Gordon v. Virtumundo Inc et al

Filing 72

DECLARATION of Derek A. Newman filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 71 MOTION to Compel Segregation of Emails (Attachments: # 1 Exhibit A - Transcript of "Meet and Confer")(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 72 Att. 1

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

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with subscribe, would that be correct? A. Q. Basically, yes. Okay. So if one of these individuals who are connected with one of these e-mail addresses in Exhibit No. 4 opted out or attempted to opt out at one of your advertiser's sites you wouldn't necessarily have gotten that data? MR. NEWMAN: lacks foundation. Q. A. (BY MR. SIEGEL) Not necessarily. MR. SIEGEL: No further questions. Mr. Brewer, I want to thank you for your cooperation today and your time. THE WITNESS: MR. NEWMAN: actually. here? MR. NEWMAN: record. The first question is -MR. SIEGEL: MR. NEWMAN: Well, are you -Excuse me? No. We're still on the Thank you, Mr. Siegel. Mr. Siegel, I want to Mr. Brewer? Objection. The question

raise another issue with you -- a couple, The first is -MR. SIEGEL: We're off the record

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

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MR. SIEGEL: record? MR. NEWMAN:

Are you paying for this I believe that whoever

orders the transcript pays for the record and we intend to order a transcript so I suppose the answer to your question is yes. The two issues that I would like to raise, the first one is with respect to the supplemental production that you and I have discussed at length, we spoke about it yesterday, in fact we met and conferred, and we may need to bring a motion with respect to it and I'm wondering whether perhaps we could bring a joint motion pursuant to the Court rule that allows the party to together file a motion. And what we would seek specifically is either for the additional e-mails to not be a part of this lawsuit or for your client to produce them separate and apart from the e-mails that had previously been produced. Would you agree to that, the joint motion? MR. SIEGEL: MR. NEWMAN: joint motion? No, I don't think so. You would not agree to a

JOHN M. BOWEN & ASSOCIATES

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

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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

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

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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?

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

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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.)

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