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)

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Exhibit K Page I of6 From: Chad Walker [mailto:CBWalker@fr.com] Sent: Wednesday, August 19, 2009 6:28 PM To: Justin A. Nelson; amycandido@quinnemanuel.com; Sandeep Seth; Jason Wolff; Jeremy Brandon; Max S. Grinstein L. Tribble; Joseph Cc: Stacy Schulze; Lorraine Mofton; Patsy Goff; Google-Funct¡onMedia@quinnemanuel'com Subject: Sandeep, RE: Chris Evans dePo Here are the additional files from Mr. Evans. These should be considered confidential pursuant to the protective order. Thanks -- Chad -----Original Message----From: Justin A. Nelson [mailto jnelson@SusmanGodfrey.com] Sent: Tuesday, August 18,2009 6:48 PM To : amycandido@quinnemanuel. com; Chad Walker; sseth@susmangodfr ey. com; Jason Wolff; jbrandon@susmangodfrey.com; mtribble@susmangodfrey.com; j grinstein@ susmangodfrey. com Cc : sschulze@susmangodfrey.com; Lorraine Morton; Patsy Goff; Google-FunctionMedia@quinnemanuel. com Subject: Re: Chris Evans depo As stated, we are proceeding with the depos and reserving our rights. From: Amy Candido <amycandido@quinnemmue To: Justin A. Nelson; 'Chad Walker'<CBWalker@fr.com>; Sandeep Seth; 'Jason V/olff <wolff@fr.com)l Jeremy Brandon; Max L. Tribble; Joseph S. Grinstein CC : Stacy Schulze;'Lorraine Morton' <LMorton@fr'com>; Patsy Goff; Google-Function Media <Google-FunctionMed Sent: Tue Aug 18 18:46:01 2009 Subject: RE: Chris Evans dePo Justin, 'We ---Original Message----- want to make sure that you understand our position. Because of the 8127/2009 Page2 of6 recently identified documents, we have offered to make Chris Evans available to be deposed at a later date and will work with you to identiff a mutually-agreeable date. Nevertheless, if Function Media chooses to go forward with Chris Evans'deposition as previously scheduled, that is Function Media's choice. It is not appropriate, however, for Function Media to choose to go forward with the deposition despite our offer to reschedule, and then later raise some objection regarding the newly identified documents. Please confirm whether you would like us to identiff additional dates when Mr. Evans is available to be deposed or if you intend to go forward this Thursday. Regards, Amy -----Original Message----From: Justin A. Nelson fmailto jnelson@SusmanGodfrey.com] Sent: Tuesday, August 18,2009 12:50 PM To: Chad'Walker; Sandeep Seth; Jason Wolff; Jeremy Brandon; Max L. Tribble; Joseph S. Grinstein Cc: Stacy Schulze; Lorraine Morton; Amy Candido; Patsy Goff Subject: RE: Chris Evans depo Chad -There appears to be a pattem here of late-produced documents from third-party witnesses here despite longstanding subpoenas. I trust you are rectiffing this for future witnesses. It really is not acceptable for you on multiple occasions to suddenly find documents on the eve of deposition that should have been produced in response to our subpoena long ago. Time is short throughout the rest of the discovery period. You have not yet given us dates for many prior art witnesses we've asked for. Given the schedule, we plan to proceed with the deposition this week on its originally-scheduled date, reserving all our rights (including moving to strike any late-produced documents). From: Chad Walker [mailto:CBWalker@fr .com] Sent: Tue 8118/2009 2:48PIvd To: Sandeep Seth; Jason V/olff; Jeremy Brandon; Max L. Tribble; Joseph S. Grinstein; Justin A. Nelson Cc: Stacy Schulze; Lorraine Morton; Amy Candido; Patsy Goff Subject: RE: Chris Evans depo 'We Mr. Evans has located 300 additional potentially responsive files. have not yet received them, but we expect to receive them today. We will give them to you as fast as we can. Again, the next available date for Mr. Evans is August 26,but if you want to push it out further, we will work with you on another mutually agreeable date. -- Chad 8t27t2009 Page 3 of6 From : S andeep S eth [mailto sseth@SusmanGodfr ey. com] Sent: Tuesday, August 18,2009 2:40PINí To : Chad Walker; Jason Wolff; jbrandon@susmangodfrey. com; mtribb le@susmangodfr ey. com ; j grinstein@susmangodfrey. com; inelson@ susmangodfrey. com Cc: sschulze@susmangodfrey.com; Lorraine Morton; Amy Candido; Patsy Subject: RE: Chris Evans depo : Goff Yes. From: Chad Walker [mailto :CBWalker@fr .com] Sent: Tuesday, August 18,2009 2:33 PM To: Sandeep Seth; Jason Wolff; Jeremy Brandon; Max L. Tribble; Joseph S. Grinstein; Justin A. Nelson Cc: Stacy Schulze; Lorraine Morton; Amy Candido; Patsy Goff Subject: RE: Chris Evans depo Just to confirm, you want to proceed with the deposition this Thursday, as originally scheduled. Is that correct? From : S andeep S eth fmailto sseth@SusmanGodfr ey. com] Sent: Tuesday, August 18,2009 2:30 PM To : Chad'Walker; Jason V/olff; jbrandon@susmangodfr ey. com; mtribble@susmangodfrey. com ; j grinstein@susmangodfrey. com; susmangodfrey. com i nel son@ Cc: sschulze@susmangodfrey.com; Lorraine Morton; Amy Candido; Patsy Subject: RE: Chris Evans depo : Goff No Chad. We will have to proceed as originally scheduled. If Mr. Evans has any more docs to turn over, now is the time. Thank you. From: Chad V/alker fmailto :CBWalker@fr .com] Sent: Tuesday, August 18,2009 2:27 PM To: Sandeep Seth; Jason Wolff; Jeremy Brandon; Max L' Tribble; Joseph S. Grinstein; Justin A. Nelson Cc: Stacy Schulze; Lorraine Morton; Amy Candido Subject: RE: Chris Evans depo Sandeep, Mr. Evans has a personal conflict this Friday. His next available day 812712009 Page 4 o16 is next Wednesday, August 26. Would you be able to move the depo to that day? Thanks - Chad : From : S andeep S eth [mailto sseth@SusmanGodfrey. com] Sent: Tuesday, August 18, 2009 1:50 PM To : Jason V/olff; j brandon@susmangodfr ey. com; mtribble@susmangodfr ey. com; j grinstein@susmangodfrey.com; jnelson@susmangodfrey. com Cc: sschulze@susmangodfrey.com; Chad Walker; Lorraine Morton; Amy Candido Subject: RE: Chris Evans depo Yes, let's do that. From: Jason Wolff [mailto :wolff@fr.com] Sent: Tuesday, August 18,2009 1:47 PM To: Sandeep Seth; Jeremy Brandon; Max L. Tribble; Joseph S. Grinstein; Justin A. Nelson Cc: Stacy Schulze; Chad V/alker; Lorraine Morton; Amy Candido Subject:RE: Chris Evans depo Attached is what we just received from Mr. Evans. If you'd like to posþone until Friday we can do that. From: Sandeep Seth [mailto :sseth@SusmanGodfrey.com] Sent: Tuesday, August 18,2009 11:44 AM To: Jason Wolff; jbrandon@susmangodfrey.com; mtribble@susmangodfrey.com; j grinstein@susmangodfrey. com; jnelson@.susmangodfrey.com Cc: sschulze@susmangodfrey.com; Chad Walker; Lorraine Morton; Amy Candido Subject: RE: Chris Evans depo Then I suggest we do the depo Friday. From: Jason Wolff fmailto :wolff@fr .com] Sent: Tuesday, August 18,20091:37 PM To: Sandeep Seth; Jeremy Brandon; Ma¡< L. Tribble; Joseph S. Grinstein; Justin A. Nelson Cc: Stacy Schulze; Chad Walker; Lorraine Morton; Amy Candido Subject: RE: Chris Evans depo 812712009 Page 5 'We are tryrng to get the documents now. of6 I do not know how much additional material he located. From : Sandeep S eth [mai lto sseth@SusmanGodfr ey. com] Sent: Tuesday, August 18,2009 l1:36 AM To : Jason V/olff; jbrandon@susmangodfr ey. com; mtribble@susmangodfrey. com j grinstein@susmangodfrey.com; jnelson@ susmangodfrey.com Cc: sschulze@susmangodfrey.com; Chad Walker; Lorraine Morton; Amy Candido Subject:RE: Chris Evans depo : ; Jason, are you getting us the documents today? How much additional material? -Sandy From: Jason V/olff [mailto:wolff@fr.com] Sent: Tuesday, August 18,2009 1:21 PM To: Jeremy Brandon Cc: Sandeep Seth; Stacy Schulze; Chad Walker; Lorraine Morton; Amy Candido Subject:FW: Chris Evans depo [Sorry, adding Chad and Amy.] ----Original Message----From: Jason V/olff Sent: Tuesday, August 18,2009 11:20 AM To: 'Jeremy Brandon' Cc: 'Sandeep Seth'; Stacy Schulze Subject: RE: Chris Evans depo Jeremy and Sandy, We just learned today that Chris Evans located additional electronic materials. He's sending them to us now -- we haven't seen them but understand they include press and engineering materials pertaining to Mr. Evans'time with Accipter, as well as some materials pertaining to NetGravity. As soon as we receive them we will send them to you. The question is how you'd like to proceed. We can posþone the deposition or continue with the deposition, please tell us what you'd would like to do today before our flight to Raleigh tomorrow. Regards, Jason 812712009 Page 6 of6 From: Chad V/alker Sent: Monday, August 17,200910:00 AM To : jbrandon@susmangodfrey. com Cc: Jason Wolff Subject: Chris Evans depo Jeremy, ---Original Message----- I wanted to let you know that Chris will coming to the depo Thursday morning from another meeting. He is planning to be there on time, but I wanted to let you know that there is a possibility that he might be a few minutes late. Hopefully it won't be an issue, but I wanted to give you a heads up. Thanks -- Chad Chad Walker / Fish & Richardson P.C. / Direct: (214) 760-6147 (817) 501-4870 I Cell: ,lrt ¡lc**rk:F¡ß*t<{.**¡F*t*d(:l**{.i.****rl.t*rFrF*rF¡1.***{<:ß{****{.:1.:1.***¡ß**¡F*:ß¡ß¡r{r¡1.,1.:*{(*:lc¡lc¡lc¡l.tl.:$* {<:ß:ß{.rk*¡1.{.***rF¡F*r.rF:l:lr{r****r(:*{<¡1.:f ¡F******:ß**{r{rir***tt<¡k*<**** This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized use or disclosure is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. IRS CIRCULAR 230 DISCLOSURE: Any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recoÍrmending to another party any transaction or matter addressed herein.(FRO8-i203d) ,F*rF***{c¡r,l.rl.****d.{<¡lç{.¡F****:r¡l*¡1.*¡F*d<*:ßt ¡lc¡1.{rirt*d<**:****rl.*tF*{<**{.****¡F*¡F*:***t(**'ß{(:l' t{t(**{.rl.rl.{<¡lrt*rt({r***t **rFrF¡F*{.dt**{<*{<****:1.{{¡F{<*rF*rt<¡l:k¡lr** 8t27t2009

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