Case 6:17-cv-01217-EFM-ADM Document 27-2 Filed 08/07/18 Page 1 of 5
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`Exhibit A
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`Exhibit A
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`Case 6:17-cv-01217-EFM-ADM Document 27-2 Filed 08/07/18 Page 2 of 5
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`From: Jim Sherry jsherry@mccathernlaw.com
`Subject: RE: LoganTree v. Garmin - Preservation Deposition
`Date: May 2, 2018 at 10:47 AM
`To: Megan Redmond megan.redmond@eriseip.com
`Cc: Adam P. Seitz adam.seitz@eriseIP.com, Cliff Brazil cliff.brazil@eriseip.com, Arnold Shokouhi arnolds@mccathernlaw.com,
`Christopher Barkley chris@barkleyip.com, Collin Quigley cquigley@mccathernlaw.com, Teresa Bautista
`teresa.bautista@eriseip.com
`
`Megan,
`Yes. Mr. Brann has been consulting with his doctors about when he might be able to schedule back surgery and we haven't proposed
`a date for the preservation deposition because he doesn't have that answer yet.
`Jim
`-----Original Message-----
`From: Megan Redmond [mailto:megan.redmond@eriseip.com]
`Sent: Wednesday, May 02, 2018 10:45 AM
`To: Jim Sherry <jsherry@mccathernlaw.com>
`Cc: Adam P. Seitz <adam.seitz@eriseIP.com>; Cliff Brazil <cliff.brazil@eriseip.com>; Arnold Shokouhi <arnolds@mccathernlaw.com>;
`Christopher Barkley <chris@barkleyip.com>; Collin Quigley <cquigley@mccathernlaw.com>; Teresa Bautista
`<teresa.bautista@eriseip.com>
`Subject: Re: LoganTree v. Garmin - Preservation Deposition
`Hi, Jim,
`I wanted to check in on the preservation deposition. Do you still intend to proceed?
`Many thanks,
`Megan
`On Apr 19, 2018, at 9:59 AM, Jim Sherry <jsherry@mccathernlaw.com> wrote:
`Megan,
`Let me know if this one doesn't work. I checked this one and it worked for me.
`https://urldefense.proofpoint.com/v2/url?u=https-3A__www.dropbox.com_s
`h_e6h1sxxr7cpktmo_AAAL-2D-2DLECO4oj684u7bNcjQIa-3Fdl-3D0&d=DwIFaQ&c=eu
`GZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=w8CjWnluawkBWwHLBKotviovGI
`eIOinkSHxdXOXpemk&m=fBuxIRDy3ro9hyq8VHg-XzR8Y-anYHN7pg3uSlMk0_s&s=8Ztt
`VKGKX_melO2nGdqeYJGHMLFP0sxVityoEoKHQoM&e=
`We're working on your other questions.
`Jim
`-----Original Message-----
`From: Megan Redmond [mailto:megan.redmond@eriseip.com]
`Sent: Wednesday, April 18, 2018 8:26 PM
`To: Jim Sherry <jsherry@mccathernlaw.com>
`Cc: Adam P. Seitz
`<https://urldefense.proofpoint.com/v2/url?u=http-3A__adam.seitz-40eris
`eIP.com&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=w8CjW
`nluawkBWwHLBKotviovGIeIOinkSHxdXOXpemk&m=fBuxIRDy3ro9hyq8VHg-XzR8Y-anY
`HN7pg3uSlMk0_s&s=6K4MLRqlRvLEMRWnVupM5qKJsekxzqLmkWZ8lzFIjTI&e=>;
`Cliff Brazil
`<https://urldefense.proofpoint.com/v2/url?u=http-3A__cliff.brazil-40er
`iseip.com&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=w8C
`jWnluawkBWwHLBKotviovGIeIOinkSHxdXOXpemk&m=fBuxIRDy3ro9hyq8VHg-XzR8Y-a
`nYHN7pg3uSlMk0_s&s=DLRc_ZxrFEE566ktucXLLtu4QRxYJIQ1S-Bbor102ts&e=>;
`Arnold Shokouhi <arnolds@mccathernlaw.com>; Christopher Barkley
`<chris@barkleyip.com>; Collin Quigley <cquigley@mccathernlaw.com>;
`Teresa Bautista
`<https://urldefense.proofpoint.com/v2/url?u=http-3A__teresa.bautista-4
`0eriseip.com&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=
`w8CjWnluawkBWwHLBKotviovGIeIOinkSHxdXOXpemk&m=fBuxIRDy3ro9hyq8VHg-XzR8
`Y-anYHN7pg3uSlMk0_s&s=aIzMsLEE1C-NAQDW8-CSMk0gbWt-nWsTaud9tsXvmt0&e=>
`Subject: Re: LoganTree v. Garmin - Preservation Deposition
`
`
`
`Case 6:17-cv-01217-EFM-ADM Document 27-2 Filed 08/07/18 Page 3 of 5
`
`Ie
`
`Hi, Jim,
`On our end, when we try to open the Dropbox folder it notes “Empty.” Would you let us know when the docs land in the folder?
`Thanks much,
`Megan
`On Apr 18, 2018, at 4:56 PM, Jim Sherry <jsherry@mccathernlaw.com> wrote:
`Megan,
`Thank you.
`Below is a Dropbox link to the documents that LoganTree produced in the Fitbit matter pursuant to E.D.T.X. Local Patent Rule 3-
`2, which is basically identical to the District of Kansas Local Patent Rule 3.2(a)-(c).
`https://urldefense.proofpoint.com/v2/url?u=https-3A__www.dropbox.com_
`s
`h_e6h1sxxr7cpktmo_AAAL-2D-2DLECO4oj684u7bNcjQIa-3Fdl-3D0&d=DwIFaQ&c=e
`u
`GZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=w8CjWnluawkBWwHLBKotviovG
`IOinkSHxdXOXpemk&m=pHpsVAbXP987Qy5XOnDY8op4GZ1v0lkf1Nk6gHRKA1k&s=Fqn
`1 D2tQLSIVZJxGUV4lGbhhsdZSPmfQHRtrUypNDz8&e=
`Please note that the documents labeled LT0000562 - LT0001040 (including the two Excel format files, which correspond to the
`PDF pages LT0000799 - LT0001040) were designated "Attorneys' Eyes Only" pursuant to E.D.T.X. Patent Local Rule 2-2, which
`again is basically identical to the District of Kansas Local Patent Rule 2.2. Please ensure that you handle these documents
`consistently with Local Patent Rule 2.2.
`We will follow up again regarding your other requests and dates for the deposition.
`Thank you,
`Jim
`-----Original Message-----
`From: Megan Redmond [mailto:megan.redmond@eriseip.com]
`Sent: Tuesday, April 17, 2018 4:20 PM
`To: Jim Sherry <jsherry@mccathernlaw.com>
`Cc: Adam P. Seitz
`<https://urldefense.proofpoint.com/v2/url?u=http-3A__adam.seitz-40eri
`s>>
`eIP.com&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=w8Cj
`luawkBWwHLBKotviovGIeIOinkSHxdXOXpemk&m=pHpsVAbXP987Qy5XOnDY8op4GZ1v
`0 lkf1Nk6gHRKA1k&s=m01aIeDJwodE8N0aRvfPzIzmukjPVAKzzkXwqIQKIZ8&e=>;
`Cliff Brazil
`<https://urldefense.proofpoint.com/v2/url?u=http-3A__cliff.brazil-40e
`r>>
`iseip.com&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=w8
`WnluawkBWwHLBKotviovGIeIOinkSHxdXOXpemk&m=pHpsVAbXP987Qy5XOnDY8op4GZ
`1 v0lkf1Nk6gHRKA1k&s=avfM_orfHtBURpJ8dYxrifa6HqqdgmYfynpx4u78H8w&e=>;
`Arnold Shokouhi <arnolds@mccathernlaw.com>; Christopher Barkley
`<chris@barkleyip.com>; Collin Quigley <cquigley@mccathernlaw.com>
`Subject: Re: LoganTree v. Garmin - Preservation Deposition
`Importance: High
`Hi, Jim,
`Thank you for your message and I appreciate the follow up call. Obviously, given the circumstances, we do not oppose your
`request.
`We would greatly appreciate it if you could provide us the following as soon as reasonably possible given the timeline we
`discussed:
`- Identification of Asserted Claims
`- Any documents related to the patent (e.g. inventor notebooks or files), its monetization efforts, and the company.
`- Any documents you intend to use at the deposition.
`
`Wn
`
`Cj
`
`
`
`Case 6:17-cv-01217-EFM-ADM Document 27-2 Filed 08/07/18 Page 4 of 5
`
`Many thanks,
`Megan
`On Apr 17, 2018, at 3:53 PM, Jim Sherry <jsherry@mccathernlaw.com> wrote:
`Adam, Megan –
`Ted Brann’s health is precarious and we intend to seek leave of court to take a preservation deposition. Please let us know if
`Garmin would join or oppose that request.
`Thank you,
`Jim
`James E. Sherry
`McCathern, PLLC
`3710 Rawlins Street, Suite 1600
`Dallas, TX 75219
`P 214.273.3280 | F 214.741.4717
`
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`Case 6:17-cv-01217-EFM-ADM Document 27-2 Filed 08/07/18 Page 5 of 5
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`Confidentiality Statement
`This email message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. This
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`recipient or person responsible for delivering this confidential communication to the intended recipient, you have received this
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