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Case 6:12-cv-00799-JRG Document 244-5 Filed 11/26/14 Page 1 of 5 PageID #: 9341
`Case 6:12—cv—OO799—JRG Document 244-5 Filed 11/26/14 Page 1 of 5 Page|D #: 9341
`
`EXHIBIT D
`
`

`
`Case 6:12-cv-00799-JRG Document 244-5 Filed 11/26/14 Page 2 of 5 PageID #: 9342
`Case 6:12—cv—OO799—JRG Document 244-5 Filed 11/26/14 Page 2 of 5 PagelD #' 9342
`
`From:
`To:
`Cc:
`
`i M
`
`'
`n
`EEO:-'L§J.il.Ldl§
` : ;$ : : ieotisr:
` : M_iLan._cMihelle_a.
`
`RE: Follow up
`Subject:
`Friday, November 21, 2014 4:45:54 PM
`Date:
`flM_0fifl_,zj_n
`Attachments:
`
`
`Hi Claudia:
`
`Attached please find the sales information for the 22005 and 9739MVD products, which is branded
`with production numbers MM1212770—71 and designated RESTRICTED — ATTORNEYS’ EYES ONLY.
`We are still pulling together the 700 data and will get that to you as soon as we can.
`
`Also, we haven't heard from you regarding Mr. Bakewell’s deposition or the new deadline for our
`rebuttal report. Please let us know when we can expect to hear back from you on this.
`
`Thanks and have a good weekend,
`Kadie M. lelenchick
`
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`
`Milwaukee, Wisconsin 53202
`414.319.7324
`
`i. ='l'=?|i'.|lilfklu'i7'fI..i|r"'.:'till"
`
`
`
`
`
`
`From: Jelenchick, Kadie M.
`Sent: Wednesday, November 19, 2014 10:25 AM
`To: ‘Frost, Claudia‘
`Cc: Costakos, Jeffrey N.; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison; Linda E. B. Hansen
`(LHansen@fo|ey.corn)
`Subject: RE: Follow up
`
`Hi Claudia:
`
`i wanted to give you an update on the timing for the production of email and 700 core processor
`sales information. With respect to email, we anticipate producing the non-privileged hits from the
`search strings outlined in our July 30 Email Report no later than Wednesday, November 26. With
`respect to the sales information, we anticipate producing 700 core processor revenue and units (by
`fiscal year and sensor type) on Friday, November 21.
`
`Also, I wanted to revisit scheduling Mr. Bakewell’s deposition. You indicated that he is available the
`week of December 15. Please confirm the date and place where you will be making him available.
`Given that Mr. Bakewell isn't being made available until the week of December 15, and our
`responsive report is currently due December S, as we discussed last week at the hearing, we would
`like to move our deadline back. We propose Tuesday, December 23, with depositions to be the
`week of January 5, which is two weeks before any Daubert letter motions are due. Please let us
`know.
`
`

`
`Case 6:12-cv-00799-JRG Document 244-5 Filed 11/26/14 Page 3 of 5 PageID #: 9343
`Case 6:12—cv—OO799—JRG Document 244-5 Filed 11/26/14 Page 3 of 5 PagelD #' 9343
`
`Thanks,
`
`Kadie M. Jelenchick
`
`Foley 8; Lardner LLP
`777 East Wisconsin Avenue
`
`Milwaukee, Wisconsin 53202
`414.319.7324
`-"l-:'-'-
`.n:'iii._l<fu*lu__1i-3-r-_t
`
`
`'l'iI
`
`-
`
`From: Frost, Claudia [mittll[_QIClr3L!Clla.F[DSt@_§llEiLJlD§!'.CQiT]]
`Sent: Tuesday, November 18, 2014 3:38 PM
`To: Jelenchick, Kadie M.
`Cc: Costakos, Jeffrey N.; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison
`Subject: Re: Follow up
`
`Dear Kadie and Guy,
`
`Thank you for your email.
`We will inspect the customer list at Guy's office on Friday. I will provide a more pr'et:ise time as
`
`we get closer.
`
`Thank you,
`
`Claudia
`
`Sent from my BlackBerry 10 smartphone.
`
`From: I11e_lenr,higk-T5‘-frgleyrorii
`Sent: Friday, November 14, 2014 7:22 PM
`To: Frost, Claudia
`Cc: £cfla ' nu; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison
`Subject: Re: Follow up
`
`Hi Claudia:
`
`Wednesday is fine for the customer list inspection at Guys office. However, Guy is only
`available from 9 am until noon. if Friday is workable for you. Guy is available all day.
`
`I will circle back to you next week on the timing for the production of the email and sales data.
`
`Thanks and have a good weekend.
`
`Kadic M. Jelenchick
`Foley & Lardner LLP
`Tr‘? East Wisconsin Avenue
`Milwaukee. WI 53202
`414.319.7824
`l{|glcng;l1ick-tr‘li.rlc.}'.cian1-~.mui|1g;:lt_i;,i::i1L‘lJig'l-."u. l‘nlt;_\ .mm>
`
`On Nov 13, 2014, 3117100 PM, Frost, Claudia
`<{'l;iL1;|i;1,J'-'msLr.* Lll;,L|‘l[]§,‘l'.'..‘_t__‘rtl’l" uiuilto:(_'_l:i1it|i;1.l’t'u~;t ll‘ Lll;1pipci',uo11i>> wrote:
`
`Dear Kadie:
`
`

`
`Case 6:12-cv-00799-JRG Document 244-5 Filed 11/26/14 Page 4 of 5 PageID #: 9344
`Case 6:12—cv—OO799—JRG Document 244-5 Filed 11/26/14 Page 4 of 5 Page|D #' 9344
`
`I am following tip on a few items.
`
`Can you please give me your best estimate as to when the 9?'39 MVD and 2200 S data will be
`provided and the precise form it will be in. Likewise. please provide me the same estimate
`and description for the 700 puck data.
`
`1 will be able to go to Longvievv next Wednesday to review the customer list. Please confirm
`that it will be in Guy‘s office then and he can accommodate me at that time.
`
`Finally. please let me know when you expect the email production that you agreed to provide
`per the joint status report will be produced.
`
`Many thanks.
`
`Claudia
`
`Claudia Wilson Frost
`Partner
`
`ll‘ 1*] 713.425.8450
`F +1 7l3.300.605U
`M +l 832.314.6322
`E t‘l;itit1it|.|'I‘m-tr":tl|api_per.t.1un <.1‘li{1lll.1.tZL'li.'-ll(lli.l-l‘l'U’1lI-"LliilPlI‘FCI—K'l'*lli>
`
`<image00l .git‘>
`
`DLA Piper LLP (US)
`1000 Louisiana Street. Suite 2800
`Houston, Texas 7?002-5005
`United States
`\t\t\\'.til:Lp_ipe|'.g..r|t1 <l1ttp:.-'«\x__\\ \\'.t,jlttpipet'.t'n|tt-">
`
`Please consider the environment before printing this email.
`
`The infomtation contained in this email may be eontidential andfor legally privileged. It has
`been sent for the sole use otithe intended rccipient(s}. 11‘ the reader ofthis message is not an
`intended recipient. you are hereby notified that any unauthorized review. use, disclosure,
`dissemination, distribution. or copying of this communication. or any ofits contents. is
`strictly prohibited. lfyou have received this communication in error. please reply to the
`sender and destroy all copies ofthe message. To contact us directly. send to
`postj_n.t~»1gr U -,ll-.-tpip_ci'.t.‘t'J_Tt"- |11'.lll1_t_‘r_;_1)t'Js'l_t1t:t{\l;‘|' u"tl_l_apip;;t'.«.':nn‘>. Thank you.
`
`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. lfyou 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 clientts)
`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.
`
`

`
`Case 6:12-cv-00799-JRG Document 244-5 Filed 11/26/14 Page 5 of 5 PageID #: 9345
`Case 6:12—cv—OO799—JRG Document 244-5 Filed 11/26/14 Page 5 of 5 Page|D #: 9345

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