MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 317

BRIEF re #316 MOTION to Compel by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (Attachments: #1 Exhibit A - Excerpts from Deposition of Breck Archer, #2 Exhibit B - 6/11/12 email from Smith to Segars, #3 Exhibit C - 7/25/12 email from Segars to Smith, #4 Exhibit D - 8/1/12 email from Smith to Segars, #5 Exhibit E - 10/3/12 email from Smith to Falcone, #6 Exhibit F - Draft Affidavit of Breck Archer, #7 Exhibit G - 3/13/12 Letter from Falcone to Ekstrand, #8 Exhibit H - 11/9/12 email from Falcone to Smith, #9 Exhibit I - 11/9/12 email from Smith to Falcone)(SEGARS, THOMAS)

From:
Sent:
To:
Cc:
Subject:

Stefanie Smith <[e-mail]>
Monday, June 11, 2012 5:13 PM
Tom Segars
Jeremy Falcone; Bob Ekstrand; Brittany Handy
Re: Archer Proposed Affidavit

Tom,
Thank you for your response. I'm glad we were able to reach agreement on the affidavit. We will contact
Breck and return the signed affidavit to you.
Best,
Stefanie
On Mon, Jun 11, 2012 at 4:24 PM, Tom Segars <[e-mail]> wrote:
Stefanie,

Thank you for sending your message below and for proposing this revised affidavit. What you sent is acceptable to
us. In consideration of your representations to us and Mr. Archer’s execution of this affidavit, we would agree not to
seek to re-open the April 19 deposition. If you would please have Mr. Archer execute the affidavit that you sent us and
return it to us before Mr. Archer relocates overseas, we would appreciate it. Let us know if you have any questions or if
we need to discuss this further.

Thanks and best regards,
Tom

Tom Segars
Ellis & Winters LLP
[e-mail]
Direct: [phone]
Office: [phone]
Fax: [phone]

www.elliswinters.com

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From: Stefanie Smith [mailto:[e-mail]]
Sent: Friday, June 08, 2012 9:50 PM
To: Jeremy Falcone; Tom Segars
Cc: Bob Ekstrand; Brittany Handy
Subject: Archer Proposed Affidavit

Jeremy and Tom,

Pursuant to our telephone call and your request that Breck sign an affidavit, attached please find our proposed
affidavit for Breck Bernard Archer.

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

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information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are
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immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege,
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