Gordon v. Virtumundo Inc et al

Filing 70

DECLARATION of Roger Townsend filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 69 MOTION to Compel Discovery (Attachments: # 1 Exhibit A1 - Lynns First Interrogatories to Gordon# 2 Exhibit A2 - Lynns First Interrogatories to Omni# 3 Exhibit B - Discovery Responses# 4 Exhibit C - Letter from Plaintiff re First Supp Discovery Respnses# 5 Exhibit D - Virtumundo's First set of Interrogaotires and Requests for Production to Gordon# 6 Exhibit E - Plaintiff's Purported Email Analysis# 7 Exhibit F - Purported Legend re Email Analysis# 8 Exhibit G - Letter to Plaintiff's Counsel re "Meet and Confer"# 9 Exhibit H - Transcript of "Meet and Confer" at Deposition)(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 70 Att. 9

Case 2:06-cv-00204-JCC

Document 70-10

Filed 12/21/2006

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EXHIBIT H

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 70-10

Filed 12/21/2006

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JAMES S. GORDON, JR. vs. VIRTUMUNDO, INC., et al

12-15-2006 ROUGH DRAFT - BRETT BREWER
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MR. SIEGEL:

I think what I will do,

though, is I will respond to you in detail about this issue when I have had a full time to discuss it with my client and in fact I could even commit to giving you a full and detailed response on Monday. MR. NEWMAN: Well, I look forward for that response especially considering earlier representations you made advising that you would confer with your client and provide feedback to me a week ago and a week and a half ago, which I never received, so I really appreciate that you are going to have information for me on Monday. And then if you don't have information for me on Monday, would you file the joint motion so that you could state your position which to this day I still don't understand? MR. SIEGEL: MR. NEWMAN: Well, we'll talk on Okay. Then my next Can we expect Monday about that, counsel. question is I know we have discovery requests which responses are due today. them today? MR. SIEGEL: with my client on that. Again, I have to check

JOHN M. BOWEN & ASSOCIATES

[phone]
e2c958c5-59a3-42a5-b65b-1a65557ad783

Case 2:06-cv-00204-JCC

Document 70-10

Filed 12/21/2006

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JAMES S. GORDON, JR. vs. VIRTUMUNDO, INC., et al

12-15-2006 ROUGH DRAFT - BRETT BREWER
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MR. NEWMAN:

Well, today is the

deadline for filing discovery motions, and considering that you still have not received responsive documents from your client the day they are due would indicate that you are not going to be transmitting them to me today, so can this serve as our meet and confer such that we can file a Motion to Compel those documents today? MR. SIEGEL: Well, I'm requesting an extension, counsel, a reasonable extension say until the end of next week and to get those documents to you and those responses to you. MR. NEWMAN: I would be happy to grant that extension; however, there is a Court Order that provides that the last day I can move to compel is today, so would you agree to file a stipulation that we can extend that deadline with respect to the Defendants' right to move to compel? MR. SIEGEL: MR. NEWMAN: Yes, I would. Great. So I'm going to

send you a stipulation and it's going to provide that the Defendants' deadline to move to compel is extended one week from today?

JOHN M. BOWEN & ASSOCIATES

[phone]
e2c958c5-59a3-42a5-b65b-1a65557ad783

Case 2:06-cv-00204-JCC

Document 70-10

Filed 12/21/2006

Page 4 of 4

JAMES S. GORDON, JR. vs. VIRTUMUNDO, INC., et al

12-15-2006 ROUGH DRAFT - BRETT BREWER
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MR. SIEGEL: MR. NEWMAN: requests? MR. SIEGEL: MR. NEWMAN:

Fine. And when would you

expect to have responses to those discovery Prior to that. Thank you, very much. I really

I'll forward that stipulation. e-mail later today. MR. SIEGEL: counsel. Okay.

appreciate your courtesy and you can look for my Thank you,

(Witness excused.)

JOHN M. BOWEN & ASSOCIATES

[phone]
e2c958c5-59a3-42a5-b65b-1a65557ad783