jbil'tltflibabc com
`
`Joseph 8. Bird iii
`Partner
`liltrcCL: (205) 52 l 447.}
`
`May 20, 2014
`
`Via email andy@andymaslow.com
`
`Andrew D. Maslow, Esq.
`PO. Box 802
`
`Teton Village, WY 83025
`
`Re:
`
`Cablz Inc. v. Croakies, Inc., United States District Court for the Northern
`District of Alabama; Case No. 2:14-cv-00126-SGC
`
`Dear Andy,
`
`You are lead counsel for Croakies Inc. in the above case (“the Croakies case”), and also
`for John Krisik.
`
`We are counsel for Cablz inc.
`
`in the above case, and also in another case in the same
`
`court against Chums, Inc., Case No. 2:14-cv-0009l SLB (“the Chums case”). Chums listed Mr.
`Krisik as a witness to supp01t its case in its Initial Disclosures, and Chums counsel has said Mr.
`Krisik will appear to testify on behalf of Chums at the trial of the Chums case during the week of
`December 1.
`
`Cablz, Inc. has noticed for deposition and subpoenaed Krisik and Croakies (under Rule
`30(b)(6)‘) for June 5 in the Chums case. You are in receipt of these notices and subpoenas, as the
`dcponcnts were properly served on May 8. The Croakies case is not on the same schedule as the
`Chums case.
`‘
`
`You have requested Cablz’ depositions of Krisik/Croakies in the case against Chums also
`be taken in the case against Croakies. You and your clients (John Krisik and Croakies) are
`available on June 5 for these depositions, assuming we reach an agreement acceptable to
`Croakies.
`
`One of the difficulties in acceding to your request is that Croakies has not yet filed a
`responsive pleading nor has it answered any discovery, and you acknowledge that we could not
`he expected to agree to limit our rights to depose Krisik and Croakies without the opportunity, in
`advance of the depositions, to learn what their responses would be.
`
`We have discussed the outline of an agreement to accomplish your request, and following
`is our formal proposal:
`
`112627349]
`
`Page 1
`
`CABLZ EX 2004
`
`

`

`Andrew D. Maslow, Esq.
`Mav 20 2014
`
`1. No later than Saturday, May 31 Croakies will deliver to Cablz by email or by express
`courier delivery:
`
`limitation, product
`(including, without
`things
`a. Copies of documents or
`specimens) responsive to the subpoenas/notices of deposition served May 8.
`
`b. Any responsive pleading to the Complaint against Croakies.
`
`c. Croakies’ verified answers to interrogatories similar to #11 ll, 13, 16, 18 and
`20 in the discovery to Chums which I sent yesterday by email.
`
`d. Any and all written or recorded communications between Croakies and Cablz.
`
`e. Any and all written or recorded statements or communications of Cablz with
`any person regarding prior art or prior products or
`the validity of US
`8,366,268 to Williams “(the ‘268 patent”).
`
`f. Copies of documents or'things (including. without
`specimens) identified in l.a-e., above.
`
`limitation, product
`
`qO
`
`in its
`The sufficiency of the responses in 1.a—f. will be determined by Cablz,
`sole discretion, no later than June 3 and, if Cablz deems them insufficient,
`Cablz will notify you and no further agreement will exist between the parties.
`
`2. Upon successful completion of number 1, above, Cablz agrees the depositions of
`Krisik and Croakies would also be taken in the Croakies case on any question
`involving the validity of the ‘268 patent, but not on any other question in the Croakies
`case. That
`is, Cablz would agree not to re—depose Krisik/Croakies on the validity
`question of the 6268 patent, provided that Cablz could re—depose Krisik/Croakies later
`in the Croakies case regarding:
`
`a.
`
`any matter not covered in the June 5 depositions; or
`
`b.
`
`any prior art, prior product or other invalidity argument not provided by
`Croakies to Cablz pursuant to the terms of number 1, above.
`
`3. This agreement will have no effect on the scope of Cablz’ examination of
`Krisik/Croakies in the Chums case pursuant
`to the notices of deposition and
`subpoenas served on them.
`
`4. This agreement shall apply only to the case of Cablz, Inc. v. Croakies, Inc., United
`States District Court for the Northern District of Alabama; Case No. 2:14—cv—001 26-
`
`SGC, and not to any other case.
`
`if you agree, please execute on the space provided below, and return to me. If you do not,
`we will proceed with the depositions as noticed and subpoenaed for June 5.
`
`l/2627349.l
`
`Page 2
`
`CABLZ EX 2004
`
`

`

`Andrew D. Maslow, Esq.
`
`Mav 20 2014
`
`Very sincerely,
`
`
`
`Joseph S. Bird 1111
`
`Accepted:
`
`
`
`Andrew D. Maslow, Esq.
`Lead Counsel for Croakies, Inc.
`
`Date:
`
`
`
`1/2627349 1
`
`Page 3
`
`CABLZ EX 2004
`
`