Case 6:12-cv-00799-JRG Document 180-2 Filed 07/10/14 Page 1 of 3 PageID #: 5301
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Plaintiff,
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`Case No. 6:12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.,
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`vs.
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`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`Defendants,
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`Counterclaim-Plaintiff,
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`and
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`MICRO MOTION INC., USA,
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`vs.
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`INVENSYS SYSTEMS, INC.,
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`Counterclaim-Defendant.
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`DECLARATION OF KADIE M. JELENCHICK
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`Pursuant to 28 U.S.C. § 1746, I, Kadie M. Jelenchick, do hereby declare as
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`follows:
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`1.
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`I am an attorney with the firm Foley & Lardner LLP (“Foley”), counsel for Micro
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`Motion Inc. (“Micro Motion”) and Emerson Electric Co. (“Emerson”) in the above-captioned
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`matter. I submit this declaration in support of Micro Motion’s and Emerson’s Reply Brief in
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`support of their Motion for Leave to Supplement Invalidity Contentions.
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`4815-7557-5068
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`Case 6:12-cv-00799-JRG Document 180-2 Filed 07/10/14 Page 2 of 3 PageID #: 5302
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`2.
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`As part of Micro Motion’s and Emerson’s efforts to comply with their respective
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`discovery obligations, I conducted interviews of Micro Motion and Emerson personnel who were
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`likely to have information, including documents, relevant to this case. Mr. Richard Maginnis
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`was one of the individuals I interviewed.
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`3.
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`On or around May 21, 2013, I conducted a telephone interview of Mr. Maginnis,
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`where we explored, among other things, his specific document creation and storage practices as
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`well as the possible locations of all paper and electronic documents and files containing
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`information relevant to this case. During our comprehensive interview, which lasted more than
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`60 minutes, we discussed Mr. Maginnis’s local hard drive from his current and legacy
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`computers, e-mail folders, Micro Motion’s shared drives and data management systems, external
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`media, as well as Mr. Maginnis’s file cabinets in his office, which were generally organized by
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`project. Mr. Maginnis did not search for and identify specific documents to be collected.
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`Instead, during our conversation, Mr. Maginnis identified certain folders that would likely
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`contain relevant information. While Mr. Maginnis identified electronic folders on his then-
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`current local hard drive and Micro Motion’s shared drives, he did not identify any hard copy
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`folders or files as containing potentially relevant material.
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`4.
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`Mr. Maginnis’s list of electronic folders and the information collected from other
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`custodians were provided to a third-party document collection vendor, who made a forensic copy
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`of all the identified data. This data, once processed, was forwarded to Foley, where it was
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`screened for documents containing material protected by the attorney-client privilege and/or
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`work product doctrine. Thereafter, all non-privileged documents, including documents from Mr.
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`Maginnis’s files, were produced in rolling productions to counsel for Invensys Systems, Inc.
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`(“Invensys”).
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`Case 6:12-cv-00799-JRG Document 180-2 Filed 07/10/14 Page 3 of 3 PageID #: 5303
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`5.
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`Counsel for the parties have agreed to schedule the deposition of Mr. Tony
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`Pankratz for July 10, 2014 and the deposition of Mr. Howard Derby for July 11, 2014.
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`Dated: July 7, 2014
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` declare under penalty of perjury that the foregoing is true and correct.
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`Respectfully submitted,
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`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick, WI Bar No. 1056506
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`Phone: (414) 271-2400
`Fax: (414) 297-4900
`Email: kjelenchick@foley.com
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