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 A. Sparks
Wednesday, August 01, 2012 6:40 AM
Tom Segars
Jeremy Falcone; Bob Ekstrand; Brittany Handy
Re: Archer Proposed Affidavit
Tom,
We've been in contact with Breck and he has the affidavit to sign and send. I will check in with him to see if he
has sent it, etc. and will get back to you.
Thanks,
Stefanie
On Jul 25, 2012, at 11:15 PM, Tom Segars wrote:
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,
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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,
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
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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: 919.416.4590
Fax: 919.416.4591
*************************************************
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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
*************************************************
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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