Case 2:10-cv-09198-JVS -RNB Document 318-4 Filed 08/29/12 Page 1of2 Page ID #:14520

EXHIBIT C

Case 2:10-cv-09198-JVS -RNB Document 318-4 Filed 08/29/12 Page2of2 Page ID

#:14521 Jeanette T. Barzelay From: Lux, James [James.Lux@wilmerhale.com] Sent: Tuesday, August 28, 2012 2:04 PM To: Brian Brosnahan; Fleming, Joel Ce: Shapiro, Jonathan; Perla, Timothy; Robinson, Andrea; Charles Freiberg; Jacob N. Foster; Jeanette T. Barzelay; Eugenia M. DiSabatino Subject: RE: Your Ex Parte Application

Brian,

| tried calling to discuss your proposal. We don’t see the rule you are referring to, and in any event, Plaintiffs helped themselves to an additional 170 pages of briefing without seeking our assent and without leave of court, so it doesn’t seem right to suggest that your filing is not subject to judicial review before the hearing.

Is there some rule we’re missing? If so, please advise, and if not we will plan on filing on an ex parte basis as Joel described.

Jim

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

Sent: Tuesday, August 28, 2012 3:41 PM

To: Fleming, Joel

Cc: Shapiro, Jonathan; Perla, Timothy; Lux, James; Robinson, Andrea; Charles Freiberg; Jacob N. Foster; Jeanette T. Barzelay; Eugenia M. DiSabatino

Subject: Your Ex Parte Application

Joel,

Having consulted the pertinent rules and Judge Selna’s General Order, we do not believe that the relief you describe can be obtained via an ex parte application. We would be happy to discuss a stipulation for an order shortening time so that you can file a motion to strike to be heard on September 10, 2012.

Please advise. 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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