Free Motion to Compel - District Court of Colorado - Colorado

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

Document 355-5

Filed 02/23/2006

Page 1 of 3

EXHIBIT D

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

Document 355-5

Filed 02/23/2006

Page 2 of 3 Page 1 of2

Lowry, Cassie

From: Carr, David J.
Sent: Monday, April

11 , 2005 9:58 AM

To: Lowry, Cassie
Cc: Pockrass, Steven F.

Subject: FW: CMK v. HHF Class-Wide Discovery
Cassie--Please put in the correspondence file. Thanks, DJC

-----Original Message----From: Lukas, Paul (mailto:lukas(ênka.com) Sent: Monday, April 11, 2005 9:47 AM
To: Carr, David J.

Cc: Date, Jennica; Fisher, Michele; Fleegel, Sarah; Nichols, Don; Srey, Rachhana
Subject: RE: CMK v. HHF Class-Wide Discovery

David - We have a plan for phase two discovery that i will be happy to discuss with you after Defendant's appeal to the Court's Order is resolved. Until that time, we will not entertain any discovery served upon us a proper

under the current Court's Scheduling Order. As you would say, we therefore must treat your service of
Interrogatories and Request for Production as a "non-event." PauL.

From: Carr, David J. (mailto:David.Carr(êicemiller.com) Sent: Friday, April 08, 2005 4:58 PM
To: Lukas, Paul; Fisher, Michele

Subject: CMK v. HHF Class-Wide Discovery

Importance: High

Paul and Michele--I know that your reply to our objections is not due until Monday, and that we don't really have an order on conditional certification for purposes of discovery, but I thought it would be useful to go ahead and serve our class wide paper discovery now, in the event the district court judge does ultimately rule in favor of conditional certification for purposes of class wide discovery. Consequently, our Interrogatories and Production Requests are attached, and are also being served via regular maiL. I would like to talk with you about both sides' potential "Phase Two" discovery at your convenience some time next week. Thanks, DJC

David J. Carr, Esq. Partner
Ice Miller One American Square Box 82001 Indianapolis, IN 46282

carr~icemiller.com (direct dial) 317-236-5840 (direct fax) 317-592-4810 (cell) 317-501-3571

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2/21/2006

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

Document 355-5

Filed 02/23/2006

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2/21/2006