MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 300

RESPONSE in Opposition re #294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: #1 Exhibit 1 - Flannery Deposition Excerpt, #2 Exhibit 2 - 2007-01-31 Emails between Hendricks & Ekstrand, #3 Exhibit 3 - Tkac Deposition Excerpt, #4 Exhibit 4 - McDevitt Deposition Excerpt, #5 Exhibit 5 - 2012-02-14 Document Subpoena to Bob Ekstrand, #6 Exhibit 6 - 2012-02-14 Document Subpoena to Ekstrand & Ekstrand, #7 Exhibit 7 - 2012-02-14 Testimony Subpoena to Robert Ekstrand, #8 Exhibit 8 - 2012-03-14 Objections to Subpoenas, #9 Exhibit 9 - 2012-03-31 Email from Stefanie Sparks, #10 Exhibit 10 - 2012-08-14 Carrington Plaintiffs' Supplemental Initial Disclosures, #11 Exhibit 11 - 2012-08-17 Testimony Subpoena to Stefanie Sparks Smith, #12 Exhibit 12 - 2012-08-31 Objection to Subpoena, #13 Exhibit 13 - 2011-10-03 Duke's Defendants' Initial Disclosures in Carrington, #14 Exhibit 14 - Dowd Deposition Excerpt, #15 Exhibit 15 - Schoeffel Deposition Excerpt, #16 Exhibit 16 - Koesterer Deposition Excerpt, #17 Exhibit 17 - 2007-02-15 Letter from Cheshire to Coman, #18 Exhibit 18 - Catalino Deposition Excerpt, #19 Exhibit 19 - Clute Deposition Excerpt, #20 Exhibit 20 - Jennison Deposition Excerpt, #21 Exhibit 21 - Archer Deposition Excerpt, #22 Exhibit 22 - Oppedisano Deposition Excerpt, #23 Exhibit 23 - Sherwood Deposition Excerpt, #24 Exhibit 24 - Common Representation Agreement, #25 Exhibit 25 - McFadyen Deposition Excerpt)(FALCONE, JEREMY)

EXHIBIT 9

Teri Aull
From:
Sent:
To:
Cc:
Subject:
Attachments:

Stefanie Smith <[e-mail]>
Saturday, March 31, 2012 1:24 AM
Tom Segars
Dick Ellis; Dixie Wells; Paul Sun; Jeremy Falcone; Jamie Weiss; Chris Jackson; David
Thompson; Pete Patterson; Aaron Cummings; Adam Gustafson; Nicole Moss; Robert
Ekstrand; Brittany Handy
Email #1 - Documents Responsive to Subpoenas - Carrington, et al v. Duke University, et al
C. Loftus - Motion to Quash.pdf; August 15, 2006 Letter from Kate Hendricks.pdf;
Bowman.pdf; Brooks.pdf; Bruce Thompson Letter to Larry Lamade (April 27, 2006).pdf; C.
Loftus.pdf

Tom,
I am directing this correspondence to you since you are the attorney listed on the document subpoenas directed
to Robert C. Ekstrand and Ekstrand & Ekstrand LLP. This is the first of a series of emails with attachments that
I will be sending over the next 20 minutes or so. Subject to and without waiving the objections that have been
asserted in response to the subpoenas directed to Robert C. Ekstrand and Ekstrand & Ekstrand LLP and also
subject to the telephone conference call that took place on February 24, 2012, the attached materials to this
email and the emails that will follow are materials responsive to the document subpoenas. The materials
provided this evening will be supplemented to the extent that materials, yet to be reviewed, are found
responsive to the document subpoenas. At this time, efforts are still being conducted to review archived
files. Any materials found to be responsive to these subpoenas will be provided in the course of discovery in
McFadyen, et al v. Duke University, et al and a copy of such responsive documents will also be provided to
counsel for the Carrington Plaintiffs. Please note that the Duke Card reports of individuals that are protected
pursuant to FERPA have been marked "CONFIDENTIAL" at the top of the document. Additionally, please
note that to the extent that the materials need to be identified in the future, the responsive materials being
provided have also been assigned bates numbers in connection with the discovery bates numbers in
McFadyen. The bates nos. of the responsive documents are 25868-27063. If you have any difficulty opening
any of the attachments, please do not hesitate to contact me.
Best,
Stefanie

-Stefanie A. Smith
Associate
EKSTRAND & EKSTRAND LLP
811 Ninth Street, Suite 260
Durham, NC 27705
Phone: [phone]
Fax: [phone]

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