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
Friday, November 09, 2012 11:29 AM
Jeremy Falcone
Tom Segars; Bob Ekstrand
Re: McFadyen v. Duke
Jeremy,
You can choose to do whatever you think you should do. We have been and continue to make efforts to contact
and communicate with Mr. Archer to obtain a signed and notarized affidavit. That is all we can do. Whether or
not you file a motion to compel will not change our efforts.
Stefanie
On Fri, Nov 9, 2012 at 11:14 AM, Jeremy Falcone wrote:
Stefanie,
We still have not received Mr. Archer’s affidavit. If we have not received the affidavit by 5:00 p.m. Monday,
we will be filing a motion to compel.
Jeremy
From: Stefanie A. Sparks [mailto:sas@ninthstreetlaw.com]
Sent: Wednesday, October 03, 2012 8:42 AM
To: Jeremy Falcone
Cc: Tom Segars
Subject: 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.
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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 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
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Direct: (919) 865-7097
Office: (919) 865-7000
Fax: (919) 865-7010
www.elliswinters.com
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-Stefanie A. Smith
Associate
EKSTRAND & EKSTRAND LLP
811 Ninth Street, Suite 260
Durham, NC 27705
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