Performance Pricing, Inc. v. Google Inc. et al

Filing 241

MOTION to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP by AOL LLC, Google Inc.. (Attachments: # 1 Joint Stipulation Regarding Defendant Google Inc. and AOL LLC's Motion to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP, # 2 Declaration of Emily C. O'Brien in Support of Motion to Compel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Declaration of Christin Cho in Opposition to Motion to Compel, # 20 Errata 1, # 21 Exhibit 2, # 22 Exhibit 3, # 23 Proposed Order Granting Defendant Google Inc. and AOL LLC's Motion to Compel)(O'Brien, Emily) Modified on 9/25/2009 (sm, ). Modified on 9/25/2009 (sm, ).

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March I6, 2009

VIA ELEtCTRONfC MAIL

Christin Cho Dovel & Luner LI.P 201 Santa Monica ^oulevard_ Suite 600 Santa Monica_ C,^ 9001

Re:

Performance Pricin>t. Inc. v. Google Inc. et al.

Dear Christin: I write to summarize our telephone conference of March 13, 2009_ First; we discussed the HomeGopher server currently stored in Vti'ayne Lin's garage. You stated _...-. that the server was prepared for sale in 2002, and that as a result of this preparation Mr. Lin believes there is no information on the server. However, Mr. Lin does not have the capabilities to confirm this. Therefore; you will have a data recovery service look at the server, to see if any information can be recovered. You stated that Mr. Lin is currently out of to^^^n anti! March 23, but you are working to get access to the server in advance of his return. Please keep us updated on the status of the data recovery service's work on the server, including the efforts used to recover data from the server. Second, you stated that you now had the cellular phone containing an embodiment of U_S. Patent No. b,978,253 that was created for Mr. Lin. You indicated that this phone ^+^as a Nokia. but did not have any additional model information. You are working on finding a charger for the phone. If you are unable to do so; you stated that you could then send the phone to your data recovery service, to work on recovering the program from the phone. Please keep us updated on your search for a charger, and if necessary the data recovery service's work on the phone.

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Third, you are working on gaining access to Mr. Lin's tEnancial documents. However. you stated that Mr. Lin is out ofto^^^n until March 23. Therefore. you have not yet been able to gain access to these documents. Please let us kno^v° ^^°hen you have gained access to the documents. and after you have completed your review of them. Fourth, you stated that you have an original of the notarized document produced as part of the documents at P00036$-400. You agreed to send us a better copy of this document, with appropriate page break. However. you stated that you cannot make better copies of the other documents in the range P000368-400, as you do not have originals of the handwritten drawings. I explained that we may v^^ant to send someone to inspect these documents at a lacer time. Fifih_ we discussed the issue of documents related the E-Dvnamix Software. You stated that the E-Dynamix Softv<^are package was never created. and that there are no documents related to 1;Dynamix Sol^vare. Sixth, eve discussed the general issue ofthe extent of Mr. Lin's search of his garage for materials responsive to the subpoenas served on him and PricePlay. You stated that }'ou did ask him to search his garage again. Seventh, we discussed Neal Cohen's planned revisions to his privilege log produced in this matter. You stated that Mr. Cohen would address the first issue raised in my February 24 Fetter, revising entries that improperly claimed work product protection. You also stated that Mr. Cohen would address the third issue raised, separately logging each document rather than grouping documents together on the log. You also stated that Mr. Cohen would address the fourth issue I had raised, regarding entries without any apparent "client." With regard to the second issue raised, you indicated that }^ou believed some of the Defendants' privilege log descriptions were similar to those used by Mr. Cohen, and therefore asked Defendants to reconsider their position on this issue. We do not have the other Defendants' privilege logs, but do not believe there is any inconsistency in our position. However, we wi II look at Mr. Cohen's revised privilege log after the other issues have been addressed, and then consider whether additional revisions need to be made to the descriptions. With regard to the fifth issue raised, you stated that you had not yet considered this issue, and promised to get back to me after discussing with Mr. Cohen. As pointed out in my February 24 letter, you had agreed during the deposition of Mr. Cohen to provide us with the information that would be on a privilege !og far the retention agreement between Mr. Cohen and Dovel & Luner. We therefore expect to see this information on Mr. Cohen's revised privilege log.

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As always, we remain willing to meet and confer to resolve any discovery issues, and hope that you similarly remain willing to work together on these issues in a timely and efficient manner. If you believe that a live discussion would be helpful, we are available to do so. Cordially. Is/ Emily C_ O'Brien Errlily C. O'Brien
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