Free Response to Motion - District Court of Arizona - Arizona

Mlerclzant Transaction Systems, Inc.
Nelcela, Inc., et al.
And related Cross and T hird-Party Claims
No. CI V—02-I 954-PHX-MHM
(Nelcela, Inc., Len Campagna and Alec Dollarlzide’s Response to Joint
Parties’ Motion in Limine No. 3 to Exclude Expert Testimony
Regarding I.excel’s Copying, Content of hte 1994/95 Disks, and the
Improper Analysis by the "Codematclz " T oob
EXHIBIT F
(Second email from Richard Halloran
dated December 8, 2006) s
Case 2:O2—cv—O1954-I\/IHI\/I Document 435-7 Filed O2/O2/2007 Page 1 of 3

Veronica L. Manolio L
From: l-lalloran, Rick [[email protected]]
Sent: Friday, December 08, 2006 10:52 AM
To: Veronica L. Manolio
Cc: McKirgan, Robert; Demarchi, Kimberly; Baird, Peter; [email protected]; Nick
DiCarlo; William McKinnon; Merrick B. Firestone
Subject: RE: Lexcel Diskettes produced by Nelcela
Veronica — You and your clients disclosed the diskettes and evidently intend to use i
them at the upcoming trial. We are, of course, entitled to examine the actual L
materials which have been disclosed as evidence to determine its authenticity. We
have reason to believe the copies ofthe diskettes you produced might not be accurate r
reproductions of the original diskettes Lexcel provided to Mr. Dollarhide in 1995 for
delivery to CCS. Accordingly, we would like to inspect the diskettes you and your -
client have disclosed. Fm not sure why; our request to examine the materials that your L
clients chose to disclose should cause you any concern. This isn't "discovery" but f
rather confirmation ofthe authenticity of the evidence you and your clients have
disclosed. Is this really an issue that we need to take to Judge Murguia? <
Richard A. Holloron l Lewis ond Roco LLP l (602) 262-0213
From: Veronica L. Manolio [mailto:[email protected]]
Sent: Friday, December 08, 2006 10:45 AM ;
To: Halloran, Rick; Merrick B. Firestone
Cc: McKirgan, Robert; Demarchi, Kimberly; Baird, Peter; [email protected]; Nick DiCarlo; William L
McKinnon E
Subject: RE: Lexcel Diskettes produced by Nelcela 5
Rick, i
Discovery is closed. We disclosed those diskettes months and months (if not years) ago, f
and there has never been any request for inspection at ali. We are not going to ignore 9
Judge Murguia and re—open discovery at this point.
-—--— Original Message —-—-— .
From: I-lalloran, Rick [mailto:Rl—[email protected]] %
Sent: Thursday, December 07, 2006 11:26 AM
To: Merrick B. Firestone; Veronica L. Manolio %
Cc: McKirgan, Robert; Demarchi, Kimberly; Baird, Peter; [email protected]; Nick DiCarIo;
William McKinnon `
Subject: Lexcel Diskettes produced by Nelcela
:02- - 1 4- - ` L
1 cv 0 95 MHM Document 435 7 Filed 02/02/2007 Page 2 of 3 ,

Merrick & Veronica - We would like to inspect the original diskettes Mr.
Dollarhide received from Lexcel in 1995, including a forensic examination of z
the diskettes. Please let me know when and where the diskettes will be made (
available for inspection.
Ricbcird A. Hoiioron ( Lewis cmd Roco LLP l (602} 262-02i 3
For more information about Lewis and Roca LLP, please go to
www.lewisandroca.com.
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