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)

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From: Sent: To: Cc: Subject: Stefanie A. Sparks <sas@ninthstreetlaw.com> Wednesday, October 03, 2012 8:42 AM Jeremy Falcone Tom Segars Re: McFadyen v. Duke Jeremy, The billing records for Matthew Wilson and John Ryan McFadyen were mailed to you yesterday. When I'm back at my computer later on today/tonight, I can email you what was mailed to you. As for Breck Archer, after some research the past week we were able to find out that the reason we've had so much difficulty getting in touch with Breck the past couple of months is because he has been deployed to some type of intense training on Mount Fuji in Japan. While he is there, he has no access to internet, etc. We understand that Breck will be returning to his home station in Okinoa this month. At that time, we will finally be able to communicate and coordinate with Breck. If you want to meet and confer about Breck's affidavit, I'm available at 3pm tomorrow. Best, Stefanie Sent from my iPhone On Oct 2, 2012, at 5:37 PM, Jeremy Falcone <Jeremy.Falcone@elliswinters.com> wrote: Stefanie, Will we be receiving the Breck Archer affidavit and the attorney billing records for Ryan McFadyen and Matt Wilson today? If not, please let me know your availability tomorrow or Thursday for a meet and confer. Thanks, Jeremy Jeremy Falcone Ellis & Winters LLP jeremy.falcone@elliswinters.com Direct: (919) 865-7097 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 1 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. 2

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