Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:03-cv-01973-PSF-MJW

Document 190-6

Filed 12/05/2005

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EXHIBIT G

EXHIBIT G

Case 1:03-cv-01973-PSF-MJW

Document 190-6

Filed 12/05/2005

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KILPATRICK STOCKTON LLP
Attorneys at Law

1001 West Fourth St. Winston-Salem NC 27 101-2400 336 607 7300 f336 607 7500

www.KilpatrickStockton.com

November 30, 2005

Richard S. Gottlieb direct dial 336 607 7484 direct fax 336 734 2643 [email protected]

VIA E-MAIL AND U.S. MAIL Michael R. McCurdy, Esq. Fairfield and Woods, P.C. Wells Fargo Center, Suite 2400 1700 Lincoln Street Denver, Colorado 80203-4524 Re: Walker Group, Inc. First Layer Communications, Inc. and J. E. H. Knutson Civil Action No. 03-CV-i 9 73-PSF-MJW

Dear Mike: This letter follows our telephone conversation yesterday and is to confirm our agreement concerning plaintiff's providing the invoices for legal services from Kilpatrick Stockton and The Maximon Law Firm to you in conjunction with Walker Group's Motion for Attorneys Fees. We intend to submit to the Court unredacted invoices from Kilpatrick Stockton and The Maximon Law Firm. As you know, the bills from the firms contain information that would be protected by the attorney-client and/or work-product privileges. Our current plan is to file these invoices under seal with the Court, but we are will provide duplicate copies of them to you on the following conditions: 1. 2. Walker Group's production of the invoices will not constitute a waiver of any privilege, including the attorney-client and work-product privileges; The invoices will be designated as "Confidential" pursuant to the protective order, entered by Magistrate Judge Watanabe on August 30, 2004; 3. The invoices will be reviewed only by the following persons: (a) (b) (c) Counsel for Mr. Knutson; Any expert Mr. Knutson may retain for purposes of assisting him in responding to the fee application; and Mr. J.E.H. Knutson;

ATLANTA AUGUSTA CHARLOTTE LONDON NEW YORK RALEIGH STOCKHOLM

WASHINGTON WINSTON-SALEM

Case 1:03-cv-01973-PSF-MJW

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Filed 12/05/2005

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Michael R. McCurdy, Esq. November 30, 2005 Page 2

4.

The review and use of these invoices will be for the sole purpose of responding to the application for attorneys' fees and any appeal associated with the judge's ruling on that issue. The invoices will not be used for any other purpose; and At the conclusion of this litigation, all copies of the Plaintiff's invoices for legal services shall be returned to Plaintiff's counsel.

5.

If this accurately reflects our agreement, I would appreciate your signing below and returning a signed copy of this letter to me. Thank you for your attention to this matter. Cordi y yours,

Richard S. Gottlieb

Michael R. McCurdy Counsel for J.E.H. Knutson RSG:lsa cc: Mr. Mark C. Walker Mr. Douglas B. Leckie Joshua Maximon, Esq.
02560-207219 9050651.1

Case 1:03-cv-01973-PSF-MJW

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Filed 12/05/2005

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Gottlieb, Richard
From: Sent: To: Cc: Michael R. McCurdy [[email protected]] Wednesday, November 30, 2005 12:09 PM Gottlieb, Richard Joshua Maximon (E-mail); [email protected]; Michael R. McCurdy; Colin Walker

Subject: RE: Letter confirming confidentiality agreement Richard, The terms and conditions relative to production of Walker's legal statements are acceptable. Please accept this email as appropriate acknowledgment of my position. Mike

From: Gottlieb, Richard [mailto:[email protected]] Sent: Wednesday, November 30, 2005 8:46 AM To: Michael R. McCurdy Cc: Colin Walker; Joshua Maximon (E-mail); Greer, Laura Subject: RE: Letter confirming confidentiality agreement This time with the attachment. -----Original Message----From: Gottlieb, Richard Sent: Wednesday, November 30, 2005 10:44 AM To: Michael R. McCurdy Esq. (E-mail) Cc: Colin A. Walker Esq. (E-mail); Joshua Maximon (E-mail); Greer, Laura Subject: Letter confirming confidentiality agreement Mike The attached letter confirms your agreement yesterday regarding the terms by which we will keep the law firm billing statements that will be attached to Walker Group's motion for attorneys fees confidential. The terms in this letter mirror the ones in my Nov. 28 letter to you. Please sign where indicated and return to me at your earliest convenience. Thank you. Richard

Richard S. Gottlieb Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, NC 27101-2400 t 336 607 7484 f 336 734 2643

11/30/2005

Case 1:03-cv-01973-PSF-MJW

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Filed 12/05/2005

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Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at 336 607 7300, and destroy the original transmission and its attachments without reading or saving in any matter.

***DISCLAIMER*** Treasury Department Circular 230 Disclosure: To ensure compliance with requirements imposed by the Treasury Department, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein...

11/30/2005