Gordon v. Virtumundo Inc et al

Filing 84

DECLARATION of Derek A. Newman filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 53 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit A - Email Exchange Between Counsel# 2 Exhibit B - Requests for admissions that Defendant Virtumundo propounded on Plaintiffs# 3 Exhibit C - Omni's Responses to Virtumundo's First Requests for Admission)(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 84 Att. 1

EXHIBIT A
Email Exchange Between Counsel

Dockets.Justia.com

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Derek Newman - RE: Gordon v. Virtumundo From: To: Date: Subject: CC: "Bob Siegel" "Derek Newman" 12/29/2006 11:32 AM RE: Gordon v. Virtumundo "Bob Siegel"

Derek, I have already advised that my client is not inclined to grant such an extension based upon your personal recreational plans. You have known about this motion now since November 9 th, when Judge Coughenour ordered us to file it by Dec. 18th. Nonetheless, you waited until now, 10 days after we did file it to first request an extension. It really is difficult to understand your rationale here. Please recall that it was your very aggressive move in attempting to force my client to post a large bond to secure your attorney fees, which precipitated our filing of the summary judgment motion in the first place. Consequently, notwithstanding my own professional proclivity to cooperate generally, it is no stretch to comprehend why my client may be less than amenable to accommodating your personal conveniences. In any event, I cannot agree to your requests. There are rules and procedures governing this issue, and you are certainly free to file a motion for relief from deadline. Sincerely, Bob Siegel

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From: Derek Newman [mailto:[e-mail]] Sent: Friday, December 29, 2006 11:29 AM To: Bob Siegel Subject: Re: Gordon v. Virtumundo

Bob,

We would like a one week extension on the motion for summary judgment. Our position is simply we have New Years plans with our families that we'd have to abandon in order to properly respond. We request the courtesy from you of the extension, or from the court in its discretion.

I propose either (i) jointly calling the court; or (ii) jointly filing a same-day motion where we state our request, and you state your opposition to it.

Would you please agree to either?

Thank you.

-Derek

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP Seattle 505 Fifth Avenue South, Suite 610 * Seattle, Washington 98104 [phone] Seattle phone * [phone] Seattle fax Los Angeles 1801 Century Park East, Suite 2400 * Los Angeles, California 90067 [phone] Los Angeles phone * [phone] Los Angeles fax [phone] Direct Dial http://www.newmanlaw.com

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>>> On 12/29/2006 at 11:17 AM, in message <[e-mail]>, "Bob Siegel" <[e-mail]> wrote: Derek, I just got into the office after dealing with some personal matters this morning. In response to your request yesterday for some kind of conference with the Court, please advise as to the procedure you are suggesting, and please provide advanced notice of the issue and your position. Bob

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