, Bonnie L.; Peluso, Kimo <[e-mail]>; [e-mail]1; German, Nicole
<[e-mail]>; Sheehan, Amy <[e-mail]>
Cc: Cendali, Dale; Ray, Claudia
Subject: RE: Colby v. Apple: expert disclosures
Bonnie, Claudia and Dale Until we know that new counsel are in place and that financing is available to pay the experts, we cannot commit to this
schedule. If everything falls into place in a couple of weeks this schedule could work; but we cannot commit to a schedule
that would not work if it takes longer to get everything in place. We will be happy to get back to you on this proposal once
we know where things stand.
Regards, Tom

From: Jarrett, Bonnie L. [mailto:[e-mail]]
Sent: Tuesday, February 28, 2012 4:57 PM
To: Morrison, Thomas; Peluso, Kimo; Shah, Nirav; German, Nicole; Sheehan, Amy
Cc: Cendali, Dale; Ray, Claudia
Subject: Colby v. Apple: expert disclosures
Dear Counsel:
1

We would like to propose dates for expert disclosures in this case. While we understand that your client is in the
process of retaining new counsel, given that the deadlines in this case will not change, we do not see any reason to put
off finalizing these dates.
Affirmative Expert Disclosures: April 20, 2012
Rebuttal Expert Disclosures: Friday, May 25, 2012
This schedule allows three weeks for depositions of experts before the June 15, 2012 discovery deadline.
Please let us know as soon as possible whether the foregoing is acceptable.
Regards,
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
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
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IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by lhe Dcpanment of the Treasury, we infonn you that
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