Free Notice of Filing Proposed Pretrial Order - District Court of Arizona - Arizona

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile (602) 734-3746 Telephone (602) 262-5311 Peter D. Baird (001978) ([email protected]) Robert H. McKirgan (011636) ([email protected]) Richard A. Halloran (013858) ([email protected]) Kimberly A. Demarchi (020428) ([email protected]) Attorneys for POST Integrations, Inc., et al.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) No. CIV 02-1954-PHX-MHM NOTICE OF FILING AMENDED JOINT PARTIES' EXHIBIT LIST (EXHIBIT 5 TO JOINT PRETRIAL ORDER) (Assigned to The Honorable Mary H. Murguia)

8 Merchant Transaction Systems, Inc., 9 10 11 12 13 vs. Nelcela, Inc., et al., Plaintiff,

Defendants.

) And Related Counterclaims, Cross-Claims, ) 14 and Third-Party Claims. ) ) 15 The Joint Parties hereby submit a revised exhibit list, originally filed as Exhibit 5 to 16 the Joint Proposed Pretrial Order (Docket no. 424). 17 This revised exhibit list adds Exhibits 576-94. Exhibits 576-80 are exhibits to the 18 Complaint filed by Lexcel in this action, which was used as a deposition exhibit and 19 included in the exhibit list appearing as Exhibit 4 to the Joint Proposed Pretrial Order, 20 which included all exhibits used at the depositions in this matter. The Joint Parties 21 subsequently discovered that the version of the Complaint used during the depositions 22 lacked the attachments and have added the attachments as Exhibits 576-80. 23 Exhibits 581-594 are printed copies of files appearing on a CD listed as Exhibit 531 24 in the Joint Parties' Exhibit List filed on January 19, 2006. (Docket no. 424, Ex. 5.) 25 Nelcela has been provided an opportunity to register objections to Exhibits 576-94 26 and its objections are reflected on the attached revised Exhibit 5. 27 28
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DATED this 2nd day of February, 2007 DICARLO CASERTA & PHELPS PLLC Nicholas J. DiCarlo and LAW OFFICES OF WILLIAM McKINNON By s/ William McKinnon William McKinnon Attorneys for Merchant Transaction Systems, Inc. and Gene and Tone Clothier LEWIS AND ROCA LLP By s/ Kimberly A. Demarchi Peter D. Baird Robert H. McKirgan Richard A. Halloran Kimberly A. Demarchi Attorneys for POST Integrations, Inc., Ebocom, Inc., Mary L. Gerdts, and Douglas McKinney BRYAN CAVE LLP By s/ George C. Chen George C. Chen Attorneys for Lexcel, Inc. and Lexcel Solutions, Inc.

CERTIFICATE OF SERVICE I hereby certify that on February 2, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Merrick B. Firestone [email protected] Veronica L. Manolio [email protected] s/ Debi Garrett

Case 2:02-cv-01954-MHM

Document 436 2 Filed 02/02/2007

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