Free Motion to Compel - District Court of Colorado - Colorado

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

Document 355-14

Filed 02/23/2006

Page 1 of 2

EXHIBIT M

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

Document 355-14

Filed 02/23/2006

Page 2 of 2 Page 1 of2

Pockrass, Steven F.
From: Carr, David J.
Sent: Tuesday, February 14,20064:15 PM

To: 'Fisher, Michele'; Pockrass, Steven F.
Cc: Lukas, Paul; Nichols, Don; Johnson, Amy; Drexler, Teresa; Novak, Jill

Subject: RE: HHF1-Discovery issues

Michele--You are correct on the first two points, but i want to make it clear that we believe we are entitled to all interrogatory answers from all plaintiffs, and we never agreed to anything less or in substitute. Ditto as to the production requests. If you are saying you will not provide those to us, we will need to fie a motion to compeL. What we did say is that there is an issue of timing, in that we may not need those immediately. Please confirm your position on the interrogatories and production requests. I also want to make it clear we will object to the addition of any more plaintiffs at this late point in the case. Thanks, DJC

-----Original Message----From: Fisher, Michele (mailto:fisher(gnka.comJ Sent: Tuesday, February 14, 20064:09 PM To: Carr, David J.; Pockrass, Steven F.
Cc: Lukas, Paul; Nichols, Don; Johnson, Amy; Drexler, Teresa; Novak, Jill
Subject: HHFl -Discovery issues

David and Steve,

I am wrting as a follow up to the telephone conversation we had today regarding outstanding discovery issues. Dunng that conversation you stated that Defendant is lily to provide us with an updated lit of putative class members, as Defendant has a continuig obligation to do so. You wi check with your client and let us know tomorrow whether this wi occur or if a motion to compel is needed.

In addition, you agreed to provide us with the personnel files and payroll data for all Plaitiffs. Based on that representation, we wi not bnng a motion to compel these items. You stated that you wi not argue that we have waived our nght to bnng such a motion after the discovery deadlie if Defendant
for some reason fais to produce them. Finally, we discussed that although it is our recollection that

we agreed to take the agreed upon 100 depositions in lieu of wrtten interrogatones for all Plaintiffs, you wi let us know what informtion you believe you stil need from the interrogatones and we wi have further discussions from there.
Thank you.

Michele R. Fisher

Nichols Kaster & Anderson, PLLP 4600 IDS Center
80 South 8th Stret

Minneapolis, MN 55402 Direct Dial: (6U) 256-3229
Facsimile: (6U) 215-6870

Website: ww.nka.com and ww.overtmecases.com
Th irfortio coiml in this transmisio is att prii andor co irfor int for th

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