Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00860-WDM-PAC

Document 250-3

Filed 08/08/2005

Page 1 of 3

EXHIBIT B

Case 1:04-cv-00860-WDM-PAC

Document 250-3

Filed 08/08/2005

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Subject: RE: Robertson depo--Rule 7.1 Date: Wednesday, February 9, 2005 15:40 From: Sherri Heckel Kuhlmann To: Nina Kazazian Cc: Chris Ottele Priority: normal We will withdraw the subpoena. -----Original Message----From: Nina Kazazian [mailto:[email protected]] Sent: Wed Feb 09 14:54:54 2005 To: Chris Ottele; Sherri Heckel Kuhlmann Subject: Robertson depo--Rule 7.1 Sherri-The subpoena you issued for Cliff Robertson's deposition by telephone does not comply with Rule 45(a)(2), because you issued it out of the District of Colorado, not the Eastern District of New York--which is the district where the deposition would be held. Please let me know by the close of business today if you will voluntarily withdraw the subpoena. Otherwise, I will file a motion to quash. -Nina H. Kazazian Of Counsel McClain, Drexler & Matthews LLC 1700 Lincoln Street, Suite 3850 Denver, CO 80203 Tel: (303) 860-8400 x 112 Fax: (303) 830-2626 ____________________________________ NOTICE OF CONFIDENTIALITY: This e-mail is a confidential communication and may be privileged. It is intended solely for the addressee. Any unauthorized disclosure, reproduction, or distribution is prohibited. If you received this e-mail in error, please delete it from your computer

Case 1:04-cv-00860-WDM-PAC

Document 250-3

Filed 08/08/2005

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