Free Declaration - District Court of California - California

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

Document 21-4

Filed 03/12/2008

Page 1 of 7

Exhibit C

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

Document 21-4

Filed 03/12/2008

Page 2 of 7

Mark Cramer/Los

To "Patrick N. Keegan, Esq." -:pkeegan(gkmb-Iaw.com::
cc "'Linda Bassett'" -:Ibassett(gkirkland.com::

AngeleslKrkland-Ells
02/07/2008 11 :30 PM

bcc
Subject RE: Stanford v. Home 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 our files 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 willng 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.

As far as the elRA 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(gkirkland.com email http://ww.kirkJand.com/mcramer
"Patrick N. Keegan, Esq." -:pkeegan(gkmb-Iaw.com::

..

ia..

.Patrick N. Keegan, Esq." -:pkeegan(gkmb-Iaw.com::
02107/200811:22 PM

To "'Mark Cramer''' -:~cramer(gkirkland.com;:
cc "'Linda Bassett'" -:Ibassett(gkirkland.com::
Subject RE: Stanford v. Home Depot Rule 26 Report - Final Draft

motion to dismiss falsely states that charged,

Mark: Whle I stad by my asserton that the invoice you submitted in support of Home Depot's Plaintiffs I did not agree to a unlateral exchange of documents. I have repeatedly requested that the paries make a mutual exchange. You have

refused. I am willng 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.

Patrck N; Keegan, Esq.

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

Exhibit C
Page 19

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

Document 21-4

Filed 03/12/2008

Page 3 of 7

858-552-6752 - Direct line 858-552-6750 - Main line 858-552-6749 - Facsimile

PRIEGED AND CONFIDENTIA: This communication contains confidential information which is intended the addressee. It may also contain information that is protected by the Attorney-Client Privilege only for the use of
this communication by persons other than the and/or the Work Product Doctrine. Copyig or distrbution of addressee is prohibited. Uyou have received this communication in eror, please delete the message from your contact the sender by reply e-mail or telephone at (858) 552-6750 as soon as possible. Than you. system and

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

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

Patrck,
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 assertion 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. didn't attach a copy

our motion. On the other hand, you

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 1213.680.8500 fax I mcramer~kirkland.com email htlD:/lww.kirkland.com/mcramer

"Patrick N. Keean, Esq."

cpkeeanigkmb-Iaw.com:.
02107/200810:46 PM

To "'Linda Bassett"' clbasslt~kirkland.com;:
cc "'Mark Cramer' cmcramer~kirkand.com:., "'Stacy Johnson'"

csjohnson~kmb-aw.com:.
Subje RE: Stanford v. Home Depot Rule 26 Report - Final Draft

ct

Exhibit C
Page 20

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

Document 21-4

Filed 03/12/2008

Page 4 of 7

Linda: Attched 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?
Patrck N. Keegan Esq.
KEEGAN & BAKER, LLP 4370 La Jolla Vilage Drive, Suite 640 San Diego, California 92122 858-552-6752 - Direct line 858-552-6750 - Main line 858-552-6749 - Facsimile

PRIVILEGED AND CONFIDENTAL: This communicaton contains confidential information which is intended only for the use of the addressee. It may also contain inonnation that is protected by the Attorney-Client Privilege and/or the Work Product Doctre. Copying or distrbution of this commuiication by persons other than the addressee is prohibited. If you have received this communcation 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. Thank you.

From: Linda Bassett (mailto:lbassett(§kirkland.comJ
Sent: Thursday, February 07, 2008 9:42 PM

To: Patrick N. Keegan, Esq. Cc: 'MarkÜamer'; 'Stacy Johnson'
Subject: Stanford v. Home Depot Rule 26 Report - Rnal Draft

Hi Patrick,

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

filing. If you have no changes, please sign and fax the signature page. .
Thank you,

earlier this evening. If you have any edits, please give me a call so that we can discuss and expedite the

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

"Patrick N. Keegan, Esq."

-:pkeegancgkmb-Iaw.com:02107/200805:24 PM

To "'Mark Cramer'" -:mcrmercgkirkland.com:-

cc mUnda Bassett'" -:lbasseUcgkirkland.com:-, '"Stacy Johnson'"

.:johnsoncgkmb-Iaw.com;:
. Subje RE: Stanford v. Home Depot Rule 26 Report - DRAFT cI

Exhibit C
Pa.ge 21

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

Document 21-4

Filed 03/12/2008

Page 5 of 7

cell

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

Patrck N. Keegan, Esq.

KEEGAN & BAKR, LLP 4370 La Jolla ViIagè Drve, Suite 640 San Diego, Californa 92122 858-552~6752 - Direc(Jine 858-552-6750 - Main line 858-552-6749 - Facsimile
PRIVILEGED AND CONFIDENTIAL: This communication contains confidential information which is intended
only for the use of

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

this communication by persons other than the 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.
and/or the Work Product Doctrine. Copying or distrbution of addressee is prohibited. If

From: Mark Cramer (mailto:mcramer(Qkirkland.com)

Sent: Thursay, February 07,20085:04 PM To: Patrick N. Keegan, Esq.
Cc: 'Linda Bassett'
Subjec: 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 available 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(gkirkland.com email

http://w.kirkland.com/mcramer
"Patrick N. Keegan, Esq." -cpkeean~kmb-'aw.com;:
02107/200804:06 PM
To "'Linda Basett'" -clbassett~kirkland.com;.

cc ."'Mark Cramer'" -cmcramer~kirkland.com;.

Subjec RE: Stanford v. Home Depot Rule 26 Report - DRA

Exhibit C
Page 22

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

Document 21-4

Filed 03/12/2008

Page 6 of 7

Linda: Attched hereto is my revised draf of the joint Rule 26f report. Once you have made your final edits, please send it to me for my signature.
Patrick N. Keegan, Esq. KEEGAN & BAKER, LLP 4370 La Jolla Vilage Drve, Suite 640 San Diego, Californa 92122 858-552-6752 - Direct line 858-552-6750 - Main line
858-552-6749 - Facsimile

PRlEGED AND CONFIDENTIAL: This communication contains confidential information which is intended
only for the use of the

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

. . and/or the Work Product Doctre. Copying or distribution of this communication by persons other than the you have received this communcation in error, please delete the message from your addressee is prohibited. If 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:lbassettCWkirkland.com)

Sent: Thursday, February 07,20082:15 PM
To: pkeeganCWkmb-law.com

Cc: Mark Cramer
SUbjec: Stanford v. Home Depot Rule 26 Report - DRAFT

Patrick,
Attched 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 SL, Suite 3700 I Los Angeles, CA 90017

(213) 680-8152 DIRECT 1(213) 808-8160 DIRECT FAX

Ibassett(lklrkland.com EMAIL

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Exhibit C
Page 23

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

Document 21-4

Filed 03/12/2008

Page 7 of 7

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
The'

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

*** * * * ** * * * * * * * * * * * * * ** * * * * ** ** * *** **** * ** * * **** ** ** * * * ** * *
* * * * * * * * ** * * ** * ** * * * * * * * * ** * * ** * * * * * * * * * * ** * * * ** * ** * * * * * ~ * *

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 received this and may be unlawfuL. If you have 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 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-mailtopostmasterêkirkland.com. and
destroy this communication and all copies thereof, including all attachments.

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 cowmunication in error, please notify us immediately by

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

Exhibit C
Page 24