Free Declaration - District Court of Delaware - Delaware

Case1:O5-mc—0OO85-GIVIS Document 4-8 Filed 05/O2/2005 Page10f2
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Case 1 :05-mc—OOO85-GIVIS Document 4-8 Filed 05/O2/2005 Page 2 of 2
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Tom Clifford
Direct Phone: (415) 393-2702
Direct Fax: (415) 393-2286
[email protected]
April 29, 2005
Via Email, Facsimile and U.S. Mail
Bingham McCulchen LLP Christine ROyC€_LCWiS
Three Embarcadero Center Visa Europe Services, Inc.
Son Francisco, CA 1 Sheldon Square
94* l *4967 London W25TT
United Kingdom
Al 5.393.2000
4l5-393-2286 f¤¤ Re: Visa v. First Data: VESI Subpoena
L banghammm Dear Christine:
Bgglgrg This letter follows up on your email of April 28, 2005, which states that you will respond
cH,,,,rO,d to First Data on Friday, April 29, 2005. It is now Friday, April 29, 2005, well into the
London afternoon in the United Kingdom, and we have not yet heard from VESI. We attempted
LO, Angcic, to contact you via telephone earlier today, to no avail.
New York c
Occncc Cccmy As you already know, we urgently need to schedule and take this deposition as our expert
scc Frccciccc reports are due today and rebuttal reports are due in three weeks. We have made a
Smccn Vcucy sincere and substantial effort to meet and confer with VESI on this issue and encountered
much resistance and dela .
Tokyo y
Walnut Creek _ _ _ _ _
Wcchmgrcn We now have no choice but to move to compel VESl’s deposition testimony in the
Delaware Federal District Court and to request an order that VESI be required to appear
and show cause as to why it should not be held in contempt of court. We will move on
this issue if we are unable to reach a resolution with VESI by close of business in Britain
today.
Sincerely yours,
Tom Clifford
SF/21515627.1 5 Z