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:
Tom Segars
Wednesday, July 25, 2012 11:15 PM
'Stefanie Smith'
Jeremy Falcone; Bob Ekstrand; Brittany Handy
RE: Archer Proposed Affidavit
Stefanie,
I hope this e-mail finds you doing well. At your convenience, could you please let me know the status of this affidavit
from Mr. Archer? I do not believe that we have received it, yet. I know that Mr. Archer was scheduled to be stationed
overseas beginning at some point this summer, and I wanted to follow up in case that impacts the logistics of getting this
done.
Thanks and best regards,
Tom
Tom Segars
Ellis & Winters LLP
tom.segars@elliswinters.com
Direct: (919) 865-7043
Office: (919) 865-7000
Fax: (919) 865-7010
www.elliswinters.com
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
From: Stefanie Smith [mailto:sas@ninthstreetlaw.com]
Sent: Monday, June 11, 2012 5:13 PM
To: Tom Segars
Cc: Jeremy Falcone; Bob Ekstrand; Brittany Handy
Subject: 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 wrote:
Stefanie,
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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
tom.segars@elliswinters.com
Direct: (919) 865-7043
Office: (919) 865-7000
Fax: (919) 865-7010
www.elliswinters.com
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
From: Stefanie Smith [mailto:sas@ninthstreetlaw.com]
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.
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Best,
Stefanie
-Stefanie A. Smith
Associate
EKSTRAND & EKSTRAND LLP
811 Ninth Street, Suite 260
Durham, NC 27705
Phone: 919.416.4590
Fax: 919.416.4591
*************************************************
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information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are
not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or
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delete this message and any attachments from your system without reading the content and notify the sender
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including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation.
-Stefanie A. Smith
Associate
EKSTRAND & EKSTRAND LLP
811 Ninth Street, Suite 260
Durham, NC 27705
Phone: 919.416.4590
Fax: 919.416.4591
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*************************************************
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. It may contain
information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are
not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or
disseminate this message, any part of it, or any attachments. If you have received this message in error, please
delete this message and any attachments from your system without reading the content and notify the sender
immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege,
including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation.
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