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(ĂȘnka.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(ĂȘicemiller.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
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * ** *
CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is
2/21/2006
Case 1:03-cv-02485-MSK-PAC Message
Document 355-5
Filed 02/23/2006
Page 3 of 3 Page 2 of2
prohibited. If you have received this E-mail in error, please noti fy us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER * *** * * * * * * * ** * ***** * * * *** * * * ****** ** * ******* * * **** **** * * * ****** * ******
2/21/2006