Case 6:12-cv-00799-JRG Document 81-12 Filed 10/25/13 Page 1 of 3 PageID #: 2321
`Case 6:12—cv—00799—JRG Document 81-12 Filed 10/25/13 Page 1 of 3 Page|D #: 2321
`
`
`
`
`EXHIBIT J
`
`EXHIBIT J
`
`
`
`

`
`Case 6:12-cv-00799-JRG Document 81-12 Filed 10/25/13 Page 2 of 3 PageID #: 2322
`ATTORNEYS AT LAW
`777 EAST WISCONSIN AVENUE
`MILWAUKEE, WI 53202-5306
`414.271.2400 TEL
`414.297.4900 FAX
`WWW.FOLEY.COM
`
`WRITER’S DIRECT LINE
`414.319.7324
`kjelenchick@foley.com E-MAIL
`
`CLIENT/MATTER NUMBER
`087886-0122
`
`October 11, 2013
`
`Via Federal Express & E-Mail
`
`Jeffrey Johnson
`DLA Piper LLP
`1000 Louisiana Street, Suite 2800
`Houston, TX 77002-5005
`
`Re:
`
`Invensys Systems, Inc. v Emerson Electric Co., et al.
`Case No. 12-cv-799-LED (E.D. Tex.)
`
`Dear Jeffrey:
`
`I write regarding several discovery-related issues.
`
`First, we are concerned about Invensys’s document production to date. As you know,
`document production began on August 12, 2013, and is to be substantially complete by November 8,
`(See Dkt. No. 69.) Other than the
`2013, as set forth in the Second Amended Docket Order.
`documents produced as required by P. R. 3-2 and 3-4, Invensys has produced documents only once
`and that was on August 12, 2013, eight weeks ago.
`
`Both parties agreed to a rolling production, which typically means that documents
`will be produced on an ongoing basis, which Invensys has not done. As Plaintiff, Invensys has had
`significantly more time to prepare and plan for this litigation. Thus, it is difficult to understand why
`Invensys’s document production has not been more robust and done on a rolling basis. To date,
`Invensys has produced about 95,000 pages. On the other hand, Micro Motion has produced nearly
`825,000 pages, a portion of which is enclosed today.
`
`The November 8 deadline is four weeks from today. Either Invensys is going to
`produce a large number of documents at the very end of the allowed timeframe, or Invensys will fail
`to produce all relevant documents. Neither is an acceptable outcome.
`Please let us know
`immediately as to when Invensys is going to resume producing relevant documents.
`
`Second, we are waiting for a response to Ms. Hansen’s September 25, 2013 e-mail to
`you regarding Invensys’s document production with respect to Oxford. Please confirm whether
`Invensys intends to produce relevant non-privileged documents in the possession, custody, or control
`of Oxford, and when we can expect these materials. As we have previously explained both in phone
`conversations as well as in our July 8, 2013 e-mail and subsequent correspondence, we believe these
`documents are in Invensys’s control by virtue of the close relationship between Invensys and
`
`BOSTON
`BRUSSELS
`CHICAGO
`DETROIT
`
`JACKSONVILLE
`LOS ANGELES
`MADISON
`MIAMI
`
`MILWAUKEE
`NEW YORK
`ORLANDO
`SACRAMENTO
`
`SAN DIEGO
`SAN DIEGO/DEL MAR
`SAN FRANCISCO
`SHANGHAI
`
`SILICON VALLEY
`TALLAHASSEE
`TAMPA
`TOKYO
`WASHINGTON, D.C.
`
`4823-5350-7350.1
`
`

`
`Case 6:12-cv-00799-JRG Document 81-12 Filed 10/25/13 Page 3 of 3 PageID #: 2323
`
`FOLEY & L ARDN ER LL P
`
`Jeffrey Johnson
`October 11, 2013
`Page 2
`
`Oxford. If Invensys will not be producing such documents, please let us know immediately so we
`may seek appropriate relief from the Court and/or under the Hague Convention.
`
`Third, we are also waiting for a response to my October 9, 2013 e-mail to Mr.
`Papastavros regarding the testing and research that was done following the filing of the ’742
`provisional application, which is referenced in Invensys’s Motion to Dismiss. (Dkt. No. 77.) Please
`provide a copy of this testing and research or direct us to where it may be found in Invensys’s
`document production.
`
`Finally, as mentioned above, enclosed please find a hard drive containing documents
`bearing production numbers MM0700492-823001, certain of which are designated RESTRICTED –
`ATTORNEYS’ EYES ONLY under the Protective Order and must be treated accordingly. (See Dkt.
`No. 66.) Just as with the previous hard drive, once you have loaded the documents to your system
`and made any necessary copies, please return the hard drive to me.
`
`Micro Motion and Emerson reserve all rights to object and see appropriate relief, up
`to and including filing a Motion to Compel with the Court, as well as to seek attorneys’ fees and
`costs.
`
`Sincerely,
`
`/s/ Kadie M. Jelenchick
`
`Enclosure
`
`4823-5350-7350.1