Case 6:12-cv-00799-JRG Document 182-1 Filed 07/14/14 Page 1 of 3 PageID #: 5370
`Case 6:12—cv—00799—JRG Document 182-1 Filed 07/14/14 Page 1 of 3 Page|D #: 5370
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`EXHIBIT A
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`EXHIBIT A
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`Case 6:12-cv-00799-JRG Document 182-1 Filed 07/14/14 Page 2 of 3 PageID #: 5371
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`Frost, Claudia
`Monday, July 14, 2014 9:35 AM
`Richart, Chris; Patterson, Todd
`Fw: Invensys v. Micro Motion - extension of deadlines
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`Richart, Chris
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`From:
`Sent:
`To:
`Subject:
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`Sent from my BlackBerry 10 smartphone.
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`From: Frost, Claudia
`Sent: Monday, July 14, 2014 9:05 AM
`To: 'LHansen@foley.com'
`Cc: Johnson, Jeffrey; KJelenchick@foley.com; JCostakos@foley.com; RFlorsheim@foley.com
`Subject: RE: Invensys v. Micro Motion - extension of deadlines
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`Dear Linda,
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`Thank you for your email. We appreciate the clarification of your position.
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`As set forth in our emails and as we discussed during our meet and confer last week, we need the additional time for
`expert discovery we initially requested. Your proposal to reduce the amount of time is not acceptable. We are at an
`impasse, and will be filing a motion requesting our proposed extension. As I represented when we spoke last week, if
`adjustments to our schedule lengthening the time become necessary from your perspective due to the holidays, we will
`gladly accommodate your request for modification as long as it lengthens the time and does not impact other future dates
`in the schedule. We anticipate you will work with us should the need arise for such modifications from our end as
`well. As we agreed, there is ample time in the overall schedule to have flexibility regarding these dates.
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`With respect to the number of experts, we believe that 5 experts per side, as the order currently provides, is
`sufficient. Accordingly, we will not agree to have employee experts (who will offer expert opinions) not count against the 5
`expert limit.
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`Best regards,
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`Claudia
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`Claudia Wilson Frost
`Partner
` +1 713.425.8450
`F +1 713.300.6050
`M +1 832.814.6322
`E claudia.frost@dlapiper.com
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` T
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`DLA Piper LLP (US)
`1000 Louisiana Street, Suite 2800
`Houston, Texas 77002-5005
`United States
`www.dlapiper.com
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`From: LHansen@foley.com [mailto:LHansen@foley.com]
`Sent: Sunday, July 13, 2014 7:25 PM
`To: Frost, Claudia
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`1
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`Case 6:12-cv-00799-JRG Document 182-1 Filed 07/14/14 Page 3 of 3 PageID #: 5372
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`Cc: Johnson, Jeffrey; KJelenchick@foley.com; JCostakos@foley.com; RFlorsheim@foley.com
`Subject: Invensys v. Micro Motion - extension of deadlines
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`Claudia:
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`Here is our suggestion to resolve the issues discussed on Friday:
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`The deadlines are extended to:
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`• 9/12/14 - Parties with burden of proof designate expert witnesses (non-construction issues). Expert witness reports due.
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` •
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` 10/17/14 - Parties designate rebuttal expert witnesses (non-construction issues), Rebuttal expert witness reports due.
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` •
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` 11/21/14 - Expert Discovery Deadline.
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`In exchange, we agree that employees may testify as experts, pursuant to Rule 26, and that the employee experts are not
`counted in the 5 expert witnesses for each side, pursuant to the Docket Control Order. Additionally, pursuant to Rule
`26(a)(3) the disclosure as to employee experts need only identify "(i) the subject matter on which the witness is expected
`to present evidence under Federal Rule of Evidence 702, 703, or 705; and ii) a summary of the facts and opinions to
`which the witness is expected to testify." Employee experts are therefore not required to provide reports.
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`I am available to discuss this further tomorrow morning.
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`Thanks.
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`Linda
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`The preceding email message may be confidential or protected by the attorney-client privilege. It is
`not intended for transmission to, or receipt by, any unauthorized persons. If you have received this
`message in error, please (i) do not read it, (ii) reply to the sender that you received the message in
`error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is
`solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm in the particular
`matter that is the subject of this message, and may not be relied upon by any other party.
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