Free Motion to Expedite - District Court of Colorado - Colorado

Case 1:04-cv-01225-MSK-BNB

Document 180-3

Filed 08/31/2005

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Malik M. Hasan, M.D., et al. v. Goldman Sachs 1998 Exchange Place Fund, LP, et al.

EXHIBIT B to T EN ME D F N A T ' X E IE MO I N H A D E E D N S E P DT D TO REGARDING DEPOSITION OF KATHLEEN ESKOLA

Communications Regarding Deposition Scheduling

EXHIBIT B 04-cv-1225-MSK-BNB

Case 1:04-cv-01225-MSK-BNB

Document 180-3

Filed 08/31/2005

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From: Featherstone, Bruce Sent: Tuesday, August 30, 2005 4:02 PM To: 'Glenn W. Merrick' Subject: RE: Hasans v. GS and others Judge Boland has the following times available for hearing before September 12: 1. 2. 3. September 1 in the afternoon. September 7, 3 p.m. September 9, 3:30 or 4 p.m.

Please advise whether you accept some or all of these dates.
Bruce A. Featherstone Featherstone DeSisto LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 303 626-7125; 303 626-7101 (fax) [email protected] PRIVILEGED & CONFIDENTIAL -- ATTORNEY/CLIENT COMMUNICATION The information contained in this communication is confidential and is protected from disclosure to third parties by the attorneyclient privilege and/or the attorney work product doctrine. This communication is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments.

From: Glenn W. Merrick [mailto:[email protected]] Sent: Tuesday, August 30, 2005 3:48 PM To: Featherstone, Bruce Cc: Malik Hasan Subject: RE: Hasans v. GS and others Bruce: You (or your clients) could have inquired long before now. That information was known or reasonably available to you (and/or your clients). Our position has not changed. Proceed as you see fit. With kind regards, Glenn

Glenn W. Merrick SENN VISCIANO KIRSCHENBAUM MERRICK P.C.
Suite 4300, 1801 California Street Denver Colorado 80202
Telephone: (303) 298-1122 Cell: (720) 839-7553 Fax: (303) 296-9101 Email: [email protected] www.GWMerrick.com

Case 1:04-cv-01225-MSK-BNB

Document 180-3

Filed 08/31/2005

Page 3 of 4

From: Featherstone, Bruce [mailto:[email protected]] Sent: Tuesday, August 30, 2005 3:46 PM To: Glenn W. Merrick Cc: Collins, Matt; Vasquez, Karen Subject: RE: Hasans v. GS and others We did not confirm that Kathleen Eskola was the printer of certain information in the 1998 Book until recently. We did not know of her or these matters in June when you took depositions in Houston. You could attend the deposition of Ms. Eskola by phone. If any of this changes your mind, please advise me promptly. Otherwise, I will proceed as I need to.
Bruce A. Featherstone Featherstone DeSisto LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 303 626-7125; 303 626-7101 (fax) [email protected] PRIVILEGED & CONFIDENTIAL -- ATTORNEY/CLIENT COMMUNICATION The information contained in this communication is confidential and is protected from disclosure to third parties by the attorney-client privilege and/or the attorney work product doctrine. This communication is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments.

From: Glenn W. Merrick [mailto:[email protected]] Sent: Tuesday, August 30, 2005 3:10 PM To: Featherstone, Bruce Cc: Malik Hasan Subject: RE: Hasans v. GS and others Bruce: We oppose the taking of the deposition of Kathleen Eskola in Houston, Texas. We have already been to Texas and you had ample time to conduct her deposition while we were in her building. Your proposal to fly all the way to Houston, Texas to take a 15 minute deposition of a witness that we could have deposed long ago is not acceptable. The cost and burden is inconsistent with Fed.R.Civ.P. 1 and Judge Marcia Krieger's previous admonishments in this case. We will file a motion for protective order if you serve a notice of deposition. With kind regards, Glenn

Glenn W. Merrick

Case 1:04-cv-01225-MSK-BNB

Document 180-3

Filed 08/31/2005

Page 4 of 4

SENN VISCIANO KIRSCHENBAUM MERRICK P.C.
Suite 4300, 1801 California Street Denver Colorado 80202
Telephone: (303) 298-1122 Cell: (720) 839-7553 Fax: (303) 296-9101 Email: [email protected] www.GWMerrick.com

From: Featherstone, Bruce [mailto:[email protected]] Sent: Monday, August 29, 2005 10:55 AM To: Glenn W. Merrick Cc: Reid J. Elkus; Collins, Matt; Vasquez, Karen Subject: Hasans v. GS and others The Named Defendants wish to take the deposition of Kathleen Eskola on Monday September 12, 2005, in Houston Texas. We propose to notice the d p si frh wte s l c h u.She works in the same office complex e o i n o te i s' u h o r t o n s n where you took the depositions in early June. We would propose to schedule the deposition for the same location (Snow Fogel Cole LLP); I recall that your law school classmate is a member of the Snow Fogel law firm. My anticipation is that ted fn a t e a n t nwl p rx t 1 mi tsin duration. Please h ee d ns x mi i ia po i e 5 n e ' ao l ma u advise that this scheduling is acceptable.
Bruce A. Featherstone Featherstone DeSisto LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 303 626-7125; 303 626-7101 (fax) [email protected]