EXHIBIT H

Case 2:06-cv-00204-JCC Document 70-10 Filed 12/21/2006 Page 1 of 4

Gordon v. Virtumundo Inc et al Doc. 70 Att. 9

Dockets.Justia.com
e2c958c5-59a3-42a5-b65b-1a65557ad783

JAMES S. GORDON, JR. vs. 12-15-2006

VIRTUMUNDO, INC., et al ROUGH DRAFT - BRETT BREWER

JOHN M. BOWEN & ASSOCIATES (816) 421-2876

Page 83

1 MR. SIEGEL: I think what I will do,

2 though, is I will respond to you in detail about

3 this issue when I have had a full time to

4 discuss it with my client and in fact I could

5 even commit to giving you a full and detailed

6 response on Monday.

7 MR. NEWMAN: Well, I look forward for

8 that response especially considering earlier

9 representations you made advising that you would

10 confer with your client and provide feedback to

11 me a week ago and a week and a half ago, which I

12 never received, so I really appreciate that you

13 are going to have information for me on Monday.

14 And then if you don't have information for me on

15 Monday, would you file the joint motion so that

16 you could state your position which to this day

17 I still don't understand?

18 MR. SIEGEL: Well, we'll talk on

19 Monday about that, counsel.

20 MR. NEWMAN: Okay. Then my next

21 question is I know we have discovery requests

22 which responses are due today. Can we expect

23 them today?

24 MR. SIEGEL: Again, I have to check

25 with my client on that.

Case 2:06-cv-00204-JCC Document 70-10 Filed 12/21/2006 Page 2 of 4
e2c958c5-59a3-42a5-b65b-1a65557ad783

JAMES S. GORDON, JR. vs. 12-15-2006

VIRTUMUNDO, INC., et al ROUGH DRAFT - BRETT BREWER

JOHN M. BOWEN & ASSOCIATES (816) 421-2876

Page 84

1 MR. NEWMAN: Well, today is the

2 deadline for filing discovery motions, and

3 considering that you still have not received

4 responsive documents from your client the day

5 they are due would indicate that you are not

6 going to be transmitting them to me today, so

7 can this serve as our meet and confer such that

8 we can file a Motion to Compel those documents

9 today?

10 MR. SIEGEL: Well, I'm requesting an

11 extension, counsel, a reasonable extension say

12 until the end of next week and to get those

13 documents to you and those responses to you.

14 MR. NEWMAN: I would be happy to

15 grant that extension; however, there is a Court

16 Order that provides that the last day I can move

17 to compel is today, so would you agree to file a

18 stipulation that we can extend that deadline

19 with respect to the Defendants' right to move to

20 compel?

21 MR. SIEGEL: Yes, I would.

22 MR. NEWMAN: Great. So I'm going to

23 send you a stipulation and it's going to provide

24 that the Defendants' deadline to move to compel

25 is extended one week from today?

Case 2:06-cv-00204-JCC Document 70-10 Filed 12/21/2006 Page 3 of 4
e2c958c5-59a3-42a5-b65b-1a65557ad783

JAMES S. GORDON, JR. vs. 12-15-2006

VIRTUMUNDO, INC., et al ROUGH DRAFT - BRETT BREWER

JOHN M. BOWEN & ASSOCIATES (816) 421-2876

Page 85

1 MR. SIEGEL: Fine.

2 MR. NEWMAN: And when would you

3 expect to have responses to those discovery

4 requests?

5 MR. SIEGEL: Prior to that.

6 MR. NEWMAN: Thank you, very much.

7 I'll forward that stipulation. I really

8 appreciate your courtesy and you can look for my

9 e-mail later today.

10 MR. SIEGEL: Okay. Thank you,

11 counsel.

12 (Witness excused.)

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Case 2:06-cv-00204-JCC Document 70-10 Filed 12/21/2006 Page 4 of 4