Case 2:10-cv-09198-JVS -RNB Document 318-2 Filed 08/29/12 Page 1of3 Page ID #:14515 EXHIBIT A Case 2:10-cv-09198-JVS -RNB Document 318-2 Filed 08/29/12 Page2of3 Page ID #:14516 Jeanette T. Barzelay From: Brian Brosnahan Sent: Thursday, August 23, 2012 5:59 PM To: ‘Shapiro, Jonathan’ Ce: ‘Perla, Timothy’; 'Lux, James’; 'Robinson, Andrea’; Charles Freiberg; Jacob N. Foster; Jeanette T. Barzelay; 'Fleming, Joel’; ‘Moskowitz, Seth A.'; 'Baltodano, Latricia’ Subject: RE: NL/Walker Re: Evidentiary Objections Jonathan, thanks for providing LSW’s interpretation of the rules and Court order. 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 From: Shapiro, Jonathan [mailto:Jonathan.Shapiro@wilmerhale.com] Sent: Tuesday, August 21, 2012 5:08 PM To: Brian Brosnahan Cc: Perla, Timothy; Lux, James; Robinson, Andrea; Charles Freiberg; Jacob N. Foster; Jeanette T. Barzelay; 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 Case 2:10-cv-09198-JVS -RNB Document 318-2 Filed 08/29/12 Page3of3 Page ID #:14517 950 Page Mill Road Palo Alto, CA 94304 USA +1 650 858 6101 (t) +1 650 858 6100 (f) jonathan.shapiro @wilmerhale.com Please consider the environment before printing this email. From: Brian Brosnahan [mailto:BBrosnahan@kasowitz.com] Sent: Tuesday, August 21, 2012 06:40 PM To: Shapiro, Jonathan Cc: Perla, Timothy; Lux, James; Robinson, Andrea; Charles Freiberg ; Jacob N. Foster ; Jeanette T. Barzelay Subject: Evidentiary Objections Jonathan, 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 This e-mail and any files transmitted with it are confidential and may be subject to the attorney-client privilege. Use or disclosure of this e-mail or any such files by anyone other than a designated addressee is unauthorized. If you are not an intended recipient, please notify the sender by e-mail and delete this e-mail without making a copy.