Exhibit 1 

Case 2:24-cv-00093-JRG Document 102-1 Filed 11/05/24 Page 1 of 4 PageID #: 4986
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Subject: Subject: RE: VirtaMove v. HPE: Meet and Confer re. Motion to Transfer

Date: Date: Monday, October 14, 2024 at 9:23:08AM Central Daylight Time

From: From: Muenks, Melissa

To: To: Peter Tong, rak_virtamove@raklaw.com

CC: CC: DL HPE-VirtaMove, EXT Doan, Jennifer (Amazon), EXT Thane, Josh (Amazon)

Hi Peter,

Thank you for your email. We are disappointed we did not get a firm proposal from you. As you

are surely aware, a proposal con>ngent on every piece of evidence we will present at trial--

before a single deposi>on has occurred and before VirtaMove has made disclosures it is

required to make--is not prac>cal or realis>c; even the DCO and procedures in place

contemplate numerous case narrowing stages and limita>ons on exhibits. Accordingly, we

understand you oppose our mo>on, so we will plan to file that today.

Regards,

Melissa

From: Peter Tong <ptong@raklaw.com>

Sent: Friday, October 11, 2024 6:13 PM

To: Muenks, Melissa <Melissa.Muenks@BakerBoXs.com>; rak_virtamove@raklaw.com

Cc: DL HPE-VirtaMove <DL_HPE-VirtaMove@BakerBoXs.com>; EXT Doan, Jennifer (Amazon)

<jdoan@haltomdoan.com>; EXT Thane, Josh (Amazon) <jthane@haltomdoan.com>

Subject: Subject: Re: VirtaMove v. HPE: Meet and Confer re. Mo>on to Transfer

[EXTERNAL EMAIL]

HPE team,

Thank you for meeting and conferring today. Here is a proposal for how we should proceed with the

rest of this meet-and-confer process:

First, in order for VirtaMove to provide a concrete proposal, VirtaMove is still requesting that HPE

identify the witnesses and evidence that it will assert at trial, as well as the locations of the

evidence and witnesses. Only then can VirtaMove evaluate the merits of any transfer motion and

articulate a concrete o[er (or reject it completely). This should not be burdensome to HPE, as HPE

should be preparing to identify this information in its transfer motion (especially if HPE is ready to

file on Monday). Although we did not get into this during our meet and confer, it appears that based

on the email correspondence below, the parties are in agreement that discovery issues are

preventing HPE from compiling its final lists.

Second, after VirtaMove receives the HPE’s evidence list and witness list, VirtaMove will propose (if

warranted) an o[er to stipulate to transfer in exchange for HPE’s commitment that the relevant

evidence/witnesses identified by HPE in support of its transfer position will be the only

witnesses/evidence that HPE presents at trial, with the possibility of HPE also being allowed to

present other evidence/witnesses from locations closer to the NDCA, but witnesses/evidence from

locations closer to the EDTX.  This commitment necessary to avoid HPE transferring the case to the

Case 2:24-cv-00093-JRG Document 102-1 Filed 11/05/24 Page 2 of 4 PageID #: 4987
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NDCA for convenience, only to later decide HPE wants to call lots of witnesses from eastern

Canada/Texas. VirtaMove is open to discussing the possibility of permitting witnesses who are

located at places closer to Texas than to the NDCA and play those depositions at trial in the NDCA,

but these witnesses may have been willing to travel a shorter distance to Texas to testify live.

Peter Tong

Russ, August & Kabat

4925 Greenville Avenue, Suite 200 | Dallas, Texas 75206

Main +1 310 826 7474 | ptong@raklaw.com | www.raklaw.com

From: "Muenks, Melissa" <Melissa.Muenks@BakerBoXs.com>

Date: Friday, October 11, 2024 at 4:45 PM

To: Peter Tong <ptong@raklaw.com>, "rak_virtamove@raklaw.com"

<rak_virtamove@raklaw.com>

Cc: DL HPE-VirtaMove <DL_HPE-VirtaMove@BakerBoXs.com>, "EXT Doan, Jennifer (Amazon)"

<jdoan@haltomdoan.com>, "EXT Thane, Josh (Amazon)" <jthane@haltomdoan.com>

Subject: Subject: RE: VirtaMove v. HPE: Meet and Confer re. Mo>on to Transfer

Peter,

Thank you for the meet and confer today. We understand that plain>ff opposes our mo>on to transfer to

NDCA, but that it believes there may be poten>al to nego>ate a resolu>on to the issue whereby plain>ff

would s>pulate to transfer in exchange for some yet-to-be-specified concessions. We expect to receive

your proposal today. If we do not hear from you today, we will proceed with filing our mo>on as

opposed on Monday.

Regards,

Melissa

From: Peter Tong <ptong@raklaw.com>

Date: October 8, 2024 at 5:31:41 PM CDT

To: "Deer, Emily" <emily.deer@bakerboXs.com>, rak_virtamove@raklaw.com

Cc: DL HPE-VirtaMove <DL_HPE-VirtaMove@bakerboXs.com>, "EXT Doan, Jennifer

(Amazon)" <jdoan@haltomdoan.com>, "EXT Thane, Josh (Amazon)"

<jthane@haltomdoan.com>

Subject: Subject: Re: VirtaMove v. HPE: Meet and Confer re. Mo>on to Transfer Re: VirtaMove v. HPE: Meet and Confer re. Mo>on to Transfer

[EXTERNAL EMAIL]

Hi Emily,

We are available to meet and confer, but before we do so, can you identify the

evidence and witnesses that HPE intends to present at trial, as well as their locations? 

This will allow us to have a meaningful meet and confer. 

Peter Tong

Russ, August & Kabat

Case 2:24-cv-00093-JRG Document 102-1 Filed 11/05/24 Page 3 of 4 PageID #: 4988
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4925 Greenville Avenue, Suite 200 | Dallas, Texas 75206

Main +1 310 826 7474 | ptong@raklaw.com | www.raklaw.com

From: "Deer, Emily" <emily.deer@bakerboXs.com>

Date: Monday, October 7, 2024 at 5:56 PM

To: "rak_virtamove@raklaw.com" <rak_virtamove@raklaw.com>

Cc: DL HPE-VirtaMove <DL_HPE-VirtaMove@BakerBoXs.com>, "EXT Doan, Jennifer

(Amazon)" <jdoan@haltomdoan.com>, "EXT Thane, Josh (Amazon)"

<jthane@haltomdoan.com>

Subject: Subject: VirtaMove v. HPE: Meet and Confer re. Mo>on to Transfer

Counsel,

HPE intends to file a mo>on to transfer to NDCA under § 1404. Please let us know your

availability for a meet and confer tomorrow or Wednesday.

Best,

Emily Deer

Associate

Baker Botts L.L.P.

emily.deer@bakerbotts.com

T +1.214.953.6660

M +1.214.926.2624

2001 Ross Avenue, Suite 900

Dallas, Texas 75201

United States

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