Gordon v. Virtumundo Inc et al

Filing 117

DECLARATION of Roger Townsend filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 116 MOTION to Exclude Testimony from Lately Disclosed Witnesses or to Compel Their Depositions (Attachments: # 1 Exhibit A - Letter Dated December 20, 2006 To Plaintiffs' Counsel From Defendants' Counsel# 2 Exhibit B - Email Communication Dated 12/27/2006# 3 Exhibit C - Email Communication Dated 12/28/2006# 4 Exhibit D - Email Communication Dated 2/21/2007# 5 Exhibit E - Letter Dated March 13, 2007 To Plaintiffs' Counsel From Defendants' Counsel# 6 Exhibit F- Email Communication Dated 3/14/2007)(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 117 Att. 6

Case 2:06-cv-00204-JCC

Document 117-7

Filed 03/15/2007

Page 1 of 2

EXHIBIT F
EMAIL COMMUNICATION DATED 3/14/2007

Dockets.Justia.com

(3/15/2007) Roger Townsend - RE: Gordon v. Virtumundo

Page 1

Case 2:06-cv-00204-JCC

Document 117-7

Filed 03/15/2007

Page 2 of 2

From: T o: Date: Subject: CC:
Bob:

Roger Townsend Bob Siegel; Derek Newman 3/14/2007 4:21 PM RE: Gordon v. Virtumundo Jr. Douglas E. McKinley; Roger M. Townsend

Per our discussion today, we will move to compel depositions of the individual customers. If you believe further discussion would be fruitful, then we are available to discuss arrangements to facilitate their depositions. We will follow up shortly regarding the deposition of Mr. Resnick. Where do you intend for that deposition to take place? Is it Chicago? That information would be helpful in scheduling the deposition. Also, can you advise as to any dates that Mr. Resnick and plaintiffs' counsel are unavailable. Thanks Roger NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Avenue South, Suite 610 Seattle, Washington 98104 [phone] phone * [phone] fax [phone] Direct Dial [phone] Mobile >>> On 3/13/2007 at 3:57 PM, in message <[e-mail]>, "Bob Siegel" <[e-mail]> wrote: Derek and Roger, Below is my agreement and understanding as to the issue of third-party witness depositions. Frankly,we do not consider depositions at this late date to be a"reasonable"extension of the discovery deadline. You have had over 2 months since the witnesses were disclosed and since we reached this understanding. We even provided you with tentative dates of these witnesses availability, however, you chose not to note, or arrange their depositions. Accordingly, we will oppose your attempt to depose these witnesses now. Regarding our expert, we agree that you are entitled to depose Mr. Resinick pursuant to the civil rules applying to such depositions related to payment to the expert, etc.Please provide dates and times for that deposition and we will seek to make Mr.Resinick available. Sincerely, Bob Siegel _____________________________________________ From:Bob Siegel Sent:W ednesday, December 20, 2006 7:07 PM To:'Derek Newman'; 'Roger Townsend' Cc:Bob Siegel Subject:Gordon v. Virtumundo Gentlemen: In response to your letter of this date, since these individuals are not parties, we cannot simply "make them available". However, we will not object if you should choose to note their depositions after the discovery cut-off, and will agree to a reasonable extension of the cut-off for that limited purpose, and will otherwise seek to cooperate in that regard. Sincerely, Bob Siegel