Free Motion to Compel - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 355-6

Filed 02/23/2006

Page 1 of 3

EXHIBIT E

Case Message 1:03-cv-02485-MSK-PAC

Document 355-6

Filed 02/23/2006

Page Page 3 of2 2 of 1

Pockrass, Steven F.
From: Carr, David J.
Sent: Tuesday, September 06,20052:18 PM
To: 'Gallagher, Sean R. (Denver)'

Cc: Pockrass, Steven F.

Subject: FW: CMK v. HHF
FYI.--DJC

-----Original Message----From: Lukas, Paul (mailto:lukas(Qnka.com) Sent: Friday, September 02,20054:20 PM To: Carr, David J.
Cc: Date, Jennica; Fisher, Michele; Fleegel, Sarah; Nichols, Don; Srey, Rachhana
Subject: RE: CMK v. HHF

David:

I believe you have accurately described our agreement.

With respect to documents produced by Defendant, we would like the personnel files and timesheets scanned in "single page tiff files with a dii file." I have no idea what that means, but I am told a "computer person" wilL.
Regarding the payroll records, Michele told me that in the recent deposition the payroll person explained how the records can be produced electronically, so I ask that you consider producing them as described.
Finally, we discussed emails, documents relating to the liquidated/wilful issue, and the list of managers. It is my understanding that you have produced the relevant emails that have been located, and that the effort to find more continues. With respect to the liquidated/willful issue, Defendant has not agreed to waive the attorney-client privilege and has produced all non-privileged documents. Because Defendant is taking the position that exmanagers, as well as current managers, may make admissions on behalf of Defendant, we have agreed not to

have any ex parte contact with them. However, we need a list of the managers who managed our clients to help
us in determining who to depose, so if you could provide that list prior to the Sept. 15th date for disclosure of deponents, that would be helpfuL.
Thanks. PauL.

From: Carr, David J. (mailto:David.Carr(Qicemiler.com) Sent: Friday, September 02,20053:23 PM
To: Lukas, Paul

Cc: Pockrass, Steven F.
Subject: CMK v. HHF

Paul--Just to confirm our discussion, the plan is to exchange initial deponent lists (50 deponents per side) on September 15, exchange "core" documents (such as all documents you have from your clients supporting their OT claims) as we discussed on September 25, and start taking depositions October 1 and run depositions

through November 15. You will let me know how you want to handle the copying issue regarding our documents. Thanks for your cooperation. Have a good weekend, DJC
David J. Carr, Esq.

Partner

9/6/2005

Case Message 1:03-cv-02485-MSK-PAC
Ice Miller

Document 355-6

Filed 02/23/2006

PagePage 2 of2 3 of 3

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9/6/2005