Polaris IP, LLC v. Google Inc. et al

Filing 578

MOTION to Continue Trial and for Additional Time for Trial by Google Inc.. (Attachments: # 1 Affidavit Declaration of M. Kammerud, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Perlson, David)

Polaris IP, LLC v. Google Inc. et al

Doc. 578 Att. 5

EXHIBIT D

Dockets.Justia.com

Brian Romanow
From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Andrew Weiss [[e-mail]] Sunday, August 01, 2010 1:04 AM Shah, Mansi .BrightResponseYahoo; Polaris Google Team; Jennifer Parker Ainsworth; _Doan, Jennifer; [e-mail]; Bright Response; David Pridham Re: Chuck Williams Documents Follow up Flagged

Mansi: This request is very surprising given that it was made on the eve of trial and relates to documents that Defendants have had in their possession for many months, if not over a year. Despite that, I am trying to get a substantive response for you. Note that we are mere hours from trial and resources are scarce. Can you please explain why Defendants waited until the eve of trial to make this request? Given the timing, it seems like it is only meant to prejudice Bright Response in its trial preparation efforts. Andrew On Jul 30, 2010, at 10:43 PM, Shah, Mansi wrote: > Andrew, > > We have not received confirmation that Plaintiff has produced all > nonprivileged documents received from Ms. Rice and Mr. Angotti, nor > have we received a privilege log of the documents you are withholding > on the basis of privilege. When will you be able to provide this > information to Defendants? > > Thanks, > Mansi > > Original Message > From: Shah, Mansi > Sent: Friday, July 30, 2010 1:25 PM > To: Andrew Weiss; .BrightResponseYahoo; Polaris Google Team; Jennifer > Parker Ainsworth; _Doan, Jennifer; [e-mail] > Cc: Bright Response; David Pridham > Subject: RE: Chuck Williams Documents > > Andrew, > > Defendants have already produced a privilege log for the Williams > production (see attached). The Williams production is complete. > > As stated on the exhibit list, Defendants' Exhibit 621 is to be used > for identification of metadata. Exhibit 621 has not been marked by > either party for any purpose other than identifying metadata, such as > the date certain documents were created. We have been separately > marking the Williams documents and emails that we intend to use at > trial, and we expect Plaintiff to do the same.
1

> > Please confirm that Plaintiff has produced all nonprivileged > documents received from Ms. Rice and Mr. Angotti. Please also provide > a privilege log of the documents you are withholding on the basis of privilege. > Please provide this information as soon as you can, but no later than > 5:00 p.m. today. > > Mansi > > Original Message > From: Andrew Weiss [mailto:[e-mail]] > Sent: Friday, July 30, 2010 9:38 AM > To: .BrightResponseYahoo; Polaris Google Team; Jennifer Parker > Ainsworth; _Doan, Jennifer; [e-mail] > Cc: Bright Response; David Pridham > Subject: BR: Chuck Williams Documents > > Counsel: > We noticed that that Ex. 621 on your exhibit list is the entire > Williams production. Please confirm that Defendants have produced all > of the nonprivileged documents give to you by Mr. Williams. Please > also, as originally requested, provide a privilege log detailing the > documents you are withholding on the basis for privileged. > > Please provide this information ASAP, and no later than 1p this > afternoon > > Andrew > > > Andrew D. Weiss > Russ August & Kabat > 12424 Wilshire Boulevard, 12th Floor > Los Angeles, CA 90025 > 310 8267474 > [e-mail] > > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * > * > * * IRS Circular 230 Notice: This communication is not intended to be > used and cannot be used, for the purpose of avoiding U.S. federal > taxrelated penalties or promoting, marketing or recommending to > another party any taxrelated matter addressed herein. > > > This communication shall not create, waive or modify any right, > obligation or liability, or be construed to contain or be an > electronic signature. This communication may contain information that > is legally privileged, confidential or exempt from disclosure, and is > intended only for the named addressee(s). If you are not the intended > recipient, please note that any dissemination, distribution, or > copying of this communication is prohibited. > > > > >
2

> This email and any attachments contain information from the law firm of Howrey LLP, which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named on this email. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this email is prohibited If you receive this email in error, please notify us by reply email immediately so that we can arrange for the retrieval of the original documents at no cost to you. We take steps to remove metadata in attachments sent by email, and any remaining metadata should be presumed inadvertent and should not be viewed or used without our express permission. If you receive an attachment containing metadata, please notify the sender immediately and a replacement will be provided. Howrey LLP consists of two separate limited liability partnerships, one formed in the United States (Howrey US) and one formed in the United Kingdom (Howrey UK). Howrey UK is registered in England and Wales under number OC311537 and regulated by the Solicitors Regulation Authority (http://www.sra.org.uk/codeofconduct.page). Howrey's London and Paris offices are operated as part of Howrey UK. A list of the partners of Howrey UK is available for inspection at its registered office: 5 New Street Square, London EC4A 3BF. A consolidated list of all Howrey US and Howrey UK attorneys and jurisdictions where they are authorized to practice and/or are registered can be obtained by contacting [e-mail]. Andrew D. Weiss Russ August & Kabat 12424 Wilshire Boulevard, 12th Floor Los Angeles, CA 90025 310 8267474 [e-mail] * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRS Circular 230 Notice: This communication is not intended to be used and cannot be used, for the purpose of avoiding U.S. federal taxrelated penalties or promoting, marketing or recommending to another party any taxrelated matter addressed herein. This communication shall not create, waive or modify any right, obligation or liability, or be construed to contain or be an electronic signature. This communication may contain information that is legally privileged, confidential or exempt from disclosure, and is intended only for the named addressee(s). If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is prohibited.

3