`Case 6:12—cv—00799—JRG Document 97-4 Filed 01/20/14 Page 1 of 4 Page|D #: 2583
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`EXHIBIT 3
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`EXHIBIT 3
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`
`
`
`
`Case 6:12-cv-00799-JRG Document 97-4 Filed 01/20/14 Page 2 of 4 PageID #: 2584
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`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Jenkins, Dawn
`Jelenchick, Kadie M.; Frost, Claudia
`Hansen, Linda E.B.; Costakos, Jeffrey N.; Berta, Jason A.; Moran, Michelle A.; Guy Harrison (Guy@gnhlaw.com);
` Service-Invensys Coriolis
`RE: Outside Counsel Eyes Only Disclosure
`Thursday, January 16, 2014 10:37:54 AM
`
`Kadie,
`
`Thank you for your email. We will agree to re-designate the disclosure as “CONFIDENTIAL” under
` Para. 6 of the Protective Order. Should you have any further questions or comments about the
` designation, please do not hesitate to contact me.
`
`Best regards,
`
`Dawn Jenkins
`Associate
`T +1 713.425.8454
`F +1 713.300.6054
`M +1 214.934.3473
`E dawn.jenkins@dlapiper.com
`
`
`
`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: Wednesday, January 15, 2014 7:21 PM
`To: Frost, Claudia
`Cc: LHansen@foley.com; JCostakos@foley.com; JBerta@foley.com; MMoran@foley.com; Guy Harrison
` (Guy@gnhlaw.com); Service-Invensys Coriolis
`Subject: RE: Outside Counsel Eyes Only Disclosure
`
`Claudia:
`
`Thank you for the information.
`
`As an initial matter, under the Protective Order in our case, there is no “Outside Counsel Eyes Only”
` designation.
`
`Not only do we object to the “Outside Counsel Eyes Only” designation on that basis, but even if such
` a designation were available, we fail to see how it is appropriate under the circumstances. Pursuant
` to Paragraph 17 of the Protective Order, we challenge the designation.
`
`First, this designation precludes us from sharing the customer identity with our client. This, in effect,
` prevents Emerson and Micro Motion from providing the necessary declarations to rebut Invensys’s
`
`
`
`Case 6:12-cv-00799-JRG Document 97-4 Filed 01/20/14 Page 3 of 4 PageID #: 2585
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` allegations regarding the demonstration at issue.
`
`Second, Invensys’s Response to Emerson’s Motion for Summary Judgment and the supporting Arias
` Declaration identify that “representatives from both EPM and Micro Motion actively participated in
` all aspects of the demonstration.” Devon’s identity cannot possibly be confidential and kept from
` those individuals who participated in the demonstration.
`
`Please confirm that we are not in any way limited in discussing the referenced Devon demonstration
` with the relevant personnel that were involved. Given the deadline for Emerson to file its reply in
` support of its Motion for Summary Judgment and the Court’s order to notify it of Invensys’s
` disclosure, we would appreciate a response no later than tomorrow, Thursday. Should you wish to
` discuss this issue further, please feel free to give me a call.
`
`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, January 14, 2014 5:51 PM
`To: Jelenchick, Kadie M.
`Subject: Outside Counsel Eyes Only Disclosure
`
`Kadie,
`
`Pursuant to your request, under the above level of confidentiality, we disclose Devon Energy Corporation
` as the name of the company referred to in Robert Arias’s declaration in support of Invensys’s Response
` to Emerson’s Motion for Summary Judgment.
`
`Regards,
`
`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
`
`
`
`DLA Piper LLP (US)
`1000 Louisiana Street, Suite 2800
`Houston, Texas 77002-5005
`United States
`
`
`
`Case 6:12-cv-00799-JRG Document 97-4 Filed 01/20/14 Page 4 of 4 PageID #: 2586
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