Function Media, L.L.C. v. Google, Inc. et al

Filing 160

Emergency MOTION To Set Deadline for Google to Complete Production and Relief from Meet and Confer by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-D filed separately under seal, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L)(Nelson, Justin)

Exhibit E

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From: Justin A. Nelson Sent: Wednesday, August 26,2009 7:08 PM To: Billie D. Salinas; Joseph S. Grinstein; Jeremy Brandon; Stacy Schulze Cc: Google-Function Media; [e-mail]; [e-mail] Subject: RE: Function Media v. Google

Amy -This memorializes our notes and conversat¡on yesterday morn¡ng. Please let me know if you have any changes or additions. W¡th the exception of certa¡n spec¡fied areas (and of course the motions to compel), we hope that we are close to resolving the disputes.

1. GPS and EMG presentations -- You state that you have searched them and are in the process of producing them -- hopefully by the end of this week. On this score, we note that
there do not appear to have been many financial executive-level presentations included in the productions over the last week, and we hope that they will be coming ASAP.

2. Other presentations

-- We disagree that you do not have to search for other executivelevel presentations. We believe that this is fairly captured within our pending motion to compel. lf you disagree and would like us to bring another motion on this point, we can do so.

minutes and presentations -- You plan to produce the minutes this week, and presentations shortly thereafter. We are quite concerned on the time it will take to produce these.

3. Board of Directors

4. We are agreed

that you will search the business lead of the subset of acquisitions by name of the company, project codename, and any abbreviations, stock symbols, etc. financial documents.

5. See my prior email regarding

6. We tentatively agreed (subject to your client's approval) to search Mr. Chen's files for the
agreed search string "(patent or intellectual property or ¡p) . . ., etc." and [e-mail] and [e-mail]. We expressed concern about getting the files in sufficient time for the deposition. We also agreed that categories of withheld material for privilege was acceptable. Please confirm that such a search is acceptable and is taking place.

7. Yes, it was the August 6 email. Jeremy Brandon sent today another confirmatory email

on this related point to make sure we have all of the wiki-type documents involving design or code related to AdWords and AdSense.
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8. The discussion of the email addresses turned into a discussion of searching the corporate
developmenVbusiness developmenVpatent groups (or any other groups dealing with buying patents or companies) for our clients in a narrow search term. You were hopeful that your client would agree. Please let us know by tomorrow.

9. Applied Semantics Legacy documents -- We asked for the same narrowly-targeted
search on the Applied Semantics legacy documents for our clients. We suggested that they search 3-4 people who were there at the beginning and the founders of the company, such as Elbaz. Please let us know ASAP on this point.

Justin A. Nelson Susman Godfrey 1201 Third Avenue Suite 3800 Seattle, V/A 98101 206-51,6-3867

This message is intended only for the people to whom it is addressed and is intended to be a confidential attorneyclient communication. If this message is not addressed to you, please delete it and notify me.

From: Billie D. Salinas [mailto:[e-mail]] Sent: Monday, August 24,2009 5:06 PM To: Justin A. Nelson; Joseph S. Grinstein; Jeremy Brandon; Stacy

Schulze

Cc: Google-Function Media; [e-mail]; [e-mail] Subject: Function Media v. Google
Counsel,
Please see the attached letter on behalf of Amy Candido. Best,

Billie Billie D. Salinas Associøte,
Quinn Emanuel Urquhart Oliver & Hedges [LP.
50 California Street, 22nd Floor San Francisco, CA94ttl

4L5-875-64L7 Direct 415.875.6600 Main Office Number 415.875.6700 FAX [e-mail] www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication andlor work product and as such is prìvileged and confidential. Ifthe reader ofthis message ¡s nottlle intended recipient or agent responsible for delivering ¡t to the Íntended recipien! you are hereby notified that you have received this document in error and that any rev¡ew, disseminat¡on, dístr¡but¡on, or copying of this message is strlcUy prohibited. If you have received this communication ¡n error, please notify us immediately by e-mail, and delete the original message.

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