Exhibit 1

Case 2:11-cv-01210-JMV-SCM Document 469-4 Filed 06/21/19 Page 1 of 3 PageID: 19887
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From: "Robinson, Frederick" <FRobinson@reedsmith.com> 

Date: September 12, 2018 at 1:07:49 PM EDT 

To: 'Bill Carmody' <bcarmody@SusmanGodfrey.com> 

Subject: FW: United States ex rel. Bahnsen v. Boston Scientific Neuromodulation Corporation Mediation 

- October 22, 2018

Bill,

Two things:

You should know that Judge Phillips currently is mediating a case to which we are a 

party. We don’t think that is disqualifying, but thought his disclosure didn’t make this 

clear.

More importantly, given the significant fee that Judge Phillips charges for his services, 

we are not convinced that now is the right time to employ him as a mediator. We think 

the chances for success in the mediation will be enhanced if we hold the mediation after 

Judge Vasquez has ruled on the pending motions in limine. Although we do not know 

when the judge will be ruling on the motions (maybe your local counsel has some ideas 

about this), I suggest we ask Judge Phillips about possible mediation dates in 

November and December.

Thanks.

Rick Robinson | Partner

ReedSmithLLP

1301 K Street, N.W. 

Suite 1100 – East Tower

Washington, D.C. 20005-3373

Direct +1 202-414-9259

Fax +1 202-414-9299

frobinson@reedsmith.com

From: Amanda Saunders <ASaunders@phillipsadr.com> On Behalf Of Meghan Lettington 

Sent: Tuesday, September 11, 2018 1:21 PM 

To: Bill Carmody <bcarmody@SusmanGodfrey.com>; Arun Subramanian 

<asubramanian@SusmanGodfrey.com>; 'mmusico@susmangodfrey.com' 

<mmusico@susmangodfrey.com>; 'mgervais@susmangodfrey.com' <mgervais@susmangodfrey.com>; 

Robinson, Frederick <FRobinson@reedsmith.com>; Reynolds, Lesley C. <LReynolds@reedsmith.com> 

Cc: Amanda Saunders <ASaunders@phillipsadr.com>; Meghan Lettington 

<MLettington@phillipsadr.com> 

Subject: United States ex rel. Bahnsen v. Boston Scientific Neuromodulation Corporation Mediation ‐ 

October 22, 2018 

Case 2:11-cv-01210-JMV-SCM Document 469-4 Filed 06/21/19 Page 2 of 3 PageID: 19888
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Dear Counsel:   

  

Please find attached Judge Phillips’ retention agreement and accompanying invoices for the above 

referenced matter. Please let us know when the parties have agreed to a specific location for the 

mediation in Los Angeles. 

  

By way of disclosure, please note that Judge Phillips has previously mediated matters where Susman 

Godfrey LLP and Reed Smith LLP served as counsel to a party. 

  

Judge Phillips does not believe these disclosures represent conflicts that would disqualify him from 

serving as the neutral mediator in the above referenced matter.  He did, however, feel they warranted 

disclosure to the parties.  

  

Please pay particular attention to our cancellation policy which is set forth in the retention agreement 

and return the signed retainer as soon as possible. 

  

Let me know if you have any questions. 

  

Meghan Lettington  

  

 

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