`
`
`
`Exhibit H
`
`
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 2 of 8 PageID #: 9412
`
`Berta, Jason A.
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Jenkins, Dawn <Dawn.Jenkins@dlapiper.com>
`Wednesday, December 03, 2014 3:13 PM
`Jelenchick, Kadie M.
`Frost, Claudia; Costakos, Jeffrey N.; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison;
`Hansen, Linda E.B.; Service-Invensys Coriolis; Berta, Jason A.; Moran, Michelle A.
`RE: Follow up
`
`Kadie:
`
`It is our understanding that the information Duff & Phelps derives from the interviews is directly input into the report
`such that there are no separate interview notes. Thus, as stated in my earlier email, the responsive materials are simply
`the statements in the report itself.
`
`Best regards,
`
`Dawn Jenkins
`Associate
` +1 713.425.8454
`F +1 713.300.6054
`M +1 214.934.3473
`E dawn.jenkins@dlapiper.com
`
`
` T
`
`
`
`DLA Piper LLP (US)
`1000 Louisiana Street, Suite 2800
`Houston, Texas 77002-5005
`United States
`www.dlapiper.com
`
`From: KJelenchick@foley.com [mailto:KJelenchick@foley.com]
`Sent: Tuesday, December 02, 2014 7:28 AM
`To: Jenkins, Dawn
`Cc: Frost, Claudia; JCostakos@foley.com; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison; LHansen@foley.com;
`Service-Invensys Coriolis; JBerta@foley.com; MMoran@foley.com
`Subject: RE: Follow up
`
`Hi Dawn:
`
`Your note did not address Mr. Bakewell’s interview notes. Please confirm whether there are such notes, and if so, when
`they will be produced.
`
`
`
`Thanks,
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`414.319.7324
`kjelenchick@foley.com
`
`1
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 3 of 8 PageID #: 9413
`
`
`From: Jenkins, Dawn [mailto:Dawn.Jenkins@dlapiper.com]
`Sent: Wednesday, November 26, 2014 5:51 PM
`To: Jelenchick, Kadie M.
`Cc: Frost, Claudia; Costakos, Jeffrey N.; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison; Hansen, Linda E.B.; Service-
`Invensys Coriolis; Berta, Jason A.; Moran, Michelle A.
`Subject: Re: Follow up
`
`
`Dear Kadie,
`
`
`
`
`
`Regarding your document subpoena to Mr. Bakewell, we understand that the responsive
`materials are the (1) the statements contained in his report and (2) the materials cited in his
`report, all of which have been produced to you.
`
`
`
`
`
`Best regards,
`
`Dawn Jenkins
`
`
`
`Sent from my iPhone
`
`On Nov 24, 2014, at 10:05 PM, "KJelenchick@foley.com" <KJelenchick@foley.com> wrote:
`
`Claudia and Dawn:
`
`I am following up on the below.
`
`
`We would like to discuss Mr. Bakewell’s availability for deposition and the deadline change for our
`rebuttal report. Given the holiday and the short week, let’s find a convenient time for us to talk about
`these issues as well as the subpoena to Mr. Bakewell tomorrow, Tuesday. Please let us know when you
`are available.
`
`
`Also, Claudia, I understand from Guy that you may want copies of some of the materials relating to
`Emerson’s corporate structure, which we provided for inspection last week. We can discuss this
`tomorrow too.
`
`
`Thanks and have a good evening,
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`414.319.7324
`kjelenchick@foley.com
`
`
`From: Jelenchick, Kadie M.
`Sent: Friday, November 21, 2014 5:46 PM
`To: 'Jenkins, Dawn'
`
`2
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 4 of 8 PageID #: 9414
`
`Cc: Frost, Claudia; Costakos, Jeffrey N.; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison; Hansen,
`Linda E.B.; Service-Invensys Coriolis; Berta, Jason A.; Moran, Michelle A.
`Subject: RE: Follow up
`
`
`Dawn:
`
`
`Monday is fine for the response to the subpoena.
`
`
`We look forward to hearing back from you regarding the other issues.
`
`
`Thanks,
`
`
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`414.319.7324
`kjelenchick@foley.com
`
`
`From: Jenkins, Dawn [mailto:Dawn.Jenkins@dlapiper.com]
`Sent: Friday, November 21, 2014 5:17 PM
`To: Jelenchick, Kadie M.
`Cc: Frost, Claudia; Costakos, Jeffrey N.; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison; Hansen,
`Linda E.B.; Service-Invensys Coriolis; Berta, Jason A.; Moran, Michelle A.
`Subject: Re: Follow up
`
`
`Dear Kadie:
`
`
`Thank you for this information.
`
`
`We are conferring with Mr. Bakewell regarding his schedule and will discuss his availability
`with you next week.
`
`
`Regarding the subpoena to Mr. Bakewell for which we accepted service, we need a few more
`days to respond. Mr. Bakewell has been in trial this week. We would like to take the weekend
`and try to send you a response on Monday. Please let me know if that is acceptable.
`
`
`Best regards,
`Dawn
`
`Sent from my iPhone
`
`On Nov 21, 2014, at 4:46 PM, "KJelenchick@foley.com" <KJelenchick@foley.com> wrote:
`
`Hi Claudia:
`
`
`Attached please find the sales information for the 2200S 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.
`
`
`3
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 5 of 8 PageID #: 9415
`
`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. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`414.319.7324
`kjelenchick@foley.com
`
`
`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@foley.com)
`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 5, 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.
`
`
`Thanks,
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`414.319.7324
`kjelenchick@foley.com
`
`
`From: Frost, Claudia [mailto:Claudia.Frost@dlapiper.com]
`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.
`
`4
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 6 of 8 PageID #: 9416
`
`We will inspect the customer list at Guy's office on Friday. I will provide a more
`precise time as we get closer.
`Thank you,
`Claudia
`
`
`Sent from my BlackBerry 10 smartphone.
`
`From: KJelenchick@foley.com
`Sent: Friday, November 14, 2014 7:22 PM
`To: Frost, Claudia
`Cc: JCostakos@foley.com; Johnson, Jeffrey; Stewart, Courtney; Guy Harrison
`Subject: Re: Follow up
`
`
`Hi Claudia:
`
`Wednesday is fine for the customer list inspection at Guy's 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.
`
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202
`414.319.7324
`kjelenchick@foley.com<mailto:kjelenchick@foley.com>
`
`
`
`On Nov 13, 2014, at 7:00 PM, Frost, Claudia
`<Claudia.Frost@dlapiper.com<mailto:Claudia.Frost@dlapiper.com>> wrote:
`
`Dear Kadie:
`
` I
`
` am following up on a few items.
`
`
`Can you please give me your best estimate as to when the 9739 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.
`
` I
`
` will be able to go to Longview 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,
`
`5
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 7 of 8 PageID #: 9417
`
`Claudia
`
`Claudia Wilson Frost
`Partner
`
` T
`
` +1 713.425.8450
`F +1 713.300.6050
`M +1 832.814.6322
`E claudia.frost@dlapiper.com <mailto:claudia.frost@dlapiper.com>
`
`<image001.gif>
`
`DLA Piper LLP (US)
`1000 Louisiana Street, Suite 2800
`Houston, Texas 77002-5005
`United States
`www.dlapiper.com <http://www.dlapiper.com/>
`
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally
`privileged. It has been sent for the sole use of the intended recipient(s). If the
`reader of this 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 of its contents, is strictly prohibited. If you have
`received this communication in error, please reply to the sender and destroy all
`copies of the message. To contact us directly, send to
`postmaster@dlapiper.com<mailto:postmaster@dlapiper.com>. 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. 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.
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent
`for the sole use of the intended recipient(s). If the reader of this 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 of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us
`directly, send to postmaster@dlapiper.com. 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. 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
`
`6
`
`
`
`Case 6:12-cv-00799-JRG Document 249-1 Filed 12/03/14 Page 8 of 8 PageID #: 9418
`Firm in the particular matter that is the subject of this message, and may not be
`relied upon by any other party.
`<MM040.zip>
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of
`the intended recipient(s). If the reader of this 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 of its contents,
`is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of
`the message. To contact us directly, send to postmaster@dlapiper.com. 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. 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.
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
`recipient(s). If the reader of this 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 of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
`postmaster@dlapiper.com. 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. 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.
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
`recipient(s). If the reader of this 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 of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
`postmaster@dlapiper.com. Thank you.
`
`7