Free Affidavit in Support of Motion - District Court of Arizona - Arizona

Case 2:02-cv-02255-PGR Document 157-15 Filed O9/29/2005 Page1 013

VVILMER CUTLER PICKERING M
HALE ANDDORRtt» Ag fit 212:;;
Wendy A. Harris
399 PARK Avenue
New rome uv 10022
+i 212 zi0884z
March 9, 2005 +1 212 230 8888 tax
wendy.hanis@w1|memale.com
By Facsimile and Rev, ular Mail
Timothy Becker
Zimmerman Reed, P.L.L.P.
651 Nicollet Mall, Ste 501
Minneapolis, MN 55402
Re: Hczritos v. American Express Financial Advisors Inc.,
Case No. 02-2255 — PHX — PGR (D. Ariz.)
Dear Tim:
This letter is a response to your emails of March 1, 2005 and March 8, 2005 regarding
outstanding discovery issues discussed during the February 24 meet and confer. As you noted,
the meet and confer was very productive and l appreciate your time and attention to the matters
discussed.
First, the Revised lnterrogatories and Requests for Admission sent to Plaintiffs John
Haritos, David Austin, Emily Austin and Omar Shahine do not represent the "extent of the
discovery" Plaintiffs agreed to provide supplemental answers to during the meet and confer.
They represent only those interrogatories and requests that defendants agreed to revise. Plaintiffs
agreed, in addition, to provide supplemental responses to Requests for Admission No. 2 ("You
read all or part of the FAS Agreement prior to signing the document"), No. 6 ("You read all or a
ponion of your Financial Plan received from AEFA"), and lnterrogatory No. 12 (Please identify
and describe the date on which you read the FAS Agreement..."). Plaintiffs also agreed to
provide answers to Request for Admission No. 3 ("You received an FAS Brochure before or at
the time you signed the FAS Agreement") and Request for Admission No. 4 ("You read all or
pan of the FAS Brochure").
The parties also agreed that Plaintiffs’ counsel would review lnterrogatory No. 9
("ldentify and describe the alleged material misrepresentations or omissions made to you by
AEFA") with the Plaintiffs and lnterrogatories 17 (describe the date(s) on which the Financial
Plan was read. . .") and 18 (identify and describe each Product you purchased. . .") with David and
Emily Austin.
Second, we are in receipt of your March 3, 2005 letter in which you provide a list of
search terms and AEFA custodians to add to those proposed by AEFA on December 9, 2004. lt
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Case 2:O2—cv—O2255—PGFt Document 157-15 Filed O9/29/2005 Page 2 of 3

is simply not possible to produce this volume of emails by March 18, 2005, as you request.
However, we are in the process of reviewing your proposed search terms and list of custodians
and will respond shortly with any comments we may have with respect to your proposal.
Third, with respect to the 30(b)(6) deposition we will provide the name of a designated
witness(es) within the next week and his or her availability. ln addition, we do not object to
providing documents setting forth AEFA’s corporate structure "in lieu of [Plaintiffs] taking a
30(b)(6) deposition on this topic."
Please do not hesitate to contact me with any questions. I look forward to speaking with
you soon.
Sincerely,
A
Wei A. Harris
cc: Jon E. Drucker, Esq.
USIDOCS 5006517v2
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