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

Filing 78

DECLARATION of Claudia T. Bogdanos in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)

EXHIBIT I

KIRKLAND & ELLIS LLP
AND AFFILIATED PARTNERSHIPS

601 Lexington Avenue
New York, New York 10022
Bonnie L. Jarrett
To Call Writer Directly:
[phone]
[e-mail]

[phone]

Facsimile:
[phone]

www.kirkland.com

December 20, 2012
Via Electronic Mail

David Shaiman
Allegaert Berger & Vogel LLP
111 Broadway, 20th Floor
New York, NY 10006
Re:

J.T. Colby & Co., Inc., et al. v. Apple Inc., No. 11 cv 4060

Dear David:
I am writing in response to your December 17, 2012 letter. In this letter, you requested
"the production of documents concerning the fielding dates of Dr. Nowlis' study and the name of
the validating company used in connection with Dr. Nowlis' study." (Letter from Dr. Shaiman
to B. Jarrett dated Dec. 17, 2012.) Dr. Nowlis does not have documents reflecting this
information in his possession. He was, however, able to confirm the following:
1. His study was fielded from September 14, 2012 to September 26, 2012.
2. His study was validated by WRS, LLC, located in Chattanooga, Tennessee.
We expect this resolves the issues raised in your December 17, 2012 letter.
Also, as you know, on December 18, 2012, Apple requested documents and information
related to Dr. McDonald's deposition and survey. As Defendant has complied with your request
for information about Dr. Nowlis' survey, we are writing to request that you please produce the
documents and requested information about Dr. McDonald's survey and Research Now
immediately.
Sincerely,

Bonnie L. Jarrett
cc:

All counsel of record