Case 2:10-cv-09198-JVS -RNB Document 312-1 Filed 08/28/12 Page2of3 Page ID

#:14213 Fleming, Joel From: Shapiro, Jonathan Sent: Tuesday, August 21, 2012 5:08 PM To: ‘bbrosnahan@kasowitz.com' Ce: Perla, Timothy; Lux, James; Robinson, Andrea; 'cfreiberg@kasowitz.com’;

‘jfoster@kasowitz.com’; 'JBarzelay@kasowitz.com'; Fleming, Joel; Moskowitz, Seth A.; Shapiro, Jonathan; Baltodano, Latricia Subject: NL/Walker Re: Evidentiary Objections

Brian,

We didn't forget anything in the cert briefing/scheduling Order. None of us can actually remember a class cert briefing exercise that included separate deadlines (and extra page limits) for evidentiary objections, as opposed to mixed fact and law objections You certainly never raised this; if you thought there was a need for more pages and new deadlines, I'm sure you would have said so, given how firmly you negotiated against us for extra page limits - to the point where we reluctantly agreed to file the joint motion for more generous page limits/deadlines that Judge S rejected/denied (and instead cut us back to the tight budget we've all been living with).

We complied with the Court's briefing limits/deadlines by addressing all of our objections - evidentiary, mixed law/fact objections, whatever -- with our Opposition, per the Order. We don't see any reason why the parties should, at this eleventh hour, move the Court in yet another attempt to liberalize the briefing Order.

Although we've played along with these requests in the past, we just can't agree to ask for more pages -- and more time to file yet another new round of briefs -- after the Court already explicitly rejected a more modest request for extra pages on the existing briefs that it did allow us to file.

Thanks, Jonathan

Jonathan A. Shapiro | WilmerHale 950 Page Mill Road

Palo Alto, CA 94304 USA

+1 650 858 61011 (t)

+1 650 858 6100 (f)

jonathan.shapiro@wilmerhale.com

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From: Brian Brosnahan [mailto: BBrosnahan@kasowitz.com]

Sent: Tuesday, August 21, 2012 06:40 PM

To: Shapiro, J onathan

Cc: Perla, Timothy; Lux, James; Robinson, Andrea; Charles Freiberg <CFreiberg@kasowitz.com>; Jacob N. Foster <|Foster@kasowitz.com>; J eanette T. Barzelay <| Barzelay@kasowitz.com>

Subject: Evidentiary Objections

Jonathan,

Case 2:10-cv-09198-JVS -RNB Document 312-1 Filed 08/28/12 Page3of3 Page ID #:14214

It appears to us that the rules do not specify a due date for evidentiary objections with respect to the motion for class certification. We propose that the parties’ evidentiary objections be filed on August 31, 2012. Please advise whether LSW agrees.

Brian

Brian P. Brosnahan

Kasowitz, Benson, Torres & Friedman LLP 101 California Street, Suite 2300

San Francisco, California 94111

Tel. (415) 655-4337

Fax (415) 358-4278 BBrosnahan@kasowitz.com

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