Free Motion for Sanctions - District Court of Arizona - Arizona

EXHIBIT H
Case 2:04-cv-00621-SRB Document 108-14 Filed 11/22/2005 Page 1 0f 4

11/11/2211215 14: 15 6212-916-5999 FENNEMURE CRAIG #3 PAGE @2
LA w O F F 1 c E s
FENNEMORE CRAIG
A rizorsssrowm. conronarxotr
euantes nnuerou orruces my
on-eee enum: geez) 916-5325 — PHOENIX, Tucson,
oueet Fax: may e1e-sszs - NooALes,Az; 1.1Nco1.N, NE
°"°"”°°@f°’° w' °°m zoos Norm-1 cenrnm. Avenue
surre reno
enoewm amzoua 85012-2913
PHONE: geozymesoou
eax: re021s1s.ssss
November 11, 2005
VIA FACSIMILE AND REGULAR MAIL
Jordan Meschkow, Esq.
Meschkow & Gresham, P.L.C.
5727 North Seventh Street, Suite 409
Phoenix, Arizona 85014-5818
Re: Coogem v. Awzet
Dear Jlordari:
I am writing to provide you with an answer to your questions regarding the "creation
dates*’ of the images on the CD-ROM Avnet produced on November 17, 2005. After several
conversations with Bob Hackett and Bryan Carter, we can provide the following infomation
with respect to the images:
Directory of \images\souroe_images__from_javed__badar_from_agp
The oldest dates we could locate for these images are Friday July 19, 2002 (Roy Vallee
sitting on the table) and Friday February 7, 2003 (Roy Vallee looking out of the window). As
they ivere used on separate occasions, they were both re-named vel1ee__r.tiH`
· 08/08/2001 04:05 PM 1,955,004 Roy_2.tif
= 06/13/2003 11:01 AM 3,614,324 val]ee_r.tif
Directory of images\0riginal_web_image ___recoverd_from_nrchive_of_1wnet.com
' These dates are the oldest versions of these files we could locate. They were recovered
tromére back-up image of the development web server which we believe was created January 22,
2004,. The 2003 and 2004 creation dates are the dates when those files were added to the
development server. The 2002 creation dates mark when those files were installed on the new
development server when Avnet migrated it to new computer hardware.
1
fi 08/28/2002 02:28 PM 292,929 jpg__72dpi-roy_val1ee_board.jpg
08/28/2002 02:28 PM 26,033 thumbnails-roy_va11ee_boa.rd,ipg
ii 08/28/2002 02:29 PM 6,784,908 tif_300dpi-roy_va1lee_board.tif
‘”c`9a°s‘3’éttP4?ov-00621 -sRB Document 108-14 Fued 11/22/2005 Page 2 of 4

11/11/2@B5 14: 16 sez-911+5999 FENNEMURE CRAIG 1+3 PAGE es
Fnnnnmons CRAIG
Jordan. Meschkow, Esq.
November 11, 2005
Page 2
1 04/04/2003 03:36 PM 53,403 val1ee__r,ipg
2 01/15/2004 12:04 PM 13,903 vallee_r__sma1l,ipg
Directory of \images\original_source__images
We discovered on this set of images that some ofthe "Modified" time stamps had
changed from what they are on Avnet's departmental tileserver and what they are on the CD-
‘ ROM- provided by Avnet. We believe the date changed because the Hle was copied across the
network to Bryan Carter’s workstation, where he created the CD»ROM. Neither Mr. Carter nor
Mr. Hackett were involved with the creation of any of these images, and we have no way of
knowing who actually was responsible for creating each image. We believe that all of the JPG
and TIF itiles in this set were collected together by either Rachel SantaCruz (who is no longer in
the Multimedia Department) or Tuan Thai (who is no longer with Avsnet) in February of 2004
after Avnet had deleted all of the Eles off ofthe web server. These are the oldest version of these
files that we could locate.
Created, Time stamps
10/06/2005 04:30 PM 9,053,983 global _perspeotiVe_b.eps
02/27/2004 08:33 AM 36,344 roy4ink.jpg
· 02/27/2004 08:43 AM 33,908 rv.jpg
02/27/2004 08:43 AM 33,916 vallee.jpg
12/02/2003 04:38 PM 7,271,864 val1ee_smal1.tif
1. 2/02/2003 04:38 PM 7,272,336 va1lee_small_bl11r.tit`
Le Modified, Time stamps
gl 10/06/2005 11:08 PM 9,053,983 global __perspective_b.eps
' 06/27/2001 12:00 AM 36,344 roy4inkjpg
10/06/2005 04:39 PM 33,908 rvjpg
` 10/06/2005 04:39 PM 33,916 valleejpg
10/06/2005 04:40 PM 7,271,864 va11ee_sma11.tif
08/25/2003 10:02 AM 7,272,336 va1lee_small_b1ur.tif
These are the oldest timestamps we can provide for any of these tiles listed above in each
of these groups as all ofthe original workstations and original sewers that were in production at
the time that many of these tiles were created are no longer in service, and we are certain that
they no longer contain the data that was on them when they were in service.
We hope this letter answers your questions. To the extent you require a more detailed
explanation ofthe history of the images, we urge you to depose Messrs. Hackett, Badar, and/or
Bryan Carter.
Additionally, you and I will need to have a conference to discuss a discovery dispute. In
a nutshell, we feel that the discovery propounded by plaintiff is excessive and unduly
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11/11/2@B5 14; 15 682-916-5999 1=E1~1111:Mo12E came 1+2 mee 4
FENN1tM01u1: CRAJG
Jordan Meschkow, Esq.
November ll, 2005
Page ·
burdeixsome. We have counted plaintifl"s various Requests for Admission and Requests for
Production and come up with a total of 722 and 100, respectively. And while the Federal Rules
do not provide a limit to R.FA's or RFP's, courts have the power to limit discovery pursuant to
Fed. R. Civ. P. 26(b)(2) where it is unreasonably cumulative, or where the burden or expense of
the proposed discovery outweighs its likely benefit. We believe this is just such a case. Perhaps
we can reach an agreement whereby you agree to greatly streamline your discovery requests so
that we can provide you with the information you need while adhering to Rule 26(b)'s language
regarding unduly burdensome discovery. If we cannot agree, then we will need to schedule a
conference call with Judge Bolton.
If you still plan to depose A1 Maag before the holidays, he is available December 12-16,
otherwise we will have to wait until January. Mr. Badar is available December l3"‘ and 14th.
_ And finally, please respond at your earliest convenience to my inquiries regarding: (1)
allowing Avnet's expert to review plaintiffs business records; and (2) mediating this matter
before a magistrate. I look forward to hearing nom you. Thank you.
· Sincerely,
FENNEMORE CRAIG
Zy-
_, Charles Houston
CH}·l:paw
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EXHIBIT H
Case 2:04-cv-00621-SRB Document 108-14 Filed 11/22/2005 Page 1 of 4

Case 2:04-cv-00621-SRB

Document 108-14

Filed 11/22/2005

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Case 2:04-cv-00621-SRB

Document 108-14

Filed 11/22/2005

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Case 2:04-cv-00621-SRB

Document 108-14

Filed 11/22/2005

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