Preview
1 10/02/2020
BOUTIN JONES INC.
Robert D. Swanson (SBN 162816)
2 Eric C. Miller (SBN 302594)
Ian K. McGlone (SBN 315201)
3 555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
4 Telephone: (916) 321-4444
Facsimile: (916) 441-7597
5
Attorneys for Defendants Attorneys for Defendants
6 Troy Glenn; Casey Clifford; Ali Dhue; and
The Intellekt Group, LLC, a Texas limited liability company
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF PLACER – CIVIL - UNLIMITED
10 TROFHOLZ TECHNOLOGIES, INC., a ) Case No. SCV 0041857
California corporation, )
11 ) DECLARATION OF ERIC MILLER IN
Plaintiff, ) OPPOSITION TO PLAINTIFF’S MOTION
12 ) TO COMPEL PRODUCTION OF
vs. ) DOCUMENTS
13 )
TROY GLENN, an individual; CASEY ) DATE: October 16, 2020
14 CLIFFORD, an individual; ALI DHUE, an ) TIME: 8:30 A.M.
individual; THE INTELLEKT GROUP, ) DEPT. 42
15 LLC, a Texas limited liability company; and ) JUDGE: Hon. Charles W. Wachob
DOES 1-100, inclusive, )
16 ) Complaint Filed: September 24, 2018
Defendants. ) Current Trial Date: November 9, 2020
17 )
)
18 )
19 I, Eric Miller, Declare:
20 1. I am an attorney at law licensed to practice before all state courts in the State of
21 California. I am Counsel at Boutin Jones, Inc., attorneys of record for Troy Glenn, Casey Clifford,
22 Ali Dhue, and The Intellekt Group, LLC.
23 2. This Declaration is based upon my own personal knowledge, and as to those matters
24 based upon information and belief, I believe them to be true.
25 3. I make this Declaration in support of The Intellekt Group, LLC’s (“Intellekt”)
26 Opposition to Plaintiff’s Motion to Compel Production of Documents.
27 4. On September 30, 2020, I submitted a declaration in support of Intellekt’s Motion to
28 Compel, scheduled for hearing on October 23, 2020. The September 30 declaration and attached
1
DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL
1115068.1
1 exhibits describes the parties’ meet and confer efforts. Below, I provide additional information related
2 to Trofholz’s Motion to Compel.
3 5. In approximately March 2019, Defendants produced a first round of documents, Bate-
4 stamped INTK 1-2806. In approximately May 2019, Defendants produced a second round of
5 documents, INTK 2807-24715.
6 6. Beginning in approximately May 2019, Intellekt and Trofholz commenced meet and
7 confer discussions regarding each side’s respective discovery responses and document productions.
8 7. The parties agreed to a “pause” of the motion to compel deadlines, first to allow time
9 to work out discovery issues, and then to pursue settlement discussions. Trofholz’s principal, Yvonne
10 Glenn, and Intellekt’s principal, Troy Glenn, are also involved in a related family law matter, so the
11 parties also paused the meet and confer process anticipating that rulings in the family law matter may
12 resolve or narrow some of the discovery issues in this case.
13 8. In a March 2020 phone conversation, Trofholz’s former attorney stated that if Intellekt
14 produced the subject bid, Trofholz would view that as an act of good faith and would reciprocate by
15 addressing many of the deficiencies with respect to Trofholz’s discovery responses and document
16 production. Intellekt produced the bid in early March 2020. As of today’s date, despite the assurances
17 it made in March, Trofholz has not produced any new documents, nor has it amended any of its
18 discovery responses.
19 9. On September 28, 2020, Intellekt and Trofholz agreed to a mutual document exchange
20 which was to take place on September 30, 2020. Trofholz later informed Intellekt that it was not
21 prepared to produce the document exchange on September 30; however, it is anticipated the document
22 exchange will take place in the coming days. A true and correct copy of the email correspondence
23 related to this agreement is attached as Exhibit “A” to this declaration.
24 ///
25 ///
26 ///
27 ///
28 ///
2
DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL
1115068.1
1 I declare under penalty of perjury under the laws of the State of California that the foregoing is
2 true and correct, and that this Declaration was executed on October 2, 2020, in Woodland,
3 California.
4
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6 __________________________________
Eric C. Miller
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DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL
1115068.1
PROOF OF SERVICE
1
Trofholz Technologies, Inc. v. Troy Glenn, et al.
2 Placer County Superior Court Case No. SCV 0041857
3 I am employed in the County of Sacramento; my business address is 555 Capitol Mall,
Suite 1500, Sacramento, California 95814. I am over the age of eighteen years and not a party to
4 the foregoing action.
5 On October 2, 2020, I served the following document
6 DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO
COMPEL PRODUCTION OF DOCUMENTS
7
by electronic service to the following parties in said action [X] pursuant to the California
8 Rules of Court, Emergency Rule 12 (related to COVID-19).
9 I caused the document(s) to be transmitted to the person(s) at the e-mail address(es) set
forth below.
10
11 John B. Thomas Attorneys for Plaintiff
Bradley A. Benbrook Trofholz Technologies, Inc.
12 Stephen M. Duvernay
John J. Deis (pro hac vice pending)
13 Hicks Thomas LLP
400 Capitol Mall, Suite 2530
14 Sacramento, CA 95814
Tel.: (916) 447-4900
15 Fax (916) 447-4904
Email: jthomas@hicks-thomas.com
16 Email: bbenbrook@hicks-thomas.com
Email: sduvernay@hicks-thomas.com
17 Email: jdeis@hicks-thomas.com
18
I declare under penalty of perjury under the laws of the state of California that the foregoing
19 is true and correct and that this document was executed on October 2, 2020.
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23 Pamela Anne Lee
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DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL
1115068.1
Exhibit A
From: John Deis
Sent: Monday, September 28, 2020 9:58 AM
To: Eric Miller
Cc: Robert D. Swanson ; John Thomas
Subject: RE: [External] Documents and deposition dates
Eric,
The proposed document exchange will be on the categories referenced in the attached.
Regards,
John
From: John Deis
Sent: Monday, September 28, 2020 10:18 AM
To: Eric Miller
Cc: Robert D. Swanson; John Thomas
Subject: RE: [External] Documents and deposition dates
Eric,
Here is my understanding of the agreement we struck on our call Friday. Please let me know if you have any comments.
If not, please respond with your agreement to the terms below and we can get started on the continuance stipulation
and rescheduling depostions.
1. Documents ‐ Parties will simultaneously exchange documents pursuant to the attached email exchange.
‐We will aim for a Wednesday production, but will confer with clients to confirm that is technically achievable.
To confirm by COBMonday.
‐Will exchange documents in electronic format sufficient to load in database. Will exchange separate email on
preferred metadata etc.
‐Intellekt is producing bid supporting material AEO, Trofholz is not waiving any objections to the designation and
reserves its right to object to the designation and seek any other relief. The AEO designation will be part of the
hearing on Trofholz’s motion for relief currently set for October 16th.
‐After the exchange Trofholz will evaluate whether it needs to proceed with the Motion to Compel Hearing on
October 16th
2. Depositions
‐The parties will work to schedule one witness each side for October 8th‐9th (subject to confirming witness
availability and the production of documents above). The intent is to have completed two witnesses depositions
completed and a schedule for the reminder prior to the hearing on October 16th
1
3. Trial Stipulation – Parties will prepare a joint stipulation extending the trial date to Spring 2021, preferably an April trial date.
We will also stipulate the continuation of discovery through 30 days prior to trial.
From: Eric Miller [mailto:EMiller@boutinjones.com]
Sent: Friday, September 25, 2020 11:14 AM
To: John Deis
Cc: Robert D. Swanson; John Thomas
Subject: RE: [External] Documents and deposition dates
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
Sounds good, thanks John. What’s a good time?
From: John Deis
Sent: Friday, September 25, 2020 9:13 AM
To: Eric Miller
Cc: Robert D. Swanson ; John Thomas
Subject: RE: [External] Documents and deposition dates
Eric,
Lets talk. I think we can make this work, with a couple caveats.
From: Eric Miller [mailto:EMiller@boutinjones.com]
Sent: Thursday, September 24, 2020 8:05 PM
To: John Deis
Cc: Robert D. Swanson; John Thomas
Subject: RE: [External] Documents and deposition dates
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
John – we need the same commitment from Trofholz. As I mentioned in our call, the categories need to be broad
because I do not know what Trofholz is specifically withholding. We requested and need emails and documents related
to the subject Tinker bid. This includes discussions about pricing, income projections, staffing, technical aspects of the
bid, communications with the government regarding the bid, documents submitted to the Bidder’s Library, internal
communications related to Trofholz’s analysis of the solicitation, etc. We also requested and need emails related to
performance under the prior contract. (Please see RFP No. 1‐3 in my June letter). I understand there may be
confidentiality concerns and that records may need to be produced subject to our protective order.
Our proposed production includes the same as described above. I estimate between 12,000‐20,000 pages including
documents related to the PSA, communications related to the Taurean bid including emails with Taurean covering issues
such as pricing, staffing, preparation of the bid, communications with the government, etc.
Please describe what Trofholz is willing to produce in the first exchange. We still need additional documents beyond
what is described above (such as those related to the damages claim), but we consider this a good start. We have
attempted since February to get the ball rolling on these issues.
Thanks.
2
Eric
From: John Deis
Sent: Thursday, September 24, 2020 5:32 PM
To: Eric Miller
Cc: Robert D. Swanson ; John Thomas
Subject: RE: [External] Documents and deposition dates
Eric,
We discussed you providing a bullet point list of what Defendants would be willing to produce before we would agree to
the exchange. Is that no longer on the table? If so, that's going to be a deal breaker. We need some certainty in what it is
we are getting in the exchange.
John
Sent from my Verizon, Samsung Galaxy smartphone
‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐
From: Eric Miller
Date: 9/24/20 6:31 PM (GMT‐06:00)
To: John Deis
Cc: "Robert D. Swanson"
Subject: Documents and deposition dates
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
John,
Are you available tomorrow morning to discuss deposition dates? I spoke with Lee and Bill this afternoon.
As far as the document exchange, I propose that both sides agree to exchange documents and communications related
to the subject Tinker bid on Tuesday, September 29. Our production will also include emails and documents prior to the
bid process, e.g. related to the PSA for the prior Tinker contract.
We can tackle other discovery issues in a subsequent exchange. Please let me know your thoughts.
Thanks,
3
Eric
Eric Miller ● Attorney ● BOUTIN JONES INC. ● 555 Capitol Mall, Suite 1500
● Sacramento, CA 95814
Tel / 916.321.4444 ● Fax / 916.441.7597 ●
emiller@boutinjones.com
● www.boutinjones.com
CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom
it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law.
THE INFORMATION
CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS CONFIDENTIAL AND MAY BE PROTECTED FROM UNAUTHORIZED USE OR DISSEMINATION BY THE ATTORNEY‐
CLIENT AND/OR ATTORNEY WORK‐PRODUCT PRIVILEGES. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or
distribution of this information is strictly prohibited and may be subject to legal restriction or sanction.
Please notify the sender immediately by electronic mail or
telephone at 916.321.4444, of any unintended recipients and delete the original message without making any copies.
NOT INTENDED AS A SUBSTITUTE FOR A WRITING: Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance or
effect, absent an express statement to the contrary, this e‐mail message, its contents, and any attachments are not intended to represent an offer to enter into a
contract or an acceptance of any offer, and are not otherwise intended to bind the sender, the firm of Boutin Jones Inc., any of its clients, or any other person or entity.
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4
From: John Deis
Sent: Wednesday, September 30, 2020 1:04 PM
To: Eric Miller
Cc: Robert D. Swanson ; John Thomas
Subject: RE: [External] Documents and deposition dates
Eric,
We have received a substantial volume of electronic material from the client, primarily in .pst form. Our IT person is
processing it and we hope to be in a position to begin review tomorrow. I anticipate a fairly quick review process, but I
don’t know how long that will take at this point. Let’s talk again tomorrow afternoon and I should have a better idea of
when we can do the exchange.
John
From: Eric Miller [mailto:EMiller@boutinjones.com]
Sent: Wednesday, September 30, 2020 1:04 PM
To: John Deis
Cc: Robert D. Swanson; John Thomas
Subject: RE: [External] Documents and deposition dates
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
John – can you confirm that Trofholz will be producing documents today?
Also, give the volume of documents, I suggest we agree to a “clawback” agreement in the event emails or documents
unrelated to the dispute (e.g. emails related to unrelated contracts) are inadvertently produced. Please let me know
your thoughts.
Eric
From: John Deis
Sent: Monday, September 28, 2020 8:18 AM
To: Eric Miller
Cc: Robert D. Swanson ; John Thomas
Subject: RE: [External] Documents and deposition dates
Eric,
1
Preview
1 10/02/2020 BOUTIN JONES INC. Robert D. Swanson (SBN 162816) 2 Eric C. Miller (SBN 302594) Ian K. McGlone (SBN 315201) 3 555 Capitol Mall, Suite 1500 Sacramento, CA 95814-4603 4 Telephone: (916) 321-4444 Facsimile: (916) 441-7597 5 Attorneys for Defendants Attorneys for Defendants 6 Troy Glenn; Casey Clifford; Ali Dhue; and The Intellekt Group, LLC, a Texas limited liability company 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF PLACER – CIVIL - UNLIMITED 10 TROFHOLZ TECHNOLOGIES, INC., a ) Case No. SCV 0041857 California corporation, ) 11 ) DECLARATION OF ERIC MILLER IN Plaintiff, ) OPPOSITION TO PLAINTIFF’S MOTION 12 ) TO COMPEL PRODUCTION OF vs. ) DOCUMENTS 13 ) TROY GLENN, an individual; CASEY ) DATE: October 16, 2020 14 CLIFFORD, an individual; ALI DHUE, an ) TIME: 8:30 A.M. individual; THE INTELLEKT GROUP, ) DEPT. 42 15 LLC, a Texas limited liability company; and ) JUDGE: Hon. Charles W. Wachob DOES 1-100, inclusive, ) 16 ) Complaint Filed: September 24, 2018 Defendants. ) Current Trial Date: November 9, 2020 17 ) ) 18 ) 19 I, Eric Miller, Declare: 20 1. I am an attorney at law licensed to practice before all state courts in the State of 21 California. I am Counsel at Boutin Jones, Inc., attorneys of record for Troy Glenn, Casey Clifford, 22 Ali Dhue, and The Intellekt Group, LLC. 23 2. This Declaration is based upon my own personal knowledge, and as to those matters 24 based upon information and belief, I believe them to be true. 25 3. I make this Declaration in support of The Intellekt Group, LLC’s (“Intellekt”) 26 Opposition to Plaintiff’s Motion to Compel Production of Documents. 27 4. On September 30, 2020, I submitted a declaration in support of Intellekt’s Motion to 28 Compel, scheduled for hearing on October 23, 2020. The September 30 declaration and attached 1 DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL 1115068.1 1 exhibits describes the parties’ meet and confer efforts. Below, I provide additional information related 2 to Trofholz’s Motion to Compel. 3 5. In approximately March 2019, Defendants produced a first round of documents, Bate- 4 stamped INTK 1-2806. In approximately May 2019, Defendants produced a second round of 5 documents, INTK 2807-24715. 6 6. Beginning in approximately May 2019, Intellekt and Trofholz commenced meet and 7 confer discussions regarding each side’s respective discovery responses and document productions. 8 7. The parties agreed to a “pause” of the motion to compel deadlines, first to allow time 9 to work out discovery issues, and then to pursue settlement discussions. Trofholz’s principal, Yvonne 10 Glenn, and Intellekt’s principal, Troy Glenn, are also involved in a related family law matter, so the 11 parties also paused the meet and confer process anticipating that rulings in the family law matter may 12 resolve or narrow some of the discovery issues in this case. 13 8. In a March 2020 phone conversation, Trofholz’s former attorney stated that if Intellekt 14 produced the subject bid, Trofholz would view that as an act of good faith and would reciprocate by 15 addressing many of the deficiencies with respect to Trofholz’s discovery responses and document 16 production. Intellekt produced the bid in early March 2020. As of today’s date, despite the assurances 17 it made in March, Trofholz has not produced any new documents, nor has it amended any of its 18 discovery responses. 19 9. On September 28, 2020, Intellekt and Trofholz agreed to a mutual document exchange 20 which was to take place on September 30, 2020. Trofholz later informed Intellekt that it was not 21 prepared to produce the document exchange on September 30; however, it is anticipated the document 22 exchange will take place in the coming days. A true and correct copy of the email correspondence 23 related to this agreement is attached as Exhibit “A” to this declaration. 24 /// 25 /// 26 /// 27 /// 28 /// 2 DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL 1115068.1 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is 2 true and correct, and that this Declaration was executed on October 2, 2020, in Woodland, 3 California. 4 5 6 __________________________________ Eric C. Miller 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL 1115068.1 PROOF OF SERVICE 1 Trofholz Technologies, Inc. v. Troy Glenn, et al. 2 Placer County Superior Court Case No. SCV 0041857 3 I am employed in the County of Sacramento; my business address is 555 Capitol Mall, Suite 1500, Sacramento, California 95814. I am over the age of eighteen years and not a party to 4 the foregoing action. 5 On October 2, 2020, I served the following document 6 DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS 7 by electronic service to the following parties in said action [X] pursuant to the California 8 Rules of Court, Emergency Rule 12 (related to COVID-19). 9 I caused the document(s) to be transmitted to the person(s) at the e-mail address(es) set forth below. 10 11 John B. Thomas Attorneys for Plaintiff Bradley A. Benbrook Trofholz Technologies, Inc. 12 Stephen M. Duvernay John J. Deis (pro hac vice pending) 13 Hicks Thomas LLP 400 Capitol Mall, Suite 2530 14 Sacramento, CA 95814 Tel.: (916) 447-4900 15 Fax (916) 447-4904 Email: jthomas@hicks-thomas.com 16 Email: bbenbrook@hicks-thomas.com Email: sduvernay@hicks-thomas.com 17 Email: jdeis@hicks-thomas.com 18 I declare under penalty of perjury under the laws of the state of California that the foregoing 19 is true and correct and that this document was executed on October 2, 2020. 20 21 22 23 Pamela Anne Lee 24 25 26 27 28 4 DECLARATION OF ERIC MILLER IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL 1115068.1 Exhibit A From: John Deis Sent: Monday, September 28, 2020 9:58 AM To: Eric Miller Cc: Robert D. Swanson ; John Thomas Subject: RE: [External] Documents and deposition dates Eric, The proposed document exchange will be on the categories referenced in the attached. Regards, John From: John Deis Sent: Monday, September 28, 2020 10:18 AM To: Eric Miller Cc: Robert D. Swanson; John Thomas Subject: RE: [External] Documents and deposition dates Eric, Here is my understanding of the agreement we struck on our call Friday. Please let me know if you have any comments. If not, please respond with your agreement to the terms below and we can get started on the continuance stipulation and rescheduling depostions. 1. Documents ‐ Parties will simultaneously exchange documents pursuant to the attached email exchange. ‐We will aim for a Wednesday production, but will confer with clients to confirm that is technically achievable. To confirm by COBMonday. ‐Will exchange documents in electronic format sufficient to load in database. Will exchange separate email on preferred metadata etc. ‐Intellekt is producing bid supporting material AEO, Trofholz is not waiving any objections to the designation and reserves its right to object to the designation and seek any other relief. The AEO designation will be part of the hearing on Trofholz’s motion for relief currently set for October 16th. ‐After the exchange Trofholz will evaluate whether it needs to proceed with the Motion to Compel Hearing on October 16th 2. Depositions ‐The parties will work to schedule one witness each side for October 8th‐9th (subject to confirming witness availability and the production of documents above). The intent is to have completed two witnesses depositions completed and a schedule for the reminder prior to the hearing on October 16th 1 3. Trial Stipulation – Parties will prepare a joint stipulation extending the trial date to Spring 2021, preferably an April trial date. We will also stipulate the continuation of discovery through 30 days prior to trial. From: Eric Miller [mailto:EMiller@boutinjones.com] Sent: Friday, September 25, 2020 11:14 AM To: John Deis Cc: Robert D. Swanson; John Thomas Subject: RE: [External] Documents and deposition dates CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sounds good, thanks John. What’s a good time? From: John Deis Sent: Friday, September 25, 2020 9:13 AM To: Eric Miller Cc: Robert D. Swanson ; John Thomas Subject: RE: [External] Documents and deposition dates Eric, Lets talk. I think we can make this work, with a couple caveats. From: Eric Miller [mailto:EMiller@boutinjones.com] Sent: Thursday, September 24, 2020 8:05 PM To: John Deis Cc: Robert D. Swanson; John Thomas Subject: RE: [External] Documents and deposition dates CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. John – we need the same commitment from Trofholz. As I mentioned in our call, the categories need to be broad because I do not know what Trofholz is specifically withholding. We requested and need emails and documents related to the subject Tinker bid. This includes discussions about pricing, income projections, staffing, technical aspects of the bid, communications with the government regarding the bid, documents submitted to the Bidder’s Library, internal communications related to Trofholz’s analysis of the solicitation, etc. We also requested and need emails related to performance under the prior contract. (Please see RFP No. 1‐3 in my June letter). I understand there may be confidentiality concerns and that records may need to be produced subject to our protective order. Our proposed production includes the same as described above. I estimate between 12,000‐20,000 pages including documents related to the PSA, communications related to the Taurean bid including emails with Taurean covering issues such as pricing, staffing, preparation of the bid, communications with the government, etc. Please describe what Trofholz is willing to produce in the first exchange. We still need additional documents beyond what is described above (such as those related to the damages claim), but we consider this a good start. We have attempted since February to get the ball rolling on these issues. Thanks. 2 Eric From: John Deis Sent: Thursday, September 24, 2020 5:32 PM To: Eric Miller Cc: Robert D. Swanson ; John Thomas Subject: RE: [External] Documents and deposition dates Eric, We discussed you providing a bullet point list of what Defendants would be willing to produce before we would agree to the exchange. Is that no longer on the table? If so, that's going to be a deal breaker. We need some certainty in what it is we are getting in the exchange. John Sent from my Verizon, Samsung Galaxy smartphone ‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐ From: Eric Miller Date: 9/24/20 6:31 PM (GMT‐06:00) To: John Deis Cc: "Robert D. Swanson" Subject: Documents and deposition dates CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. John, Are you available tomorrow morning to discuss deposition dates? I spoke with Lee and Bill this afternoon. As far as the document exchange, I propose that both sides agree to exchange documents and communications related to the subject Tinker bid on Tuesday, September 29. Our production will also include emails and documents prior to the bid process, e.g. related to the PSA for the prior Tinker contract. We can tackle other discovery issues in a subsequent exchange. Please let me know your thoughts. Thanks, 3 Eric Eric Miller ● Attorney ● BOUTIN JONES INC. ● 555 Capitol Mall, Suite 1500 ● Sacramento, CA 95814 Tel / 916.321.4444 ● Fax / 916.441.7597 ● emiller@boutinjones.com ● www.boutinjones.com CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS CONFIDENTIAL AND MAY BE PROTECTED FROM UNAUTHORIZED USE OR DISSEMINATION BY THE ATTORNEY‐ CLIENT AND/OR ATTORNEY WORK‐PRODUCT PRIVILEGES. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information is strictly prohibited and may be subject to legal restriction or sanction. Please notify the sender immediately by electronic mail or telephone at 916.321.4444, of any unintended recipients and delete the original message without making any copies. NOT INTENDED AS A SUBSTITUTE FOR A WRITING: Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance or effect, absent an express statement to the contrary, this e‐mail message, its contents, and any attachments are not intended to represent an offer to enter into a contract or an acceptance of any offer, and are not otherwise intended to bind the sender, the firm of Boutin Jones Inc., any of its clients, or any other person or entity. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. 4 From: John Deis Sent: Wednesday, September 30, 2020 1:04 PM To: Eric Miller Cc: Robert D. Swanson ; John Thomas Subject: RE: [External] Documents and deposition dates Eric, We have received a substantial volume of electronic material from the client, primarily in .pst form. Our IT person is processing it and we hope to be in a position to begin review tomorrow. I anticipate a fairly quick review process, but I don’t know how long that will take at this point. Let’s talk again tomorrow afternoon and I should have a better idea of when we can do the exchange. John From: Eric Miller [mailto:EMiller@boutinjones.com] Sent: Wednesday, September 30, 2020 1:04 PM To: John Deis Cc: Robert D. Swanson; John Thomas Subject: RE: [External] Documents and deposition dates CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. John – can you confirm that Trofholz will be producing documents today? Also, give the volume of documents, I suggest we agree to a “clawback” agreement in the event emails or documents unrelated to the dispute (e.g. emails related to unrelated contracts) are inadvertently produced. Please let me know your thoughts. Eric From: John Deis Sent: Monday, September 28, 2020 8:18 AM To: Eric Miller Cc: Robert D. Swanson ; John Thomas Subject: RE: [External] Documents and deposition dates Eric, 1