Free Declaration - District Court of California - California

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 1 of 8

Exhibit D

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 2 of 8

Mark Cramer/Los

To "Patrick N. Keegan, Esq." c:pkeegan(§kmb-Iaw.com::
cc Linda BassettLos AngelesYKirkland-Ells(§K&E

Angeles/Kirkland-Ells
02108/200812:07 AM

bcc
Subject Fw: Stanford v. Home Depot Rule 26 Report - Final Draft

Patrick,
I'm at a loss. When we talked earlier tonight, you agreed to provide your client's copy of his invoice, as well as evidence of the amount he actually paid for his water heater, installation, and permit (such as a credit card receipt). You didn't make that promise on the condition that Home Depot provide some sort of discovery in return. Indeed, we discussed how you already had a copy of the invoice from Home Depot's files because it was attached to Home Depot's moving papers. Moreover, you didn't identify or request any additional documentation you needed from Home Depot in order to verify the amount that your client was charged and actually paid for the transaction at issue in this case.
You've made very serious allegations against Home Depot today, going so far as to accuse the company of "perjuring itself' and "falsifying" the invoice dOCument it submitted with its motion to dismiss. I do not take those allegations lightly, which is why I asked you to send me your client's copy of the invoice as soon as possible to see how, if at all, the two invoices differ. You agreed to provide that information when we talked, but at some point between our conversation and the deadline for filing the joint report, you seem to have changed your mind. You didn't respond to my voicemail or myemail below before the filing deadline passed, so we went ahead and filed the version of the joint report you previously signed, despite the fact that that version includes a change you made to Home Depot's portion of the joint report and despite the fact that the sentence yoU deleted from Home Depot's section was accurate.

You and i should talk tomorrow. I hope what happened today is an isolated occurrence and not your standard practice.
- Mark

Mark T. Cramer I Kirkland & Ells LLP 777 South Figueroa Street. 39th Floor Ilos Angeles, CÂ 90017 213.680.8412 direct 1213.680.8500 fax I mcramer~kirkland.com email http://ww.kirkland.com/mcramer
- Forwarded by Mark Cramer/Los Angeles/Kirkland-Ells on 02/07/2008 11 :45 PM Mark Cramerllos

Angeles/Kirkland-Ellis
02107/200811:30 PM

To "Patrick N. Keegan, Esq." c:pkeegan(§kmb-Iaw.com::
cc '''Linda Bassett'" oelbassett(§kirkland.com::

Subject RE: Stanford v. Horn Depot Rule 26 Report - Final Draft~

Patrick,
i agreed to work with you to resolve any discrepancies with respect to the invoice. You have the copy of the invoice from ourfiles and you agreed to provide us with the copy from your client. i haven't refused to a "mutual exchange" of documents. I've refused to engage in full blown initial disclosures and discovery while our motion is pending. Having said that, I'm wiling to cooperate with you (including exchanging

limited and focused types of documents) to get to the bottom of your overcharge claim. Are you reneging
on your agreement to send us a copy of Mr. Stanford's invoice and proof of the amount he paid? I don't understand your reluctance to provide that to us. You could have sent us the document in less time than we've spent having this email exchange.

Exhibit D
Page 25

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 3 of 8

As far as the ClRA letter is concerned, we don't have a copy of the letter. If you sent it on January 4,
2008, we can't seem to locate it. I appreciate your willngness to send us another copy.
Please call me in my offce so we can cut through this more effciently and get the report filed on time.

Thanks,
Mark

Mark T. Cramer I Kirkland & Ells LLP
777 South Figueroa Street. 39th Floor I Los Angeles, CA 90017

213.680.8412 direct 1213.680.8500 fax I mcramer~kirkland.com email http://ww.kirkland.com/mcramer
"Patrick N. Keegan, Esq." -:pkeegan(êkmb-Iaw.com::

..
'0

"Patrick N. Keegan, Esq."

-:pkeegari(§kmb-Iaw.com::
02107/2008 11:22 PM

To "'M~rk Cramer''' oemcramer(§kirkland.com::
cc "'Linda Bassett'" c:lbassett(§kirkland.com::

..'.'¡".

Subject RE: Stanford v. Home Depot Rule 26 Report - Final Draft

Mark: While I stad by my assertion that the invoice you submitted in support

of

Home Depot's

motion to dismiss falsely states that charged, I did not agree to a unlateral exchange ofPlaitifts
documents. I have repeatedly requested that the pares make a mutu exchange. You have
refused. I am willing to fuer discuss these issues with you at a more civilized hour. Note, the

only documents I did agree to produce was the CLRA demand letters and retu receipts which I

previously faxed to Linda on or about Januar 4th.

Patrick N. Keegan, Esq. KEEGAN & BAKR, LLP 4370 La Jolla Vilage Drive, Suite 640 San Diego, Californa 92122 858-552-6752 - Direct line' 858-552-6750 - Main line
858-552-6749 - Facsimile

PRIILEGED AND CONFIDENTIA: This communication contains confdential infonnation which is intended only for the use of the addressee. It may also contain information that is protected by the Attoi;ey-Client Privilege this communication by persons other than the and/or the Work Product Doctrine. Copying or distribution of addressee is prohibited. If you have received this communication in error, please delete the message from your system and contact the sender by reply e-mail or telephone at (858) 552-6750 as soon as possible. Than you.

. .

From: Mark Cramer (mailto:mcramer(§kirkland.com) Sent: Thursday, February 07,200811:04 PM To: Patrick N. Keegan, Esq.
Cc: linda Bassett

Subjec: RE: Stanford v. Home Depot Rule 26 Report :. Final Draft

Exhibit D
Page 26

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 4 of 8

Patñck,
Why did you delete the reference we included that you agreed to produce a copy of Plaintiffs invoice and proof of what he actually paid? When we talked earlier this evening, you agreed to provide that to us. I don't understand why you're deleting it now. Also, the asserton you added to the report that the exchange of information on this issue is somehow one-sided is not accurate. You already have a copy of Mr. Stanford's invoice from Home Depot's files because we attached it to our motion. On the other hand, you didn't attach a copy of Mr. Stanford's invoice to your complaint and we haven't seen a copy of the document that he has in his possession. That's what we discussed earlier and you agreed to send me a copy of the invoice and proof of the amount Mr. Stanford actually paid in order to show whether he was overcharged: Are you changing your position?

Please get back to me as soon as possible. We have less than an hour to finalize this and file it. I'm in my offce.

Mark

Mark T. Cramer I Kirkland & Ells LLP
777 South Figueroa Street. 39th Floor I Los Angeles, CA 90017
213.680.8412 direct I 213.680.8500

fax I mcramer~kirkland.com email

http://w.kirkland.com/mcramer

"Patrick N. Keegan, Esq."

~pkeegan~kmb-Jaw.com;.
02107/200810:46 PM

To '"Linda Bastt'. ~Ibassett~kirkland.com;:

cc "'Mark Cramet" ocmcramer~kirkland.com;', "'Stacy Johnson'"

ocsjohnson~kmb-Iaw.com;'
Subje RE: Stanford v. Home Depot Rule 26 Report - Final Draft

cl

Linda: Attached hereto is my revised draf (makng changes which I believe is consistent with
my conversation with Mark) which I am willng to sign. Shall I fax my signatue to you or Mark?

Patrick N. Keegan, Esq. KEEGAN & BAKR, LLP 4370 La Jolla Vilage Drive, Suite 640 San Diego, California 92122 858-552-6752 - Direct line
858-552-6750 - Mai line

858-552-6749 - Facsimile

PRIVILEGED AND CONFIDENTIAL: This communication contains confidential information which is intended only for ßie use of the addressee. . It may also contain information that is protected by the Attorney-Client Privilege this communcation by persons other than the and/or the Work Product Doctre. Copying or distbution of addressee is prohibited. If you have received this communcation in error, please delete the message from your

Exhibit D
Page 27

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 5 of 8

system and contact the sender by reply e-mail or telephone at (858) 552-6750 as soon as possible. Than you.

From: linda Bassett (mailto:lbassett(§kirkland.com)
Sent: Thursday, February 07, 2008 9:42 PM
To: Patnck N. Keegan, Esq.

Cc: 'Mark Cramet¡ 'Stacy Johnson' .
Subject: Stanford v. Home Depot Rule 26 Report - Final Draft

Hi Patrick,

Attached, please find the final. draft of the Rule 26 Report, with changes incorporated from our discussion

earlier this evening. If you have any edits, please give me a call so that we can discuss and expedite the filing. If you have no changes, please sign and fax the signature page.
Thank you,

Linda Bassetti Kirkland & Ells LLP
777 S. Figueroa St.. Suite 3700 I Los Angeles, CA 90017
(213) 680.8152 DIRECT 1(213) 808-8160 DIRECT FAX

Ibassett/lklrkland.com EMAIL
"Patrick N. Keean, ESQ."

.cpkeean(gkmb-law.com::
0210712008 05:24 PM

To "'Mark Cramer'" .cmcramer(gkirkland.com::

cc "'Linda Basett'" .clbassett(gkirkiand.com~, "'Stacy Johnson" c:sjohnson(gkmb-Iaw.com~
Subje RE: Stanford v. Home Depot Rule 26 Report - DRAFT

ct

cell

Sure. I have a prior commitment that I am ruing late for, but how about 6:50 p.m.? Call my 619-867-2159.

Patrck N. Keegan, Esq.

KEEGAN & BAKR, LLP 4370 La Jolla Vilage Drive, Suite 640
. San Diego, California 92122

858-552-6752 - Direct line 858-552-6750 - Main line

Exhbit D
Page 28

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 6 of 8

858-552-6749 - Facsimle

PRlLEGED AND CONFIDENTIAL: Ths communication contains confidential information which is intended
only for the use ofthe addressee. It may also contain inormation that is protected by the Attorney-Client Prvilege
and/or the Work Product Doctrine. Copyig or distribution of addressee is prohibited. If this communication by persons other than the you have received ths communication in error, please delete the messge from your

system and contact the sender by reply e-mail or telephone at (858) 552-6750 as soon as possible. Than you.

From: Mark Cramer (mailto:mcramerCWkirkland.com)

Sent: Thursday, February 07,20085:04 PM
To: Patrick N. Keegan, Esq. .

Cc: 'linda Bassett'
Subject: RE: Stanford v. Home Depot Rule 26 Report - DRAFT

Patrick,
I've reviewed your changes and there are some issues we should discuss before finalizing this. Are you availa,ble to talk this evening?
- Mark

Mark T. Cramer I Kirkland & Ells LLP
777 South Figueroa Street. 39th Floor I Los Angeles, CA 90017

213.680.8412 direct 1213.680.8500 fax I mcramer~kirkland.com email

http://w.kirkland.com/mcramer
"Patrick N. Keegan, Esq." -cpkeegan(qkmb-Iaw.com=021071200804:06 PM

To "'Linda Bassett"' -clbassett(qkirkland.com:cc "'Mark Cramer''' cmcramer(qkirkland.com=-

Subject RE: Stanford v. Home Depot Rule 26 Report - DRAFT

Linda: Attched hereto is my revised draft of the joint Rule 26f report. Once you have made your final edits, please send it to me for my signatue.

Patrck N. Keegan, Esq.

KEEGAN & BAKR, LLP 4370 La Jolla Vilage Drve, Suite 640

Exhibit D
Page 29

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 7 of 8

San Diego, California 92122 858-552-6752 - Direct line 858-552-6750 - Main line 858-552-6749 - Facsimile

lRILEGED AND CONFIDENTIA: This communication contain confidential information which is intended
only for the use of

the addressee. It may also contain infonnation that is protected by the Attorney-Client Privilege

ths communication by persons other than the you have received this communcation in error, please delete the messge from your system and contact the sender by reply e-mail or telephone at (858) 552-6750 as soon as possible. Than you.
and/or the Work Product Doctrine. Copying or distrbution of addressee is prohibited. If

From: Unda Bassett (mailto:/bassettt§kirkland.com)
Sent: Thursday, February 07,20082:15 PM
To: pkeegant§kmb-Iaw.com Cc:Mark Cramer

Subject: Stanford v. Home Depot Rule 26 Report - DRAFf

Patrick,
Attached please find our draft of the Rule 26 Report to be jointly filed this afternoon. .In light of our short time frame for filing, your prompt attention to the Report is much appreciated. Please insert your edits, e-mail the document back to me for final formatting and review, and fax a signed copy of the signature

page.
Sincerely,

Linda Bassett I Kirkland & Ells LLP
777 S. Figueroa St., Suite 3700 I Los Angeles, CA 90017
(213) 680-8152 DIRECT 1(213) 808-8160 DIRECT FAX

IbassettCikirkland.com. EMAIL

* * * * * * * * * * * * * * * * * ** * * * ** * ** * * * * * * * * * * * ** * * * ** * * * * * * * * ** * * * *

The information contained in this communication is confidential, may be attorney-client privileged, may

consti tute inside information, and is intended only for

return e-mail orbye-mailtopostmasterØkirkland.com. and
destroy this communication and all copies thereof, including all attachments.

the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error ,please notify us immediately by

* * * * * * * * * * * * ** * * * * * * * * * * * * ** * * ** * ** ** * * * * *** * * * * * * * *** * * * * *
* * * * * * * * * * * * *** * *** * ** * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of

Exhibit D
Page 30 .

Case 3:07-cv-02193-LAB-WMC

Document 21-5

Filed 03/12/2008

Page 8 of 8

Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by

return e-mail orbye-mailtopostmaster~kirkland.com. and
destroy this communication and all copies thereof, including all attachments.

* ** ** *** * ** ** * * * * * * * * * * * ** * * * * * * * * * * * * * * * ** * * * * * * * ** * * * * * * *

*** * ** * ** * * * * ***** * * * * * * * * * * * ** * * * * * * * * * * * * * * * ** ** * * * * * * * * *

return e-mail orbye-mailtopostmaster~kirkland.com. and
destroy this communication and all copies thereof, including all attachments.

The information contained in this commuriication is confidential, may be attorney-client privileged, may is intended only for constitute inside information, and the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by

* ** * * ** * ** * * * * * * * * * * * * ** * * * * * ** * * * * * * * ** * * * * * * * * * * * * * * * * * * *

** ******** *** ** ***** * * ** * *** ****** ****** ** *** ********* ** ***
The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by

return e-mail orbye-mailtopostrnaster~kirkland.com. and

destroy this communication and all copies thereof, including all attachments. ** ****** ** ** ******* ** * *** ** ** ** ** ** * **** * * ****** ** * * ** ** ** *

Exhibit D
Page 31