EXHIBIT 4 

 

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 1 of 20 PageID #: 545
From: Kristopher Davis

To: Sim, Charlie

Cc: Robb, Andrew; Jason Wietholter; Marc Fenster; headwater@raklaw.com; *** GDCVerizon-Headwater; Singh, Tej; Zhang, Yi; Crowson,

Celine J.

Subject: Re: Headwater v. Verizon (23-cv-352) (E.D. Tex.) - Correspondence

Date: Monday, March 4, 2024 10:42:50 AM

[WARNING: External Email]

Charlie,

As you know, we disagree with the assertion that Headwater’s infringement contentions are deficient but are

happy to discuss any specific concerns you have. Headwater agrees that the parties should work together

throughout the case to narrow issues for trial, and Headwater has attempted to offer compromises on case

narrowing to address Defendants’ concerns. However, Headwater does not agree to the proposal below and will

oppose the motion.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Mar 1, 2024, at 10:40 AM, Sim, Charlie <CSim@gibsondunn.com> wrote:

Kris,

Defendants do not accept Headwater’s most recent proposal regarding claim narrowing. Your proposal

that discovery should proceed on all claims in this case (with no guidance from Headwater’s deficient

infringement contentions, as we have previously raised), purportedly “narrowing” to 192 claims only after

months of discovery, does not realistically address the concerns Defendants raised in prior

correspondence and the parties’ February 22 meet and confer

In a final effort to resolve this issue without the need for motion practice, Defendants propose the

following schedule for claim narrowing:

By March 15, 2024, Headwater would serve its First Election of Asserted Claims, identifying no

more than 24 asserted claims per patent, and no more than 96 claims across all patents.

No later than 14 days after Headwater’s First Election, Verizon and T-Mobile would each serve a

First Election of Prior Art, identifying no more than 12 prior art references against each patent and

not more than a total of 40 references across all patents.

No later than 28 days before the service of opening expert reports, Headwater would serve a Final

Election of Asserted Claims, identifying no more than five asserted claims per patent and no more

than a total of 16 claims across all patents.

No later than 28 days after Headwater’s Final Election, Verizon and T-Mobile would each serve a

Final Election of Prior Art, identifying no more than six asserted prior art references per patent and

no more than 20 total references across all patents. 

Best,

Charlie

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 2 of 20 PageID #: 546
Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

From: Kristopher Davis <kdavis@raklaw.com>

Sent: Thursday, February 22, 2024 5:07 PM

To: Sim, Charlie <CSim@gibsondunn.com>

Cc: Robb, Andrew <ARobb@gibsondunn.com>; Jason Wietholter <jwietholter@raklaw.com>; Marc

Fenster <mfenster@raklaw.com>; headwater@raklaw.com; *** GDCVerizon-Headwater <GDCVerizonHeadwater@gibsondunn.com>; Singh, Tej <tej.singh@hoganlovells.com>; Zhang, Yi

<yi.zhang@hoganlovells.com>; Crowson, Celine J. <celine.crowson@hoganlovells.com>

Subject: Re: Headwater v. Verizon (23-cv-352) (E.D. Tex.) - Correspondence

[WARNING: External Email]

Charlie,

In a further effort to compromise and address the timing concerns you raised, Headwater is willing to

agree to the following mutual narrowing. Please let us know whether you agree.

1. No later than 21 days before the parties’ exchange of proposed terms for claim construction (PR 4-

1), Headwater would serve its First Election of Asserted Claims, identifying no more than 192 total

asserted claims across all patents.

2. No later than 14 days after submission of the parties’ Joint Claim Construction Statement,

Headwater would serve its Second Election of Asserted Claims, identifying no more than 128 total

asserted claims across all patents.

3. No later than 14 days after Headwater’s First Election, Verizon/T-Mobile would serve its First

Election of Prior Art, identifying no more than 64 total references across all patents.

4. No later than 28 days before the service of opening expert reports, Headwater would serve its

Third Election of Asserted Claims, identifying no more than 64 total asserted claims across all

patents.

5. No later than 28 days after Headwater’s Second Election, Verizon/T-Mobile would serve its Second

Election of Prior Art, identifying no more than 32 total references across all patents.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 3 of 20 PageID #: 547
On Feb 22, 2024, at 1:14 PM, Sim, Charlie <CSim@gibsondunn.com> wrote:

Counsel,

We write to memorialize the issues discussed on today’s lead-and-local conference.

Supplementation of Contentions. We reiterated that we intend to seek leave to

supplement Verizon’s invalidity contentions to align them with T-Mobile’s, and further

supplement both Verizon’s and T-Mobile’s contentions to align them with those served by

AT&T. We further explained that our planned supplementation will also include some

additional evidence and citations in support of our already-disclosed system art theories,

related to the Android Operating System. See Exs. A-16 and D-17 to Verizon and T-Mobile’s

Invalidity Contentions.

We reiterated our previous proposal that the parties agree to mutual supplementation of

infringement and invalidity contentions, given that Headwater has already served

supplemental infringement contentions against Verizon without seeking leave of Court.

Headwater indicated its belief that the Local Rules did not require it to seek leave of Court

to supplement its infringement contentions since they were served in response to

deficiencies identified by Defendants. As for Headwater’s opposition to Defendant’s

proposed supplementation, when we requested that Headwater identify any prejudice from

the supplementation, Headwater identified only the “time that has passed.” Headwater

agreed to get back to Defendants by tomorrow on whether Headwater will agree to mutual

supplementation, or whether the parties are instead at an impasse.

Claim Narrowing. We reiterated our concerns from our February 2, 2024 letter and

February 13, 2024 meet-and-confer, and specifically reiterated that Headwater’s proposal

for claim narrowing is insufficient, and Defendants require a substantial reduction in the

number of asserted claims occurring well in advance of the start of the claim construction

process. Headwater committed to following up with Defendants this afternoon to indicate

whether they are able to commit to such narrowing, or whether the parties are at an

impasse.

Finally, as to both of the above issues, the parties agreed that this conference satisfied the

requirements of Local Rule CV-7(h) as to any future motion practice related to the above

issues.

Best,

Charlie

Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

From: Kristopher Davis <kdavis@raklaw.com>

Sent: Tuesday, February 20, 2024 2:38 PM

To: Sim, Charlie <CSim@gibsondunn.com>

Cc: Robb, Andrew <ARobb@gibsondunn.com>; Jason Wietholter

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 4 of 20 PageID #: 548
<jwietholter@raklaw.com>; Marc Fenster <mfenster@raklaw.com>;

headwater@raklaw.com; *** GDCVerizon-Headwater <GDCVerizonHeadwater@gibsondunn.com>; Singh, Tej <tej.singh@hoganlovells.com>; Zhang, Yi

<yi.zhang@hoganlovells.com>; Crowson, Celine J. <celine.crowson@hoganlovells.com>

Subject: Re: Headwater v. Verizon (23-cv-352) (E.D. Tex.) - Correspondence

[WARNING: External Email]

Charlie,

Headwater is available at 11:00 am PT on Thursday.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Feb 20, 2024, at 7:32 AM, Sim, Charlie <CSim@gibsondunn.com> wrote:

Counsel,

We have not heard back from you on our proposal to meet and confer at 11am

ET today. Please confirm whether Headwater can be available at 11am ET

today within the next fifteen minutes, and we will circulate a dial-in. 

Otherwise, please identify specific times on Thursday when Headwater is

available for a lead and local meet and confer.

Thanks,

Charlie

Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

From: Sim, Charlie <CSim@gibsondunn.com>

Sent: Monday, February 19, 2024 5:09 PM

To: Kristopher Davis <kdavis@raklaw.com>; Robb, Andrew

<ARobb@gibsondunn.com>

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 5 of 20 PageID #: 549
Cc: Jason Wietholter <jwietholter@raklaw.com>; Marc Fenster

<mfenster@raklaw.com>; headwater@raklaw.com; *** GDCVerizonHeadwater <GDCVerizon-Headwater@gibsondunn.com>; Singh, Tej

<tej.singh@hoganlovells.com>; Zhang, Yi <yi.zhang@hoganlovells.com>;

Crowson, Celine J. <celine.crowson@hoganlovells.com>

Subject: RE: Headwater v. Verizon (23-cv-352) (E.D. Tex.) - Correspondence

Correction – that should read “tomorrow (February 20th).”

Thanks,

Charlie

Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

From: Sim, Charlie

Sent: Monday, February 19, 2024 5:08 PM

To: 'Kristopher Davis' <kdavis@raklaw.com>; Robb, Andrew

<ARobb@gibsondunn.com>

Cc: Jason Wietholter <jwietholter@raklaw.com>; Marc Fenster

<mfenster@raklaw.com>;headwater@raklaw.com; *** GDCVerizonHeadwater <GDCVerizon-Headwater@gibsondunn.com>; Singh, Tej

<tej.singh@hoganlovells.com>; Zhang, Yi <yi.zhang@hoganlovells.com>;

Crowson, Celine J. <celine.crowson@hoganlovells.com>

Subject: RE: Headwater v. Verizon (23-cv-352) (E.D. Tex.) - Correspondence

Hi Kris,

Defendants are available for a lead and local M&C tomorrow (February 19th) at

11am ET. Please let me know if this time works for you, and we can circulate a

dial-in. 

Thanks,

Charlie

Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

From: Kristopher Davis <kdavis@raklaw.com>

Sent: Saturday, February 17, 2024 11:48 AM

To: Robb, Andrew <ARobb@gibsondunn.com>

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 6 of 20 PageID #: 550
Cc: Jason Wietholter <jwietholter@raklaw.com>; Sim, Charlie

<CSim@gibsondunn.com>; Marc Fenster <mfenster@raklaw.com>;

headwater@raklaw.com; *** GDCVerizon-Headwater <GDCVerizonHeadwater@gibsondunn.com>; Singh, Tej <tej.singh@hoganlovells.com>;

Zhang, Yi <yi.zhang@hoganlovells.com>; Crowson, Celine J.

<celine.crowson@hoganlovells.com>

Subject: Re: Headwater v. Verizon (23-cv-352) (E.D. Tex.) - Correspondence

[WARNING: External Email]

Andrew,

Please let us know your availability on Tuesday/Thursday (Feb. 20/22) for the

M&C.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Feb 16, 2024, at 1:17 PM, Robb, Andrew

<ARobb@gibsondunn.com> wrote:

Counsel –

You stated on the call that you would, in parallel, find times for a

lead-local call to discuss this and the supplementation of invalidity

and infringement contentions. We have not heard back from you

on that. By COB today, can you please provide Headwater’s

availability for a lead-local call early next week?

Best regards,

Andrew

Andrew Robb

Associate Attorney

T: +1 650.849.5334 | M: +1 408.960.9187

ARobb@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

310 University Avenue, Palo Alto, CA 94301-1744

From: Kristopher Davis <kdavis@raklaw.com>

Sent: Friday, February 16, 2024 1:11 PM

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 7 of 20 PageID #: 551
To: Robb, Andrew <ARobb@gibsondunn.com>

Cc: Jason Wietholter <jwietholter@raklaw.com>; Sim, Charlie

<CSim@gibsondunn.com>; Marc Fenster

<mfenster@raklaw.com>; headwater@raklaw.com; ***

GDCVerizon-Headwater <GDCVerizonHeadwater@gibsondunn.com>

Subject: Re: Headwater v. Verizon (23-cv-352) (E.D. Tex.) -

Correspondence

[WARNING: External Email]

Andrew,

Please find below Headwater’s proposal on asserted claim and

prior art narrowing:

1. No later than 14 days after submission of the parties’ Joint

Claim Construction Statement, Headwater would serve its

First Election of Asserted Claims, identifying no more than

128 total asserted claims across all patents.

2. No later than 14 days after Headwater’s First Election,

Verizon/T-Mobile would serve its First Election of Prior Art,

identifying no more than 64 total references across all

patents.

3. No later than 28 days before the service of opening expert

reports, Headwater would serve its Second Election of

Asserted Claims, identifying no more than 64 total asserted

claims across all patents.

4. No later than 28 days after Headwater’s Second Election,

Verizon/T-Mobile would serve its Second Election of Prior

Art, identifying no more than 32 total references across all

patents.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Feb 13, 2024, at 3:42 PM, Robb, Andrew

<ARobb@gibsondunn.com> wrote:

Counsel – to confirm, on the call, we stated our

position, and you stated you would get back to us

this week with a counter-proposal. Given the need

to get resolution on this issue promptly, the length

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 8 of 20 PageID #: 552
of time it has been outstanding with no substantive

proposal from Headwater, and the unlikeliness that

the parties will agree, you agreed to check schedules

for a lead-local call in parallel. To that end, please

let us know when your side is available for a leadlocal call this week.

Best regards,

Andrew

Andrew Robb

Associate Attorney

T: +1 650.849.5334 | M: +1 408.960.9187

ARobb@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

310 University Avenue, Palo Alto, CA 94301-1744

From: Robb, Andrew

Sent: Tuesday, February 13, 2024 10:33 AM

To: 'Jason Wietholter' <jwietholter@raklaw.com>;

Sim, Charlie <CSim@gibsondunn.com>

Cc: Marc Fenster <mfenster@raklaw.com>;

Kristopher Davis <kdavis@raklaw.com>;

headwater@raklaw.com; *** GDCVerizonHeadwater <GDCVerizonHeadwater@gibsondunn.com>

Subject: RE: Headwater v. Verizon (23-cv-352) (E.D.

Tex.) - Correspondence

Counsel –

We can attend at that time. We’ll need to use the

following dial-in information, instead of the zoom

link. We’ll update the calendar invitation shortly to

reflect that.

Dial-in: 877-420-0272

Guest code: 6508495334

Andrew Robb

Associate Attorney

T: +1 650.849.5334 | M: +1 408.960.9187

ARobb@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

310 University Avenue, Palo Alto, CA 94301-1744

From: Jason Wietholter <jwietholter@raklaw.com>

Sent: Tuesday, February 13, 2024 9:58 AM

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 9 of 20 PageID #: 553
To: Sim, Charlie <CSim@gibsondunn.com>

Cc: Marc Fenster <mfenster@raklaw.com>;

Kristopher Davis

<kdavis@raklaw.com>;headwater@raklaw.com; ***

GDCVerizon-Headwater <GDCVerizonHeadwater@gibsondunn.com>

Subject: Re: Headwater v. Verizon (23-cv-352) (E.D.

Tex.) - Correspondence

[WARNING: External Email]

Thanks for clarifying, Charlie.

A lead and local meet and confer is premature at

this point, especially in light of the fact that the

parties have already agreed to meet and confer

today at 1:30PM PT to discuss claim narrowing.

Please confirm that Verizon will be attending the

meet and confer today. 

Regards,

Jason Wietholter

Russ, August & Kabat

12424 Wilshire Boulevard, 12th Floor | Los Angeles,

California 90025

Main +1 310 826 7474 | jwietholter@raklaw.com |

www.raklaw.com

-----------------------------------

This communication shall not create, waive or

modify any right, obligation or liability, or be

construed to contain or be an electronic signature.

This communication may contain information that is

legally privileged, confidential or exempt from

disclosure, and is intended only for the named

addressee(s). If you are not the intended recipient,

please note that any dissemination, distribution, or

copying of this communication is prohibited.

On Feb 12, 2024, at 6:38 PM, Sim,

Charlie <CSim@gibsondunn.com>

wrote:

Apologies for the miscommunication,

Jason.

We would like to proceed with a lead

and local meet and confer. Please

indicate the times when Headwater is

available this week.

Thanks,

Charlie

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 10 of 20 PageID #: 554
Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1

607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY

10166-0193

From: Jason Wietholter

<jwietholter@raklaw.com>

Sent: Monday, February 12, 2024 6:08

PM

To: Sim, Charlie

<CSim@gibsondunn.com>

Cc: Marc Fenster

<mfenster@raklaw.com>; Kristopher

Davis <kdavis@raklaw.com>;

headwater@raklaw.com; ***

GDCVerizon-Headwater <GDCVerizonHeadwater@gibsondunn.com>

Subject: Re: Headwater v. Verizon (23-

cv-352) (E.D. Tex.) - Correspondence

[WARNING: External Email]

Charlie,

Your email from this afternoon is the

first indication that you sought a meet

and confer with lead and local counsel.

We are unable to confirm availability

on such short notice.

We will plan on meeting and conferring

without lead and local counsel

tomorrow at 1:30PM PT as previously

agreed.

Thanks,

Jason Wietholter

Russ, August & Kabat

12424 Wilshire Boulevard, 12th Floor |

Los Angeles, California 90025

Main +1 310 826 7474 |

jwietholter@raklaw.com |

www.raklaw.com

-----------------------------------

This communication shall not create,

waive or modify any right, obligation or

liability, or be construed to contain or

be an electronic signature. This

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 11 of 20 PageID #: 555
communication may contain

information that is legally privileged,

confidential or exempt from disclosure,

and is intended only for the named

addressee(s). If you are not the

intended recipient, please note that

any dissemination, distribution, or

copying of this communication is

prohibited.

On Feb 12, 2024, at

1:57 PM, Sim, Charlie

<CSim@gibsondunn.com

> wrote:

Thank you Jason,

Lead and local counsel for

Verizon and T-Mobile are

available tomorrow at

1:30pm PT. We will

circulate a dial-in

momentarily.

Please confirm that lead

and local counsel for

Headwater will be on for

that conference.

Thanks,

Charlie

Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M:

+1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher

LLP

200 Park Avenue, New

York, NY 10166-0193

From: Jason Wietholter

<jwietholter@raklaw.com

>

Sent: Friday, February 9,

2024 5:08 PM

To: Sim, Charlie

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 12 of 20 PageID #: 556
<CSim@gibsondunn.com

>

Cc: Marc Fenster

<mfenster@raklaw.com>;

Kristopher Davis

<kdavis@raklaw.com>;

headwater@raklaw.com;

*** GDCVerizonHeadwater <GDCVerizonHeadwater@gibsondunn.

com>

Subject: Re: Headwater v.

Verizon (23-cv-352) (E.D.

Tex.) - Correspondence

[WARNING: External Email]

Charlie,

We are available to meet

and confer on Tuesday at

10AM PT or 1:30PM PT.

Please let us know which

of those times work for

you and circulate a dial in.

Regards,

Jason Wietholter

Russ, August & Kabat

12424 Wilshire

Boulevard, 12th Floor |

Los Angeles, California

90025

Main +1 310 826 7474 |

jwietholter@raklaw.com

| www.raklaw.com

----------------------------------

-

This communication shall

not create, waive or

modify any right,

obligation or liability, or

be construed to contain

or be an electronic

signature. This

communication may

contain information that

is legally privileged,

confidential or exempt

from disclosure, and is

intended only for the

named addressee(s). If

you are not the intended

recipient, please note

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 13 of 20 PageID #: 557
that any dissemination,

distribution, or copying of

this communication is

prohibited.

On Feb 9,

2024, at

2:16 PM,

Sim, Charlie

<CSim@gibs

ondunn.com

> wrote:

Counsel,

Following up

on the

below

corresponde

nce from

Verizon, and

the similar

corresponde

nce on

behalf of TMobile.

Headwater

continues to

refuse to

engage in

meaningful

narrowing of

the asserted

claims.

Verizon and

T-Mobile

both raised

this issue

months ago

during

negotiation

of the

Docket

Control

Orders in

their

respective

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 14 of 20 PageID #: 558
litigations,

explained

the undue

burden of

litigating

hundreds of

asserted

claims, and

proposed a

timely

narrowing of

the asserted

claims by

November.

Headwater

rejected our

proposal as

“premature.

” In letters

served on

February 2,

2024, on

behalf of

Verizon and

T-Mobile,

we again

requested

that

Headwater

commit to

meaningful

narrowing of

its nearly

threehundred

asserted

claims, and

proposed a

reasonable

schedule for

doing so.

The need for

meaningful

narrowing of

the asserted

claims is

urgent—

Headwater’s

refusal to

even discuss

this issue

continues to

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 15 of 20 PageID #: 559
prejudice

Verizon and

T-Mobile in

the

preparation

of their

defenses.

Please

indicate

times early

next week

when

Headwater

is available

to meet and

confer

regarding

our proposal

for claim

narrowing

(and a

commensur

ate

narrowing of

asserted

prior art). If

we cannot

reach

agreement

on claim

narrowing,

we intend to

seek relief

from the

Court.

Best,

Charlie

Charlie Sim

Associate

Attorney

T: +1

212.351.627

4 | M: +1

607.339.165

2

CSim@gibs

ondunn.com

GIBSON

DUNN

Gibson,

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 16 of 20 PageID #: 560
Dunn &

Crutcher

LLP

200 Park

Avenue,

New York,

NY 10166-

0193

From: Sim,

Charlie

<CSim@gibs

ondunn.com

>

Sent: Friday,

February 2,

2024 9:06

AM

To: Marc

Fenster

<mfenster@

raklaw.com>

; Kristopher

Davis

<kdavis@rak

law.com>;

headwater

@raklaw.co

m

Cc: ***

GDCVerizonHeadwater

<GDCVerizo

nHeadwater

@gibsondun

n.com>

Subject:

Headwater

v. Verizon

(23-cv-352)

(E.D. Tex.) -

Correspond

ence

Counsel,

Please see

the attached

corresponde

nce on

behalf of

Verizon.

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 17 of 20 PageID #: 561
Charlie

Charlie Sim

Associate

Attorney

T: +1

212.351.627

4 | M: +1

607.339.165

2

CSim@gibs

ondunn.com

GIBSON

DUNN

Gibson,

Dunn &

Crutcher

LLP

200 Park

Avenue,

New York,

NY 10166-

0193

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Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 18 of 20 PageID #: 562
gibsondunn.c

om/ for

information

regarding the

firm and/or

our privacy

policy.

This message may contain

confidential and privileged

information for the sole use

of the intended recipient.

Any review, disclosure,

distribution by others or

forwarding without express

permission is strictly

prohibited. If it has been

sent to you in error, please

reply to advise the sender

of the error and then

immediately delete this

message.

Please see our website at

https://www.gibsondunn.co

m/ for information

regarding the firm and/or

our privacy policy.

This message may contain confidential

and privileged information for the sole

use of the intended recipient. Any review,

disclosure, distribution by others or

forwarding without express permission is

strictly prohibited. If it has been sent to

you in error, please reply to advise the

sender of the error and then immediately

delete this message.

Please see our website at

https://www.gibsondunn.com/ for

information regarding the firm and/or our

privacy policy.

This message may contain confidential and privileged

information for the sole use of the intended recipient. Any

review, disclosure, distribution by others or forwarding

without express permission is strictly prohibited. If it has

been sent to you in error, please reply to advise the sender

of the error and then immediately delete this message.

Please see our website at https://www.gibsondunn.com/ for

information regarding the firm and/or our privacy policy.

This message may contain confidential and privileged information for the

sole use of the intended recipient. Any review, disclosure, distribution by

others or forwarding without express permission is strictly prohibited. If it

has been sent to you in error, please reply to advise the sender of the error

and then immediately delete this message.

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 19 of 20 PageID #: 563
Please see our website at https://www.gibsondunn.com/ for information

regarding the firm and/or our privacy policy.

This message may contain confidential and privileged information for the sole use of the

intended recipient. Any review, disclosure, distribution by others or forwarding without

express permission is strictly prohibited. If it has been sent to you in error, please reply to

advise the sender of the error and then immediately delete this message.

Please see our website at https://www.gibsondunn.com/ for information regarding the firm

and/or our privacy policy.

This message may contain confidential and privileged information for the sole use of the intended

recipient. Any review, disclosure, distribution by others or forwarding without express permission is

strictly prohibited. If it has been sent to you in error, please reply to advise the sender of the error and

then immediately delete this message.

Please see our website at https://www.gibsondunn.com/ for information regarding the firm and/or our

privacy policy.

This message may contain confidential and privileged information for the sole use of the intended recipient. Any review,

disclosure, distribution by others or forwarding without express permission is strictly prohibited. If it has been sent to you

in error, please reply to advise the sender of the error and then immediately delete this message.

Please see our website at https://www.gibsondunn.com/ for information regarding the firm and/or our privacy policy.

Case 2:23-cv-00379-JRG-RSP Document 58-3 Filed 04/30/24 Page 20 of 20 PageID #: 564