Board Certified
`Personal Injury Trial Law
`Texas Board of Legal Specialization
`
`
`
`TREY YARBROUGH
`Attorney and Mediator
`100 E. Ferguson St., Suite 1015
`Tyler, Texas 75702
`(903)595-3111
`Fax: (903)595-0191
`Email;
`t1-exfiwjreimarbl-ough_c0m
`
`February 17, 2006
`
`Certified Mediator
`State and Federal Courts
`4 9_ National Mediation Academy
`
`Via Overnight Mail
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`600 Dulany Street
`Alexandria, VA 22313-1451
`
`Re:
`
`Opposition No. 91155687; B&B Hardware, Inc. v. Sealtite Building
`Fasteners
`
`To the Honorable Members of the Board:
`
`I enclose the original and one copy of App|icant’s Motion for Protective Order for
`filing among the other papers in the above-captioned opposition proceeding. Please
`return a file-marked copy of this enclosure in the stamped and addressed envelope
`provided. A copy of this enclosure has been furnished to all counsel in the manner
`shown below.
`
`Thank you for your kind attention to the foregoing.
`
`Very truly yours,
`
`Treyérbr ugh
`
`TY/ljc
`Enclosures
`
`cc:
`
`Roger N. Behle (via facsimile)
`Walter Ames (via first class mail)
`Tom Brown (via facsimile)
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`02-21-2006
`U.S. Patent & TMOfcITM Mail Rcpt D1. #34
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`B&B HARDWARE, INC.
`Opposer,
`
`v.
`
`SEALTITE BUILDING FASTENERS,
`Applicant
`
`2
`
`Opposition No. 91155687
`Serial No. 75129229
`
`Applicant's Motion for Protective Order
`
`To the Honorable Trademark Trial and Appeal Board:
`
`Sealtite Building Fasteners, Applicant herein, makes and files this its
`
`Motion for Protective Order and in support of same would respectfully show the
`
`Board as follows:
`
`1.
`
`Applicant, Sealtite Building Fasteners (“Sea|tite"), seeks a protective order
`
`from the Board regarding the attempt by Opposer, B&B Hardware, Inc. (“B&B
`Hardware”) to take the deposition of Sealtite personnel at the law offices of
`
`counsel for B&B Hardware in Costa Mesa, California. Good cause exists for the
`
`granting of such order as set forth below.
`
`2.
`
`On January 12, 2006,
`
`the Board ruled on B&B Hardware's motion to
`
`extend the discovery and testimony periods with respect to this opposition
`
`proceeding. The Board denied B&B Hardware's request to extend the discovery
`
`period, but granted its request to extend the testimony period. The Board’s
`
`ruling was mailed to the parties on January 12, 2006.
`
`

`
`3.
`
`On February 6, 2006, B&B Hardware fonNarded by overnight mail B&B
`
`Hardware,
`
`|nc.’s First Notice of Taking Testimonial Depositions of Sealtite
`
`Building Fasteners’ Personnel to lead counsel for Sealtite, Walter D. Ames, Esq.
`
`A copy of the deposition notice in question is attached as Exhibit A and
`
`incorporated by reference for all purposes. The deposition notice seeks to
`
`compel Sealtite to designate a person or persons to be presented for deposition
`
`examination on February 21, 2006 at the Law Offices of Foley Bezek Behle &
`
`Curtis, LLP, at 575 Anton Boulevard, Suite 710, Costa Mesa, California 93101.
`
`Counsel for B&B Hardware made no effort, prior to the issuance of the deposition
`
`notice, to confer with Mr. _Ames1 regarding an agreeable date, time, or place for
`
`the taking of said deposition.
`
`4.
`
`' Sealtite Building Fasteners is located in Tyler, Texas. Any person who
`
`would be designated to appear for a testimonial deposition on behalf of Sealtite
`
`works and resides in Tyler, Texas or in close proximity thereto. Sealtite does not
`
`maintain any type of office or other location in the state of California.
`
`This
`
`Honorable Board generously granted B&B Hardware an extension of
`
`it’s
`
`testimony period. Sealtite personnel should not be required to travel across the
`
`United States, at considerable expense, for purposes of giving a testimonial
`
`deposition on behalf of the Opposer. Such depositions may be noticed for any
`reasonable time and place in the United States.
`37 C.F.R. 2.123(c). Costa
`
`1 Walter D. Ames, Esquire, has served as counsel for Sealtite Building Fasteners throughout this
`opposition proceeding. He will continue to serve as lead counsel. Of recent, Trey Yarbrough has filed a
`Notice of Appearance as co-counsel and Tom Brown of the firm of Brown, Bauman & Smith has filed a
`Notice of Appearance as “Of Counsel.”
`
`

`
`Mesa, California is not a “reasonable” place. Any such deposition of Sealtite
`
`should be taken in Tyler, Texas.
`
`5.
`
`As of the date of his receipt of the deposition notice, Mr. Ames was
`
`scheduled to leave for Florida on February 10, 2006 for a pre-planned two week
`
`vacation, preventing his availability to be present for a deposition of his client on
`
`February 21, regardless of the situs of the deposition. By fax dated February 8,
`
`2006, Mr. Ames promptly notified
`
`counsel
`
`for B&B Hardware
`
`of his
`
`circumstances and Sea|tite’s position that the deposition situs in Costa Mesa,
`
`California is not a reasonable one. A copy of said fax is attached to this Motion
`
`as Exhibit B and incorporated by reference for all purposes. Under the
`circumstances, February 21, 2006 is not a reasonable time for the taking of the
`
`deposition.
`
`6.
`
`Due to the departure of Mr. Ames for vacation on February 10,
`
`the
`
`undersigned co-counsel has attempted to confer with counsel for B&B Hardware
`
`to determine‘ if
`
`this matter could be resolved by the parties without
`
`the
`
`intervention of the Board. Attached to this motion as Exhibit C is an accurate
`
`copy of a February 15, 2006 fax served upon counsel for B&B Hardware. The
`
`undersigned co-counsel
`
`(Trey Yarbrough) attempted to contact opposer’s
`
`counsel by telephone on February 15, but was advised that counsel was out of
`state. The attorneys subsequently exchanged phone calls and left messages,
`
`but have been unsuccessful in communicating with one another.
`
`7.
`
`Protective orders may be entered as are necessary to protect a party from
`
`annoyance, oppression, or undue burden or expense. F.R.C.P. 26(c). Sealtite
`
`

`
`respectfully requests that the Board enter a protective order designating that any
`
`testimonial deposition of Applicant, Sealtite Building Fasteners, be taken at its
`
`attorney’s offices in Tyler, Texas, where Sealtite and its personnel work and
`
`reside, at a date and time to be agreed upon by the parties or designated by the
`
`Board in the absence of such an agreement.
`
`Wherefore, Applicant, Sealtite Building Fasteners, prays that the Board
`
`enter its protective order granting Applicant the protection requested herein.
`
`Of.Counse|:
`
`Tom Brown
`Brown, Bauman & Smith
`400 E. Fifth Street
`Tyler, Texas 75701
`
`Respectfully submitted,
`
`
`
`- 6718 Wemerly Way
`McLean, Virginia 22101
`
`’
`
`Trey Yarbrough
`100 E. Ferguson St., Suite 1015
`Tyler, Texas 75702
`903/595-3111
`903/595-0191 Fax
`
`Attorneys for Applicant
`
`Certificate Of Service
`
`It is hereby certified that on the 17"‘ day of February, 2006, the foregoing
`App|icant’s Motion for Protective Order was served on Opposer, B&B Hardware,
`Inc. by sending a copy thereof to Roger N. Behle, Jr., Esq., Foley Bezek Behle &
`Curtis, LLP, 575 Anton Boulevard, Suite 710, Costa Mesa, California 92626,
`attorney for opposer, via facsimile transmission.
`
`
`
`

`
`Certificate Of Mailing
`
`It is hereby certified that on the 17"‘ day of February, 2006, the foregoing
`document was deposited with Federal Express overnight mail service and
`addressed to:
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`600 Dulany Street
`Alexandria, VA 22313-1451
`(571) 272-8500
`
`
`
`

`
`.FreciM :
`
`1.1. D. nmes
`
`-1
`
`-
`
`D
`
`.
`
`A
`PHONE ND.
`
`.
`. 72133551737
`
`Feb. 8 221216 4:29PM P3
`
`DI THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`13 &BHARDWARE, 1Nc.,A
`~
`
`OPPOSITION NO. 91155687
`SERIAL NO. 75/129,229
`
`Opposer,
`
`.1
`
`\
`B & B HARDWARE, INC.’S FIRST
`NOTICE OF TAKING TESTIMONIAL
`DEPOSITIONS OF SEALTITE BUILDING
`SEALTITE BUILDING FASTENERS, FASTENERS" PERSONNEL '
`
`vs.
`
`Applicant.
`
`T0 SEALTITE BUILDING FASTENERS AND TO ITS ATTORNEYS OF
`
`RECORD:
`
`PLEASE TAKE NOTICE that pursuant to the provisions of 37 CFR § 2.123 and
`
`37 CFR § 2.116, and Rules 26 and 30(b)(6) of the Federal Rules of Civil Procedure, the
`attorneys for B& B
`]NCrwil1.tnke.thVe following testimonial deposition
`on February 21, 2006, at 9:00 am., at1FOLEY BEZEK EEIILE & CURTIS, LLP, located
`
`at 575 Anton Boulevard, Suite 710, Costa Mesa, CA 93101.
`26“ ofFRCP before
`This.ex_aminat'1on. will be conducted in accordance
`a person authorized to edminister oaths, may be recorded by sound and v-ideo, andwill
`A continue on days to be agreed between the parties.
`The deponent is requested to produce documents at the deposition as described
`
`herein in accordance with Rule 34 of FRCP.
`
`ornoor
`“.7-
`Eo«:0
`
`§
`
`
`
`

`
`F'Rc1iv1
`
`: u. D. nmes
`
`PHONE ND.
`
`3‘ 783356173?
`
`Feb. 8 286 4:36PM P4
`
`1.
`
`Sealtite Building Fasteners
`
`Sealtite Building Fasteners must designate a person or persons to be examined
`
`concerning the following subjects:
`
`1.
`
`2.
`' 3.
`
`The first use of the SEALTITE mark in anywhere.
`
`in interstate commerce.
`The first use ofthe SEALTITE
`The first five (5) sales of products -or services under the SEALTITE
`
`mark.
`
`4.
`
`Efforts to secure trademark registration for the SEALTITE marlg both
`
`with the United States Patent and Trademark Office and in my state.
`
`'
`
`5.
`
`6.
`7.
`
`8.
`9.
`
`The history of Hargis Industries, Inc.
`
`The history of Sealtite Building Fasteners.
`The history ofEast Texas Fasteners.
`
`Types ofproducts and services sold by Hargis Industries, Inc.
`Types ofproducts andservices sold by Sealtite Building Fasteners;
`
`10.
`
`Types ofproducts and services sold by East Texas Fasteners.
`
`11.l':':‘Tiieimethods of advertising and marketing used by iiiirgis Industries;
`Inc.‘
`
`"T
`
`‘T
`
`12.
`
`13.
`
`The methods of adyertising and marketing used by Sealtite Building
`I Fasteners.’
`:
`i
`i
`
`The methods of advertising and marketing used by East Texas '
`
`Fasteners.
`
`

`
`FROM 3 U. D. RMES
`
`PHONE NO.
`
`I 73356173?‘
`
`Feb.
`
`I38 206 4:3PM P5
`
`14.
`
`The name, address, telephone number of all distributors of products
`
`and/or services of Hargis Industries, Inc.-
`
`15.
`
`The name, address, telephone number of all distributors of products
`
`and/or services of Sealtite Building Fasteners.
`
`16.
`
`The name, address, telephone number of all distributorsof products
`
`and/or services of East Texas Fasteners.
`
`17.
`
`telephone nurnber of all retailers" of products
`The name, address,
`and/or services ofHargis Industries, Inc.
`
`18.
`
`The name, address, telephone number of all retailers of products
`
`and/or services of Sealtite Building Fasteners.
`
`19.
`
`The name, address,
`
`telephone number of all retailers of products
`
`and/or services of East Texas Fasteners.
`
`20.
`
`The amount spent annually on advertising and marketing under the
`
`21.
`
`22.
`
`23.
`
`SEALTITE mark.
`
`Any advertising utilizing the SEALTITE mark.
`
`p
`
`Any use of the SEALTITE mark on letterhead, packaging, company
`
`.
`
`.- vzelliieles,-brochures,‘ catalogues, ‘or websites.
`Any ‘incidences of inquiries by customers, distributors,
`
`retailers,
`
`competitors, or others as to vvhether Hargis Industries, Inc. is affiliated
`
`or associated with B&.B Hardware, Inc. or the SEALTIQHI
`
`24.
`
`Any incidences of inquiries by customers, distributors,
`
`retailers,
`
`competitors, or others as to whether Sealtite Building'Fasteners is
`
`

`
`FROM : u'D'.RMES
`
`PHONE NU.
`
`: 73356173?
`
`Feb. 8 2216 4:31PM P6
`
`affiliated or associated with B&B Hardware, Inc. or the SEALTIGHT
`
`mark.
`
`25.
`
`Any incidences of inquiries by customers, distributors,
`
`retailers,
`
`competitors, or others as to whether East Texas Fasteners is affiliated
`
`or associated with B&B Hardware, Inc. or the SEALTIGHT mark.
`
`26.
`
`retailers,
`Any incidences of inquiries by customers, distributors,
`competitors, orvothers as to whether products and/or. services.-soi'd
`under the SEALTITE mark are affiliated or associated with B&B
`
`_~ ; 3.
`
`Hardware, Inc., its products and/or services or the SEALTIGHT mark.
`
`27.
`
`Any incidents of products manufacturedby B&B Hardware, Inc. being
`
`returned to Hargis Industries, Inc, Sealtite Building Fasteners, and/or
`
`East Texas Fasteners.
`
`28.
`
`Any inquiries from customers, distributors, retailers, or competitors
`
`regarding any B&B Hardware, Inc. productand/or service.
`
`, You are -invited. to attend and cross-examine.
`Z
`
`

`
`FROM ‘ U-D-WES
`
`PHONE ND.
`
`: 72133561737
`
`;.-e;_,_ 3 235 @4;31pM P7
`
`Respectfully submitted,
`
`B & B HARDWARE,
`
`C.
`
`
`DATED: January 31, 2006
`
`'
`
`By:
`
`ROGER N. BBHLE, JR., ESQ.
`FOLEY BBZEK BEHLE & CURTIS, LLP
`575 Anton Boulevard, Suite 710
`Costa Mesa, CA 92626
`Telephone:
`(714)556-1700
`Faicsimile:
`(714)546-5005.
`Attorneys for Opposer
`‘
`
`.
`
`'
`
`

`
`F:RUM : U. D. RMES
`
`’
`
`PHONE ND.
`
`: 73356173?
`
`Feb. 28 286 84:31PM P8
`
`PROOF OF SERVICE
`
`The person whose Signature appears below confirms that the attached document has
`
`been served upon the other parties as follows:
`
`On February _(Q, 2006 I served the foregoing B&B HARDWARE, INC.’S FIRST
`
`NOTICE OF TAKING TESIMONIAL DEPOSITIONS OF SEALTITE BUILDING
`
`FASTENERS’ PERSONNEL, by placing true copies thereof enclosed in a scaled envelope(s)
`
`' addressed as follows:
`Walter D. Ames, Esq.
`6718 Wemberly Way
`McLean, VA 22101
`
`D
`III
`
`El
`
`(PERSONAL DELIVERY) By delivering a copy of the paper to the person served;
`(PERSONAL DELIVERY - BUSINESS) By leaving a copy at the usual place of
`business of the person served, with someone in his employment;
`(PERSONAL DELIVERY —- RESIDENCE) By leaving a copy at the residence of the
`person sewed, with ‘ a member of his family over the age of fourteen years and of '
`discretion, since the person served is not believed to have a usual place of business;
`'
`(FIRST-CLASS MAIL) By transmitting a copy of the documents by first-class mail to
`the person served;
`D
`(EXPRESS MAIL) By Transmission via Express Mail Post Office to Addressec service
`D/ ofthe United States Postal Service;
`(OVERNIGHT COURIER) Transmission via overnight courier.
`
`CI
`
`I declare under penalty of perjury under the laws of the State of Califomia and the'United
`
`. States ofAmerica thatthe above is true and correct.
`
`Executed on February _Q;_, 2006 at Costa Mesa, California
`
`
`\
`.
`ROGER N."-BEHLE, JR.,«ESQ;
`
`
`
`'
`
`

`
`FROM : =”'D'“"‘E5
`
`A
`
`7
`
`PHONE NU.
`
`: 72133551737
`
`‘-
`
`Feb.
`
`(38 25 18:41PM P2
`
`, TELEPHONE: (703)356-1737
`
`LAW OFFICE. OF
`
`WALTER D. AM as
`e7Ie7weMaEnI.Y WAY
`MCLEAN, VIRGINIA 22IoI
`
`Feb. 8, 2006
`
`I=AcsIMII.I=.: (703) 44e-so55
`_
`E-MAIL; WDAMESGEARTHLINKNET
`
`Roger N. Behle, Jr., Esq.
`Foley Bezek Behle & Curtis, LLP
`575 Anton Boulevard
`Costa Mesa, CA 92626
`
`'
`
`VIA FAX: (714) 546-5005
`
`Re: B&B Hardware, Inc, v. Sealtite Building Fasteners
`TM Opposition No. 91155687
`
`Dear Mr. Behle:
`
`Your faxed letter of this date is appreciated, and I want to answer it
`immediately as I am scheduled to leave on a long-planned, two-week exodus commencing
`on Feb. 10.
`A
`
`Preliminarily, I note that you are copying Trey Yarbrough, Esq., of Tyler,
`Texas on this correspondence. Please continue to do so. Copying Mr. Yarbrough will
`result in notice to another member of SBF’s legal team, Tom J. Brown, Esq., of
`Brown, Bauman & Smith, 400 East Fifth Street, Tyler, Texas 75701, fax: (903) 597-6335,
`who may also be contacting you directly.
`
`‘Now to the forthcoming “testimonial depositions.” Presuming that these
`.
`depositions are properly framed, I do not believe thatthe situs in-Costa Mesa is a
`“reasonable” one. While I have not yet ascertained those individuals at SBF who would
`respond to your notice, it would be unreasonable to expect a number of persons to go to
`California for a deposition. Their place of business in Tyler would. be the logical and
`convenient place for a deposition to be held, perhaps at'SBF or the offices of oneof their
`above-named counsel.
`
`To be candid, I have not yet had the opportunity to discuss your notice with
`co-counseL At first blush it appears that the noticed depositions are part of discovery, now
`ban-ed,'rather than testimonial, no matter how they are labeled. As a consequence, may I
`suggest that you defer any oral examination of SBF witnesses until cross-examination when
`SBF puts on its testimonial case. You also have your rebuttal testimony period should you
`require same. Otherwise the depositions of SBF personnel will be taken by B&B, then by
`SBF during its testimony period, and then possibly during the rebuttal period, certainly a
`procedure that will cause undue expense and time to be utilized, to the detriment of both
`parties to the opposition. Of’ course we would expect that the testimony of officers of B&B
`...
`aseaor
`Hardware would take place in California
`‘9v-m
`“.3ooco
`'5zu.ID.
`
`PATENT, TRADEMARK, COPYRIGHT AND RELATED INTELLECTUAL PROPERTY CAUSES
`
`
`
`

`
`F'R0m :. u. D. nmes
`
`V PHONE N0.
`
`: 703356173?
`
`Feb. 8 286 1@=42PN P3
`
`Kindly give these suggestions your consideration and, as your proposed date
`is fast upon us, communicate during the next two weeks with either Tom Brown, telephone
`(903) 597-6333 or Trey Yarbrough at (903) 595~3111.
`
`Thank you again for contacting me.
`
`Very truth’ yours,
`
` WDA/ss
`
`via fax:‘(903) 597.5335
`cc. Tom J. Brown, Esq.
`Trey Yarbrongh, Esq. via fax: (903) 595-0191
`
`

`
`It
`
`_
`
`‘
`B°‘“d Cemfieli
`Personal Injury -ma‘ Law
`Texas Board of Legal Specialization
`
`TREY YARBROUGH
`Attorney and Mediator
`100 E. Ferguson St., Suite 1015
`Tyler, Texas 75702
`5
`(903) 595-3111
`Fax: (903)595-0191
`Email:
`trey@treyyarbrougl_1.com
`
`I
`
`_
`
`‘ February 15, 2006
`
`Certified Mediator
`State and Federal Courts
`National Mediation Academy
`
`Via Facsimile to 714 546-5005
`
`Mr. Roger N. Behle, Jr., Esq.
`Foley Bezek Behle & Curtis, LLP
`575 Anton Blvd., Suite 710
`Costa Mesa, CA 92626
`
`Re:
`
`1 TM Opposition No. 91155687: B&B Hardware, Inc. v. Sealtite Building
`Fasteners
`-
`
`Dear Mr. Behle:
`
`‘This will acknowledge receipt of a copy of your fax correspondence to Walter
`Ames dated February 10. Unfortunately, you sent my copy of the fax to my former law
`firm.
`I have not been with that law firm since October 2000.
`I believe you should
`already have in your file a copy of my stationary that providesyou with my contact
`information at the office at which I have been located since that time.
`In any event,
`please note the contact information set forth in my letterhead above. As mentioned, I
`have been at this location since October 2000.
`I
`
`~
`
`My office did not receive a copy of your February 10 correspondence until
`sometime on Monday, February 13, and I did not see it until yesterday at a break during
`depositions in which I was involved for the entirety of the day. Those depositions
`finished yesterday evening after which time I had to immediately leave the office for a
`longstanding commitment. Therefore,
`I am just now in a position to respond to your
`correspondence.‘ As you know, Mr. Ames has been on the road on vacation since this
`past Friday, February 10.,
`
`Let me address certain issues raised by B&B Hardware’s notice to take the
`deposition of Sealtite Building Fasteners and the subsequent correspondence between
`you and Mr. Ames. First, as noted by Mr. Ames, the taking of the deposition at your
`offices in Costa Mesa, California is not a reasonable place. Sealtite Building Fasteners
`is located in Tyler, Texas, and any potential witnesses work _in Tyler and reside in the
`Tyler vicinity.
`Indeed, it should be obvious that Tyler, Texas is the reasonable place to
`take any such depositions, and I am somewhat surprised that you would issue a notice
`for a “testimonial” deposition of our client to be _taken at your offices in California.
`I am
`confident that if a notice was issued for the testimonial deposition of B&B Hardware,
`your client would not expect to travel to my offices in Tyler, Texas for its deposition.
`
`3
`’ $
`33
`
`3E
`
`

`
`Mr. Roger N. Behle, Jr., Esq.
`February 15, 2006
`Page 2
`
`
`
`The situs of this deposition for any location other than Tyler, Texas is not a
`negotiable item for discussion.
`If you wish to insist on an alternative site,
`including
`California, we will need to present that issue to the TTAB for determination. As we are _
`in the process of preparing the appropriate ‘motion, I will call you today to see if an
`agreement can be reached.
`I
`
`I have not even had the opportunity to
`Regarding the date of the deposition,
`speak to Mr. Hargis or other SBF personnel regarding the notice itself. Mr. Hargis’
`mother passed away in Warren, Arkansas last Wednesday, February 8, which appears
`to be the date that your deposition notice was fon/varded to Mr. Ames. Mr.‘ Hargis and
`other Sealtite Building personnel were in Warren, Arkansas at least through the date of
`the funeral which was on February 10.
`I intend to" speak to Mr. Hargis shortly, but I
`suspect that he did not even return to Tyler until Monday of this week.’ Since you did
`not extend us the courtesy of contacting us first to discuss a reasonable date and place,
`we were not in a position to inform you of Mr. Ames’ departure for vacation (he is
`traveling ‘by automobile) and the recent events which have occurred with respect to Mr.
`Hargis and his family.
`
`It is our intent to work in good faith with respect to these matters. However, I do
`not appreciate the issuance of a deposition notice that seeks to compel a company _
`located in Tyler, Texas to appear in Costa Mesa, California within thirteen days without
`any advance discussion beforehand.
`It strikes me as a bit of harassment.
`As soon as I speak with Mr. Hargis and other SBF personnel, I will bein contact
`with you promptly. However, let me reiterate that we will not agree to produce our client
`at your offices in Costa Mesa, California for a testimonial deposition.
`
`Very truly yours,
`
`V Tremrough
`
`TY/ljc
`cc: Walter Ames
`Tom Brown
`
`

`
`._,.