gov.uscourts.nysd.447706.1256.30.pdf

EXHIBIT E From: Meredith Schultz <[email protected]> Sent: Wednesday, July 20, 2016 11:24 AM To: Laura Menninger Cc: Sigrid McCawley; Jeff Pagliuca; Brad Edwards; Paul Cassell ([email protected]) Subject: RE: Conferral regarding forensic search Follow Up Flag: Follow Up Flag Status: Flagged Laura, Please see my additions in-line, in black, below to your email sent yesterday. My in-line communication should also be responsive to the email that you just sent. If I have left anything out, please let me know. Thanks, Meredith Meredith L. Schultz BOIES, SCHILLER & FLEXNER LLP 401 East Las Olas Blvd., Suite 1200 Fort Lauderdale, FL 33301 Phone: 954-356-0011 ext. 4204 Fax: 954-356-0022 http://www.bsfllp.com From: Laura Menninger [mailto:[email protected]] Sent: Tuesday, July 19, 2016 1:33 PM To: Meredith Schultz Subject: RE: Giuffre - Conferral regarding search terms Meredith: I write to confirm our oral conferral. Please let me know if you disagree with the following or if there is some other agreement you think we reached: 1.Iw illendeavortohavem y clientgainaccesstoanearthlinkaccountthatyou believeishers.Yourbasisforthat beliefisadiskyou produced lastw eek,obtained pursuanttoaFO IA request,thatcontained atP age2035 an addressbookfrom approxim ately 2005 w hichhasthatearthlinkaccountnam enexttoM s.M axw ell’snam e. P leaseadviseoftheprocessesyou areundertakingtoaccesstheaccount,and theprocessyou undertookto ascertainthatthem indspringaccountnolongerexists. 2.T erram ar– You havew ithdraw nthatasastandalonesearchterm .Ihaverepresented toyou thatw ehave searched allT erram arem ailsforotherw iseresponsivedocum entsasw ellas . 3.W itnessnam es– You believethatsearchterm s124-341,w hicharew itnessnam esbrokenupintofirstand last nam esfrom yourR ule26 list,relatetoyourR FP num ber5 (“ Alldocum entsrelatingtom assages… ” ).I represented toyou thatIhavesearchedfortheterm s“ m assage, ” “ m asseur, ” “ therapy” etc.asyou requested, 1 Meredith Meredith L. Schultz BOIES, SCHILLER & FLEXNER LLP 401 East Las Olas Blvd., Suite 1200 Fort Lauderdale, FL 33301 Phone: 954-356-0011 ext. 4204 Fax: 954-356-0022 http://www.bsfllp.com From: Laura Menninger [mailto:[email protected]] Sent: Wednesday, July 20, 2016 1:01 PM To: Meredith Schultz Cc: Sigrid McCawley; Jeff Pagliuca; Brad Edwards; Paul Cassell ([email protected]) Subject: Conferral regarding forensic search Meredith – Apart from (i) the list of witness names you believe might be associated with the term “massage” (“massage” and related terms that you requested have been searched), (ii) the word “lingerie”, and (iii) we have completed the forensic copy, search, retrieval and review of all hits on our client’s devices and email accounts as directed by the Court based on agreed to search terms, including those agreed to in our conferral yesterday. After review of more than 9,000 documents and files containing your search terms, the only documents located not previously produced are 6 privileged documents which we will add to our log. We also located a number of privileged communications between our client and myself following the onset of litigation in this case which will not be logged consistent with both parties' agreed to practice. As predicted, no responsive non-privileged documents resulted from the exercise. I will keep you apprised of the results of the “lingerie” and status of ability to access the account. If you want me to consider running additional witness names because you believe those people may relate to RFP 5 regarding “massages”, please forward those names to me and your basis. -Laura The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent respons ble to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly proh bited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1] 5