Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA713182
`ESTTA Tracking number:
`12/08/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92060312
`Plaintiff
`E.S. Cruz, DMD, Inc.
`DOUGLAS H MORSEBURG
`LEECH TISHMAN FUSCALDO & LAMPL
`100 CORSON STREET 3RD FLOOR
`PASADENA, CA 91103-3842
`UNITED STATES
`dmorseburg@leechtishman.com, IPdocket@leechtishman.com, jhar-
`gis@leechtishman.com
`Other Motions/Papers
`Douglas H. Morseburg
`dmorseburg@leechtishman.com, litdocket@leechtishman.com,
`echoe@leechtishman.com
`/douglashmorseburg/
`12/08/2015
`20151207 Declaration of DHM.pdf(1711283 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Cancellation No. : 92060312
`
`Registration Nos.: 4162259
`
`
` 4218810
`
`SMILE NOW
`Marks:
`
`SMILE NOW DENTAL and Design
`
`
`
`
`
`E.S. CRUZ, DMD, INC.,
`
`
`Petitioner,
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`_____________________________________ )
`
`
`
`v.
`
`
`ANWAR PHAM, PLLC,
`
`
`Registrant.
`
`DECLARATION OF DOUGLAS MORSEBURG
`
`I, Douglas H. Morseburg, declare as follows:
`
`1. I am a member of the State Bar of California and am the attorney for Petitioner E. S.
`
`Cruz, DMD, Inc. (“Petitioner”) in this proceeding. I have personal knowledge of the
`
`facts set forth below.
`
`2. Registrant’s motion is based upon the argument that the Petitioner is no longer
`
`interested in this case. That is not true. On November 17, 2015, within two hours
`
`after I received the instant motion via email, I contacted counsel for Registrant and
`
`offered to have the discovery conference before the end of that current week. A true
`
`and correct copy of my email to Registrant’s counsel, Trevor Cloak, offering to hold
`
`the conference, is attached hereto as Exhibit “A”.
`
`3. In fact, the parties conducted the discovery conference via telephone two days later,
`
`on November 19, 2015. I personally participated in the conference with Melanie
`
`Miller, one of Registrant’s counsel. A true and correct copy of an email I sent to Ms.
`
`- 1 -
`
`
`
`
`
`

`
`Miller following the conference is attached as Exhibit “B”. The email has been
`
`redacted to delete matter related to a potential settlement between the parties.
`
`Inasmuch as the parties have now held their discovery conference, Registrant’s
`
`request for a show cause order is now moot.
`
`4. Due to the press of business in a patent infringement litigation matter, I did not
`
`respond to several emails from counsel for Registrant seeking a date for the parties’
`
`discovery conference. However, that matter is now concluded and Michael Metcalfe,
`
`an attorney in this firm’s Pittsburgh office, has agreed to assist me in this proceeding.
`
`Thus, I anticipate that there will be no further communication issues between the
`
`parties with respect to this proceeding.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct and that this declaration has been electronically signed at Pasadena, California
`
`/douglashmorseburg/
`Douglas H. Morseburg
`
`
`
`
`
` 
`
`
`
`
`
`
`
`on December 7, 2015.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 2 -
`
`

`
`CERTIFICATE OF TRANSMISSION
`
`
`
`This is to certify that this Declaration of Douglas Morseburg was filed electronically with
`
`the Trademark Trial and Appeal Board via transmission through ESTTA on December 7, 2015.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/Esther J. Choe
` Esther J. Choe
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`It is hereby certified that a true and correct copy of the foregoing Declaration of Douglas
`
`Morseburg was emailed and mailed on December 7, 2015 via First Class Mail, postage prepaid,
`
`to counsel of record for Registrant:
`
`
`
`Camille M. Miller;
`cmiller@cozen.com;
`Melanie A. Miller;
`mmiller@cozen.com;
`J. Trevor Cloak;
`jcloak@cozen.com;
`COZEN O'CONNOR
`One Liberty Place
`1650 Market Street, Suite 2800
`Philadelphia, PA 19103
`
`Attorneys for Registrant Anwar Pham, PLLC
`
` /s/Esther J. Choe
` Esther Choe
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`
`EXHIBIT A
`EXHIBIT A
`
`
`
`

`
`Douglas H. Morseburg
`
`From:
`Sent:
`To:
`
`Cc:
`
`Subject:
`
`Dear Trevor:
`
`Douglas H. Morseburg
`Tuesday, November 17, 2015 10:49
`Cloak, J. Trevor
`
`Miller, Camille; Esther J. Choe; Branka, Catherine M.; Reginelli, Terri; Douglas H.
`Morseburg; Esther J. Choe; Amanda Ardila
`RE: 361215.000 Anwar Pham/E. S. Cruz
`
`Thank you for your email and your motion. Please accept my apologies for ignoring you.
`
`Our client has not lost interest in the proceeding. We can have the discovery conference this week at your
`convenience. However, I will be traveling on Friday, November 20 so my availability on that day will be limited. Please
`
`let me know what time works best for you.
`
`Sincerely,
`
`Doug.
`
`Douglas Morseburg
`dmo abur
`leechtlsh an.co
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`1oo Corson Street, 3"’ Floor
`Pasadena, California 91103
`leechtishman.com
`
`PITTSBURGH l CHICAGO l LOS ANGELES I NEW YORK | WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential
`and exempt from disclosure under applicable law.
`If you are not the intended recipient, or the employee or agent
`responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
`distribution or copying of this communication is strictly prohibited.
`If you have received this communication in error,
`please notify us immediately via email at dmor5eburg@|eechtish_rnan.com or by telephone at 626.356.1217. Thank you.
`
`From: Cloak, J. Trevor [mailto:JC|oak@cozen.com]
`Sent: Tuesday, November 17, 2015 08:47
`To: Douglas H. Morseburg
`Cc: Miller, Camille; Esther J. Choe; Branka, Catherine M.; Reginelli, Terri
`Subject: 361215.000 Anwar Pham/E. S. Cruz
`
`Doug,
`
`Please find attached a copy of the motion for sanctions that we filed today with the Board along with associated
`
`exhibits. We are serving a hardcopy via First Class Mail today as well.
`
`Sincerely,
`
`EXHIBIT A, Page 1 of 4
`EXHIBIT A, Page 1 of4
`
`

`
`Trevor
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street, Suite 2800 | Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map I cozen.com
`
`From: Cloak, J. Trevor
`
`Sent: Monday, November 9, 2015 6:05 PM
`
`To: ‘Douglas H. Morseburg'
`Cc: Miller, Camille; 'EstherJ. Choe'
`
`Subject: RE: Anwar Pham/E. S. Cruz
`
`Doug,
`
`Please provide a response to my email below. To date, we have not yet had our mandated discovery conference and
`initial disclosures are due on the 17"‘ of November 2015. Please advise when you are available this week to have our
`discovery conference. We will be seeking Board intervention if we do not receive a prompt response.
`It is well past
`
`time to get this wrapped up and the radio silence on your part is getting to be ridiculous.
`
`Thanks,
`
`Trevor
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street, Suite 2800 | Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map | cozen.com
`
`From: Cloak, J. Trevor
`
`Sent: Monday, October 12, 2015 5:56 PM
`
`To: ‘Douglas H. Morseburg'
`Cc: Miller, Camille; Esther]. Choe
`
`Subject: RE: Anwar Pham/E. S. Cruz
`
`Doug,
`
`As you are aware, the Board reset the deadlines in connection with the above-referenced matter as the parties never
`had their required discovery conference (despite our request to do so on multiple occasions). The new deadline is the
`18"‘ of October.
`
`Please advise as to when you are available in the next couple of days to have this conference.
`
`Thank you,
`
`Trevor
`
`2
`
`EXHIBIT A, Page 2 of 4
`EXHIBIT A, Page 2 of 4
`
`

`
`J. Trevor Cloak
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street | Philadelphia. PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map | cozen.com
`
`From: Douglas H. Morseburg [mailto:dmorseburg@LeechTishman.com]
`Sent: Monday, August 31, 2015 7:40 PM
`To: Cloak, J. Trevor
`
`Cc: Miller, Camille; Douglas H. Morseburg; EstherJ. Choe
`
`Subject: RE: Anwar Pham/E. S. Cruz
`
`That's fine.
`
`Douglas Morseburg
`Qmorsgburg_@lgechglshman.cQrn
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`100 Corson Street, 3"’ Floor
`Pasadena, California 91103
`Ieechtishman.com
`
`PITTSBURGH I CHICAGO I LOS ANGELES I NEW YORK I WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`From: Cloak, J. Trevor [n'1ailto:JCloak@co2en.com]
`Sent: Monday, August 31, 2015 15:47
`To: Douglas H. Morseburg
`Cc: Miller, Camille
`Subject: RE: Anwar Pham/E. S. Cruz
`
`Doug,
`
`We can agree to two week extension, provided you agree to a thirty—day suspension of all deadlines pending
`
`If you agree to such a suspension of all deadlines, please prepare an appropriate consent motion and file it
`negotiations.
`with the Board.
`
`Thanks,
`
`Trevor
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street I Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email I Bio | Map | cozen.com
`
`From: Douglas H. Morseburg [mai|to:Clrrlorseburg@' LeechTishman.com]
`Sent: Monday, August 31, 2015 4:27 PM
`To: Cloak, J. Trevor
`
`Cc: Douglas H. Morseburg
`Subject: Anwar Pham/E. S. Cruz
`
`3
`
`EXHIBIT A, Page 3 of 4
`EXHIBIT A, Page 3 of 4
`
`

`
`Trevor:
`
`May we have a two—week extension to respond to the discovery requests you served in the above matter?
`
`Please advise.
`
`Sincerely,
`
`Doug Morseburg
`
`Douglas Morseburg
`dmorsebur
`Ieechtishman.com
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`100 Corson Street, 3"’ Floor
`Pasadena, California 91103
`Ieechtishman.com
`
`PITTSBURGH | CHICAGO | LOS ANGELES | NEW YORK | WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`Please note our new address: Cozen O'Connor, One Liberty Place, 1650 Market St.,
`
`Philadelphia, PA 19103. Telephone and facsimile numbers have not changed.
`
`Notice: This communication, including attachments, may contain information that is confidential and protected by the
`attorney/c/ient or other privileges. It constitutes non-pub/ic information intended to be conveyed only to the designated
`recipient(s). If the reader or recipient of this communication is not the intended recipient; an employee or agent of the
`intended recipient who is responsible for delivering it to the intended recipient; or you believe that you have received this
`communication in error, please notilj/ the sender immediately by return e-mail and promptly delete this e-mail, including
`attachments without reading or saving them in any manner. The unauthorized use, dissemination, distributi'on, or
`reproduction of this e-mail, including attachments is prohibited and may be unlawful. Receipt by anyone other than the
`intended recipient(s) is not a waiver of any attorney/c/ient or other privilege.
`
`Notice: This communication, including attachments may contain information that is confidential and
`protected by the attorney/client or other privileges. It constitutes non-public information intended to be
`conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the
`intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to
`the intended recipient‘, or you believe that you have received this communication in error, please notify the
`sender immediately by return e-mail andpromptly delete this e-mail, including attachments without
`reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction
`of this e-mail, including attachments; is prohibited and may be unlawful. Receipt by anyone other than the
`intended recipient(s) is not a waiver ofany attorney/client or other privilege.
`
`EXHIBIT A, Page 4 of 4
`EXHIBIT A, Page 4 of 4
`
`

`
`EXHIBIT B
`EXHIBIT B
`
`
`
`

`
`[REDACTED]
`
`EXHIBIT B, Page 1 of 8
`
`

`
`[REDACTED]
`
`EXHIBIT B, Page 2 of 8
`
`

`
`From: Cloak, J. Trevor
`
`Sent: Thursday, November 19, 2015 12:37 PM
`
`To: dmorseburg@leechtishman.com
`Cc: Miller, Melanie
`
`Subject: FW: 361215.000 Anwar Pham/E. S. Cruz
`
`Doug,
`
`I am tied up on an urgent project this afternoon. Please call Melanie Miller (cc’d here) at 215-665-2714 at 3:00 pm EST
`(12:00 pm your time), as she has graciously offered to conduct the discovery conference for our client in my place.
`
`Many thanks,
`
`Trevor
`
`J. Trevor Cloak
`
`0
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street, Suite 2800 | Philadelphia, PA 19103
`O'CONNOR P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map | cozen.com
`
`From: Douglas H. Morseburg [mailtozdmorseburg@LeechTishman.corn]
`Sent: Wednesday, November 18, 2015 4:44 PM
`To: Cloak, J. Trevor
`
`Cc: Miller, Camille; Esther]. Choe; Branka, Catherine M.; Reginelli, Terri; Amanda Ardila; Douglas H. Morseburg; Michael
`A. Metcalfe
`
`Subject: RE: 361215.000 Anwar Pham/E. S. Cruz
`
`How about noon my time?
`
`Douglas Morseburg
`dmorsebur
`leechtishman.com
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`100 Corson Street, 3"‘ Floor
`Pasadena, California 91103
`leechtishman.com
`
`PITTSBURGH | CHICAGO [ LOS ANGELES | NEW YORK I WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential
`and exempt from disclosure under applicable law.
`If you are not the intended recipient, or the employee or agent
`responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
`distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
`please notify us immediately via email at g1morseburg@|eechtishman.com or by telephone at 626.356.1217. Thank you.
`
`From: Cloak, J. Trevor [r'n'ailto:JC|oak ct)'z'en.co'm]
`Sent: Tuesday, November 17, 2015 11:36
`To: Douglas H. Morseburg
`
`EXHIBIT B, Page 3 of 8
`EXHIBIT B, Page 3 of 8
`
`

`
`Cc: Miller, Camille; Esther J. Choe; Branka, Catherine M.; Reginelli, Terri; Amanda Ardila
`Subject: RE: 361215.000 Anwar Pham/E. S. Cruz
`
`Doug,
`
`I am generally free on Thursday.
`
`is there a time that works for you?
`
`Thanks,
`
`Trevor
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street, Suite 2800 | Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map | cozen.com
`
`From: Douglas H. Morseburg [mailto:dmorseburg@LeechTishman.com]
`Sent: Tuesday, November 17, 2015 1:49 PM
`To: Cloak, J. Trevor
`
`Cc: Miller, Camille; Estherl. Choe; Branka, Catherine M.; Reginelli, Terri; Douglas H. Morseburg; Estherl. Choe; Amanda
`Ardila
`
`Subject: RE: 361215.000 Anwar Pham/E. S. Cruz
`
`Dear Trevor:
`
`Thank you for your email and your motion. Please accept my apologies for ignoring you.
`
`Our client has not lost interest in the proceeding. We can have the discovery conference this week at your
`
`convenience. However, I will be traveling on Friday, November 20 so my availability on that day will be limited. Please
`
`let me know what time works best for you.
`
`Sincerely,
`
`Doug.
`
`Douglas Morseburg
`drnorseburg@leech_tis|1man.com
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`100 Corson Street, 3" Floor
`Pasadena, California 91103
`Ieechtishman.com
`
`PITTSBURGH I CHICAGO | LOS ANGELES | NEW YORK l WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential
`and exempt from disclosure under applicable law.
`If you are not the intended recipient, or the employee or agent
`responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
`distribution or copying of this communication is strictly prohibited.
`If you have received this communication in error,
`please notify us immediately via email at dmorsebu[g@|eechtishman.cgm or by telephone at 626.356.1217. Thank you.
`
`EXHIBIT B, Page 4 of 8
`EXHIBIT B, Page 4 of 8
`
`

`
`From: Cloak, J. Trevor [mai|to:J€loak@cozen.com]
`Sent: Tuesday, November 17, 2015 08:47
`To: Douglas H. Morseburg
`Cc: Miller, Camille; Esther J. Choe; Branka, Catherine M.; Reginelli, Terri
`Subject: 361215.000 Anwar Pham/E. S. Cruz
`
`Doug,
`
`Please find attached a copy of the motion for sanctions that we filed today with the Board along with associated
`
`exhibits. We are serving a hardcopy via First Class Mail today as well.
`
`Sincerely,
`
`Trevor
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street, Suite 2800 | Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map | cozen.com
`
`From: Cloak, J. Trevor
`
`Sent: Monday, November 9, 2015 6:05 PM
`
`To: ‘Douglas H. Morseburg‘
`Cc: Miller, Camille; ‘Esther J. Choe'
`
`Subject: RE: Anwar Pham/E. S. Cruz
`
`Doug,
`
`Please provide a response to my email below. To date, we have not yet had our mandated discovery conference and
`initial disclosures are due on the 17"‘ of November 2015. Please advise when you are available this week to have our
`discovery conference. We will be seeking Board intervention if we do not receive a prompt response.
`It is well past
`time to get this wrapped up and the radio silence on your part is getting to be ridiculous.
`
`Thanks,
`
`Trevo r
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street, Suite 2800 | Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio | Map | cozen.com
`
`From: Cloak, J. Trevor
`
`Sent: Monday, October 12, 2015 5:56 PM
`
`To: ‘Douglas H. Morseburg‘
`Cc: Miller, Camille; EstherJ. Choe
`
`Subject: RE: Anwar Pham/E. S. Cruz
`
`Doug,
`
`EXHIBIT B, Page 5 of 8
`EXHIBIT B, Page 5 of 8
`
`

`
`As you are aware, the Board reset the deadlines in connection with the above-referenced matter as the parties never
`
`had their required discovery conference (despite our request to do so on multiple occasions). The new deadline is the
`18”‘ of October.
`
`Please advise as to when ou are available in the next mu le of da s to have this conference.
`
`Thank you,
`
`Trevor
`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street I Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email 1 Bio I Map | cozen.com
`
`From: Douglas H. Morseburg [mailte:dmorse-burg@LeechTishman.com]
`
`Sent: Monday, August 31, 2015 7:40 PM
`To: Cloak, J. Trevor
`
`Cc: Miller, Camille; Douglas H. Morseburg; Esther]. Choe
`Subject: RE: Anwar Pham/E. S. Cruz
`
`That's fine.
`
`Douglas Morseburg
`Qmorseburg@1eechtIshman.com
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`1oo Corson Street, 3"‘ Floor
`Pasadena, California 91103
`Ieechtishman.com
`
`PITTSBURGH I CHICAGO I LOS ANGELES I NEW YORK I WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`From: Cloak, J. Trevor |mai|to:JC|oak@cozen.com]
`Sent: Monday, August 31, 2015 15:47
`To: Douglas H. Morseburg
`Cc: Miller, Camille
`Subject: RE: Anwar Pham/E. S. Cruz
`
`Doug,
`
`We can agree to two week extension, provided you agree to a thirty-day suspension of all deadlines pending
`
`If you agree to such a suspension of all deadlines, please prepare an appropriate consent motion and file it
`negotiations.
`with the Board.
`
`Thanks,
`
`Trevor
`
`EXHIBIT B, Page 6 of 8
`EXHIBIT B, Page 6 of 8
`
`

`
`J. Trevor Cloak
`
`Member, Intellectual Property Department | Cozen O'Connor
`One Liberty Place | 1650 Market Street I Philadelphia, PA 19103
`P: 215-665-4702 F: 215-701-2035
`Email | Bio I Map | cozen.com
`
`From: Douglas H. Morseburg [mailto:dmorseburg@ LeechTishman.com]
`Sent: Monday, August 31, 2015 4:27 PM
`To: Cloak, J. Trevor
`
`Cc: Douglas H. Morseburg
`Subject: Anwar Pham/E. S. Cruz
`
`Trevor:
`
`May we have a two—week extension to respond to the discovery requests you served in the above matter?
`
`Please advise.
`
`Sincerely,
`
`Doug Morseburg
`
`Douglas Morseburg
`dmorsebur
`Ieechtishman.com
`
`LEECHTISHMAN
`Dir: 626.356.1217 | Tel: 626.796.4000 | Fax: 626.795.6321
`100 Corson Street, 3"‘ Floor
`Pasadena, California 91103
`Ieechtishman.com
`
`PITTSBURGH I CHICAGO I LOS ANGELES | NEW YORK | WILMINGTON
`
`Committed to sustainable business practices - please consider the environment before printing this email.
`
`Please note our new address: Cozen O'Connor, One Liberty Place, 1650 Market St.,
`
`Philadelphia, PA 19103. Telephone and facsimile numbers have not changed.
`
`Notice: This communication, including attachments may contain information that is confidential and protected by the
`attorney/c/ient or other privileges. It constitutes non-pub/i'c information intended to be conveyed only to the designated
`recipient(s). If the reader or recipient of this communication is not the intended recipient: an employee or agent of the
`intended recipient who is responsible for delivering it to the intended recipient; or you believe that you have received this
`communication /77 error, please notilj/ the sender i'mmediate/y by return e-mail and promptly delete this e-mail, including
`attachments without reading or saving them in any manner. The unauthorized use, di'ssemi'nation, distribution, or
`reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the
`intended reci,‘oi'ent(s) is not a waiver ofany attorney/c/ient or other privilege.
`
`Notice: This communication, including attachments; may contain information that is confidential and
`protected by the attorney/client or other privileges. It constitutes non-public information intended to be
`conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the
`intended recipient; an employee or agent of the intended recipient who is responsible for delivering it to
`the intended recipient; or you believe that you have received this communication in error; please notify the
`
`7
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`EXHIBIT B, Page 7 of 8
`EXHIBIT B, Page 7 of 8
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`

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`sender immediately by return e-mail and promptly delete this e-mail, including attachments without
`reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction
`of this e-mail, including attachments; is prohibited and may be unlawful. Receipt by anyone other than the
`intended recipient(s) is not a waiver ofany attorney/client or other privilege.
`
`Notice: This communication, including attachments, may contain information that is confidential and
`protected by the attorney/client or other privileges. It constitutes non-public information intended to be
`conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the
`intended recipient; an employee or agent of the intended recipient who is responsible for delivering it to
`the intended recipient; or you believe that you have received this communication in error, please notify the
`sender immediately by return e-mail and promptly delete this e-mail, including attachments without
`reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction
`of this e-mail, including attachments is prohibited and may be unlawful. Receipt by anyone other than the
`intended recinient(s) is not a waiver ofany attorney/client or other privilege.
`
`Notice: This communication, including attachments, may contain information that is confidential and
`protected by the attorney/client or other privileges. It constitutes non-public information intended to be
`conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the
`intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to
`the intended recipient; or you believe that you have received this communication in error, please notify the
`sender immediately by return e-mail and promptly delete this e-mail, including attachments without
`reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction
`of this e-mail, including attachments; is prohibited and may be unlawful. Receipt by anyone other than the
`intended reci}oient(s) is not a waiver ofany attorney/client or other privilege.
`
`EXHIBIT B, Page 8 of 8
`EXHIBIT B, Page 8 of 8