Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

' . Case 3:03—cv—00007-RNC Document 59-6 Filed 04/16/2004 Page 1 of§KE
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l Joseph F. Skeiiey, Jr.
*927*995 RE: DIRECTV, nrc. v. Mike cmu, et ar.
James G- G·=¤¤~·r¤·=<>*== Civil Action No. 3:03 CV 0007 C
i.”§.$§'LiFM“T€LiE;‘5.“3°'°°” r our File N0. 8800-02015 (RN )
Kirby G. Huget
Susan L. Miller
Q;} $_;fQ°' Dear Attorney Quat: —
Counsel-
Susan E` Mamet . Enclosed please find DIREC'l`V’s Disclosure of Expert Witnesses in
connection with the above referenced matter. We are disclosing these individuals
~ in compliance with Rule 26(a)(2) of the Federal Rules of Civil Procedure. You will
see that DIRECTV has disclosed Bill Gatliff and two colleagues from Netrino
LLC, Michael Barr and David Simon, as well as Lacey Walker Jr. and Michael V
Stoabs of Intemet Crimes Group ("ICG, Inc."). We are disclosing these experts
because the afhdavits of Mr. Gatliff and Mr. Walker, Jr. were used by DIRECTV
in opposition to Mr. Caron’s Motion for Summary Judgment.
There was no reason to disclose these experts until now because at his
deposition on December 4, 2003, Mr. Caron presented a plausible explanation for i
why he had purchased the piracy products at issue, gig, that he purchased the
piracy products to open a safe he had. purchased at a tag sale, which safe was I
designed to be opened with a “smart card." It was only alter we spoke with l
‘ DIRECTV regarding Mr. Caron’s deposition testimony (and Mr. Caron’s inability I
to substantiate his explanation) that skepticism was expressed by DIRECTV i
regarding Mr. Caron’s testimony. It was then decided that additional investigation i
regarding Mr. Caron’s assertions was needed and it was only after this investigation
occurred that DIRECTV determined that Mr. Caron’s explanation was not credible. i
DIRECTV, in other words, had to retain Netrino LLC and ICG, Inc. because the
. facts of the case changed dramatically upon DIRECTV’s discovery of the real ~
reason Mr. Caron had purchased the piracy products. ,
We will, of course, make Mr. Gatliff and/or Mr. Lacey Walker Jr. or their l
colleagues available to you for deposition purposes. Please call our office to make
arrangements for a mutually convenient time for you to depose these experts.
You will recall that on June 25, 2003, we disclosed several fact witnesses in I
response to your interrogatories. On June 28, 2003, we identified these same
witnesses as part of our initial disclosure pursuant to Rule 26(a)(l) of the Federal
Rules of Civil Procedure. These witnesses included James Whalen and Scott
Madvig. Carol F ong—Hilton, was disclosed for the iirst time in response to Mr.

-. Case 3:03-cv-OO0O7—FlNC Document 59-6 Filed O4/16/2004 Page 2 of 2 L [
Page Two
xi Kenneth D. Quat F
Caron’s Motion for Summary Judgment as keeper of DIRECTV’s business records.
Even though these individuals are not experts retained by DIRECTV, Inc., we are
neverthexless once again formally disclosing them to you because the specialized
nature of their testimony may extend to areas covered by Rule 702, 703, or 705 of
the Federal Rules of Evidence. `
Please call us if you would like to proceed with the depositions of Mr. ` I
Gatliff or Mr. Walker Jr. or their colleagues or any of the other witnesses we have
disclosed.
Sincerely, .
Matthew D. Gordon
MDG/tao
Enclosure »
cc: Joseph Russo Jr.
SR/219214 I. . V