Gordon v. Virtumundo Inc et al

Filing 73

DECLARATION of Derek Linke filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 71 MOTION to Compel Segregation of Emails (Attachments: # 1 Exhibit A - Feb 2, 2006 Letter from Plaintiff's Counsel# 2 Exhibit B - Nov. 14, 2006 Letter from Plaintiff's Counsel# 3 Exhibit C - Gordon's Discovery Explanation# 4 Exhibit D - Nov. 29, 2006 Letter to Plaintiff's Counsel# 5 Exhibit E - Dec. 5, 2006 Email from Plaintiff's Counsel# 6 Exhibit F- Dec. 20, 2006 Letter from Plaintiffs' Counsel# 7 Exhibit G - Dec. 21, 2006 Letter to Plaintiffs' Counsel)(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 73 Att. 5

Case 2:06-cv-00204-JCC

Document 73-6

Filed 12/21/2006

Page 1 of 2

EXHIBIT E

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 73-6

Filed 12/21/2006

Page 2 of 2

From: To: Date: Subject: CC: Derek,

"Bob Siegel" <[e-mail]> "Derek Newman" <[e-mail]> 12/5/2006 1:54 PM Virtumundo: Email copies in discovery "Bob Siegel" <[e-mail]>

By way of follow-up to our conversation yesterday where you requested that we provide you with yet another (third) compilation of the subject emails, that includes only those which were not included in our first (CD) production. My client advises that you can simply use the "sort by date" mechanism in the Eudora utility to determine whether and to what extent there is overlap in the emails in our second (CD) production. If for some reason this does not work acceptably, please advise, and we will certainly make all reasonable attempts to provide you with additional compilations of your clients' thousands of emails. Of course, please bear in mind that any difficulty in tracking and sorting the huge number of emails is merely the direct consequence of your clients' inundation of Mr. Gordon's servers with its spam, a point not likely to be lost on Judge Coughenour should you seek to bring this matter to the Court's attention. Sincerely, Bob