Free Declaration - District Court of Delaware - Delaware

Case1:O5-mc—0OO85-GIVIS Document 4-6 Filed 05/O2/2005 Page10f2
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Case 1 :05-mc—OOO85-GIVIS Document 4-6 Filed 05/O2/2005 Page 2 of 2
BINGHAM McCUTCH EN
Tom Clifford
Direct Phone: (415) 393-2702
Direct Fax: (415) 393-2286
[email protected]
April 25, 2005
Via Email, Facsimile and U.S. Mail
Binghum MCCUlCl`l€l‘1 LLP R0ycc,L€wis
Three Emburcudero Cenler Visa Europe Services, Inc_
Scn Francisco, CA 1 Shgldon Square
94* 1 l-4<>·’>7 London W25'I'l`
United Kingdom
Al5.393.2000
415,393.22Bo eax Re: Wsu v. First Data: VESI Subpoena
blngl.¤m_cOm Dear Christine:
80,,,,,, This letter responds to your email today and follows up on my April 21, 2005 letter and
H¤,,;O,d subsequent telephone messages on April 22, 2005 and April 25, 2005.
London ‘
LOS Angeles We request an immediate meet-and-confer in Delaware or, given the logistical concerns
New York previously raised by VESI, a telephonic meeting to discuss this issue and move towards
Onnngn Cnnnny agreement. As you know, our subpoena noticed the VESI deposition for April 8, 2005.
san nnnncnw Nearly three weeks later we have yet to resolve things. We camiot afford to wait for
Snnon Vnnny VESI to "reply in due course" as you noted in your email today.
Tokyo This issue should not re uire the time or resources ofthe federal courts. First Data is
Wolnul Creek - . . q . .
W n_ T willing to take reasonable steps to meet VES1’s concems - particularly as to location.
Us mg On However, if we continue to encounter delay, we will take all measures necessary to
compel this deposition in federal court.
Please respond with a time for a meet-and-confer. I will make every effort to
accommodate any reasonable time that works for you.
Sincerely ypurs,
Tom Clifford ~
SF/21a147c4.1