Free Declaration - District Court of California - California

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

Document 21-3

Filed 03/12/2008

Page 1 of 7

Exhibit B

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

Document 21-3

Filed 03/12/2008

Page 2 of 7

"Patrick N. Keegan. Esq."

To "'Mark Cramer'" c:mcramer(gkirkland.com::
cc "'linda Bassett'" c:lbassett(gkirkland.com::

c:pkeegan(gkmb-Iaw.com::
... ..

0210712008 11:22 PM

.~..,

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

Mark: Whle I stand by my asserton 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 of Plaitiffs documents. I have repeatedly requested tht the pares 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.

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 - Main line
858-552-6749 - Facsimle

PRIVILEGED AN CONFIDENTIA: This communcation contains confdential inormation which is intended only for the use of the addressee. It may also contai. information that is protected by the Attorney-Client Privilege and/or the Work Product Doctine. Copying or distrbution ofthis coinunication 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: Mark Cramer (mailto:mcramer(§kirkland.com) Sent: Thursday, February 07, 2008 11:04 PM

To: Patrick N. Keegan, Esq.
Cc: Linda Bassett

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

Patrick,
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 earlierthis 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. other hand, you Stanford's invoice from Home Depot's files because we attached it to our motion. On the 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 fie it. I'm in my offce.

Exhibit B
Page 13

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

Document 21-3

Filed 03/12/2008

Page 3 of 7

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 htto:/Iww.kirkland.com/mcramer

.Patrick N. Keegan, Esq." -:pkeegan(1kmb-law.com::
02107/200810:46 PM

To '."Linda Basstt'" -:Ibassett(gkirkland.com=cc "'Mark Cramer''' -:mcramer(gkirkland.com::, "'Stacy Johnson'"

-:sjohnsn(gkmb-Iaw.com=Subjec RE: Stanford v. Home Depot Rule 26 Report - Final Draft t

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 - Main line 858-552-6749 - Facsimile
PRIVILEGED AND CONFIDENTIAL: This communication contains confdential only for the use of

information which is intended

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

and/or the Work Product Doctrine. Copying or distrbution of addressee is prohibited. If system and contact the

this communcation by persons other than the you have received ths communication in error, please delete the message from your 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 07,20089:42 PM To: Patrick N. Keegan, Esq. Cc: 'Mark Cramer'; 'Stacy Johnson' Subject: Stanford v. Home Depot Rule 26 Report - Final Draft

Hi Patrick,

Exhibit B
Page 14

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

Document 21-3

Filed 03/12/2008

Page 4 of 7

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

Ibassetl(lkirkland.com EMAIL

"Patrck N. Keegan, Esq." .:pkeegantgkmb-Iaw.com=02107/200805:24 PM

To "'Mark Cramer''' -cmcramertgkirkland.com=-

cc '''Linda Bassett'" c:lbassetttgkirkland.com::, "'Stacy Johnson'" -csjohnsontgkmb-Iaw.com=Subjec RE: Stanford v. Home Depot Rule 26 Report - DRAFT

t

Sure. I have a prior commitment that I am rwng late for, but how about 6:50 p.m.? Cal my
cell 619-867-2159.
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 - Main line 858-552-6749 - Facsimile

PRIVILEGED AND CONFIDENTIAL: This communcation contains confdential information which is intended only for the use of the addressee. It may also contain information that is protected by the Attorney-Client Prvilege and/or the Work Product Doctine. . Copyig or distrbution of this communication by persons other than the 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 07,20085:04 PM To: Patrick N. Keegan, Esq. Cc: 'Linda Bassett'

Exhibit B
Page 15

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

Document 21-3

Filed 03/12/2008

Page 5 of 7

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 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~kirkland.com email http://ww.kirkland.com/mcramer
.Patrlck N. Keegan, Esq." -cpkeegan~kmb-Iaw.com::
To "'Linda Bassett'" -cibassett~kirkland.com::
02107/200804:06 PM
cc mMark Cramet" -cmcramer~kirkland.com;:

SubjecRE: Stanford v. Home Depot Rule 26 Report - DRAFT

Linda: Attached 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.
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 - Main line .
858-552-6749 - Facsimile

PRIILEGED 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 and/or the Work Product Doctre. Copying or distribution of addressee is prohibited. Uyou 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: Linda Bassett (mailto:lbassettt§kirkland.com)

Exhibit B
Page 16

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

Document 21-3

Filed 03/12/2008

Page 6 of 7

Sent: Thursday, February 07,20082:15 PM
To: pkeegan(§kmb-Iaw.com

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

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 filng, your prompt attention to the Report is much appreciated. Please insert your edits, e-mail the document back to me for final formattng and review. and fax a signed copy of the signature

page.
Sincerely,

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

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

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-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. disclosure or copying of this Unauthorized use, 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.

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

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

Exhibit B
Page 17

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

Document 21-3

Filed 03/12/2008

Page 7 of 7

return e-mail orbye-mailtopostmasterØkirkiand.com. and
destroy this communication and all copies thereof, including all attachments.
* **** * ** * ** * ** ** ** * * * * * ** * * * * * * * * ** * * * ** * * ** ** * ** * * * * *** * * *
** ** * * * * * ** * * * * * * * * * * * * * * * * * * ** * * * * * * ** * ** * * ** * * * * * * * * * * * * *
The information contained in 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

communication is confidential, may be attorney-client privileged, may

consti tute 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-mailtopostmasterØkirkland.com. and
destroy this communication and all copies thereof, including all attachments.

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

Exhibit B
Page 18