Free Exhibit List - District Court of California - California

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

Page 1 of 19

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C07-02748 MHP Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST

( ) DEFENDANT'S

EXHIBIT NUMBER

EXHIBITS THAT PLAINTIFF EXPECTS TO OFFER:
DATE MARKED / DATE ADMITTED

DESCRIPTION
Plaintiff's Identification of Trade Secrets; dated 6/1/07 Declaration of Mark Lillge ("Lillge") In Support of Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue; executed May 29, 2007 "Agreement between Mark Lillge and Andrew Verity regarding Creative Marketing Concepts," unsigned, handwritten notes indicate "April 2002"

1

2

3 4 5 6 7 8 9 10 13

4/26/07, E-mail from Bruce Molloy ("Molloy") to "Rose" at Creative Marketing Concepts ("CMC"); subject: "Andy Verity Final Check" 4/27/07 Letter to Andrew Verity ("Verity") from Molloy 3/23/07 E-mail chain between Christina Chang ("Chang") and Lillge; subject: "I was laughing..." "Confidential Employment, Repurchase and Release Agreement," ("Confidentiality Agreement") to be entered into by Chang and Verity and CMC 4/26/07 E-mail from Lillge to Verity; subject: "Final Offer" 5/11/07 E-mail from Molloy to Chang, confirming Chang's termination of employment from CMC Excerpts from CMC Employee Handbook (pages 3-8); dated 2006; excerpts (pages 2-4) of Employee Handbook; dated 2/5/07 Verity and Chang's Answer to Complaint and Counterclaim; filed 7/6/07

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Document 158

Filed 04/14/2008

Page 2 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 2 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
CMC Employee Handbook; revised 8/3/06 Agreement Regarding Confidential Information, Intellectual Property Non-Solicitation (8 pages), unsigned; dated 2006 Declaration of Andrew Verity In Opposition to Motion for Temporary Restraining Order; filed 7/6/07 8/4/06 E-mail chain between Richard Chambers ("Chambers") and Verity; subject: "Code Red" 6 page typed document with handwritten notes (identified by Verity as a copy of a letter given to Verity by Lillge), handwritten notes date document September ­ October 2006; produced at Verity deposition 4/12/07 E-mail from Verity to undisclosed recipients; subject: "New Contact Details" 5/11/07 E-mail chain between Chang and Tess Pascual ("Pascual") subject: "Today is my last day. Thank you for your support. Christina" 5/11/07 E-mail from Celine Rose ("Rose") at Delta Dental to Chang; subject: "Hi" Declaration of Chang in Opposition to Motion for Temporary Restraining Order; executed 5/31/07, and its Exhibit A

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Declaration of Chang in Opposition to Motion for Temporary Restraining Order; executed 6/27/07, and its Exhibit A 1/31/07 E-mail from Chang to Lillge; subject: "Important Client Info! Attention required." 4/4/07 E-mail from Chang to Lillge; subject: "customer visit" 7/31/06 E-mail from Paola Lari ("Lari") to Lille; subject: "office disagreement"

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

Page 3 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 3 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
4/26/05 E-mail from Verity to Lillge; subject: "meeting" 8/18/06 Letter from Lari to Lillge; regarding "Office Conflict" Agreement between Verity and Lillge, unsigned, fax stamp 3/25/07, handwritten notes: "Original Agreement April 2002" Declaration of Richard Beery ("Beery") in Support of Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue; executed 5/28/07

27 28 30

31

32

"Corolla's File" (approx. 50 pages); includes handwritten notes, a sample "Performance Agreement" to be used for action plans around behavioral and performance issues, email from Lillge to Verity regarding his behavior issues, Employee Handbook (revised 7/3/06), coaching worksheets 5/11/07- 5/14/07 E-mail chain between Chang and Pascual; subject: "CHANG is back!" 5/22/07 E-mail from Chang to Pascual; subject: "My new contact ­ Branding Boulevard" 6/7/07 E-mail from Chang to Pascual, Andy Gustin ("Gustin"), and Pame Dabela ("Dabela") 5/11/07 E-mail chain between Chang and Henry Pacheco ("Pacheco"); subject: "My new contact ­ Branding Boulevard" 5/21/07 E-mail chain between Chang and Pacheco; subject: "My new contact ­ Branding Boulevard" 6/7/07 E-mail from Chang to Pacheco; subject: "Horizons new badge options" 6/7/07- 9/12/07 E-mail chain between Chang and Pacheco; subject: "Horizons new badge options"

33 34 35 38 39 40 41

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Document 158

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 4 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
9/28/07 E-mail from Chang to Pacheco; subject: "invoice 100208 ­ Horizons Foundation new name badges" 5/10/07 E-mail chain between Chang and Curshanda Woods of Kaiser ("Woods"); subject: "Kaiser award markup" 5/10/07 E-mail chain between Chang and Woods; subject: "Kaiser award markup" 5/14/07 E-mail from Chang to Woods; subject: "My new contact ­ Branding Boulevard" 5/24/07 E-mail from Chang to Karis Coleman of Kaiser ("Coleman"); subject: "My new contact ­ Branding Boulevard" 7/16/07 E-mail to Chang from Woods; subject: "items for marathon" 7/25/07 E-mail chain between Chang and Woods; subject: "foot fizzes & eye masks info" 8/8/07- 8/13/07, E-mail chain between Chang and Woods; subject: "KQED awards" Deposition subpoena of Custodian of Records, Kaiser Permanente; dated 11/26/07 6/27/07 E-mail from Chang to Coleman; subject: "Community Giving Campaign giveaway ideas" 9/10/06 Letter to Heidi Hua of Federal Occupational Health ("Hua"), with handwritten cover letter from Verity 4/13/07 E-mail from Verity to Hua; subject: "Community Giving Campaign giveaway ideas" 5/11/07 E-mail chain between Chang and Hua; subject: "FOH FEMA ­ Ink Pen ­ Artwork" 5/15/07 E-mail chain between Chang and Hua; subject: "CHPS blue ink pens"

42 45 46 47 48 49 50 51 52 53 54 55 56 58

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 5 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
5/18/07 E-mail from Chang to Hua; subject: "Other FOH giveaway ideas" 5/29/07 E-mail chain between Chang and Hua; subject: "FOH ink pens" 6/20/07 E-mail from Chang to Hua; subject: "We think this is the one" Deposition subpoena for Custodian of Records, Federal Occupational Health; dated 11/28/07 5/14/07- 6/29/0, E-mail chain between Jocy Dizon ("Dizon") and Hua; subject: "FOH pens" Printout of Chevron Federal Credit Union website, listing special events; printed 2/21/08; produced at Gina Lee ("Lee") deposition Image of Google Search Page with "chevron federal credit union business development" in search window; printed 2/22/08; produced at Lee deposition

59 60 61 62 63 64 65 66

5/21/07-5/22/07 E-mail chain between Chang and Lee; subject: "Thank you for the feedback ­ Branding Boulevard"

67

Declaration of Gina Lee (Filed Under Seal); executed 1/31/08, attaching 5/21/07-5/22/07, e-mail chain between Chang and Lee (#68), and 5/16/07 e-mail from Chang to Lee; produced at Lee deposition "Creative Marketing Concepts ­ Employee Proprietary Information and Inventions Agreement" ("Proprietary Agreement") (6 pages) One-page of handwritten notes of Jeffry Meyer ("Meyer") reflecting conversations with Verity and Richard Harrington ("Harrington"); dated 11/30/07; produced at Meyer deposition Expert Report of Meyer, signed, with no exhibits (5 pages); produced at Meyer deposition Expert Report of Meyer, unsigned, attaching exhibits (28 pages); produced at Meyer deposition

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71 72

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 6 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

73 74 75 76 77 78 79

Meyer working file, including e-mail correspondence with Harrington and Verity; produced at Meyer deposition

DESCRIPTION

Draft Expert Report of Meyer, and e-mail correspondence between Meyer, Harrington and Verity; produced at Meyer deposition Draft Expert Report of Meyer (With a X through the language and the word "OLD" across the text); produced at Meyer deposition 1/30/08 Letter from Harrington to Meyer, regarding "Lillge v. Verity and Chang," produced at Meyer deposition Copies of California's UTSA; produced at Meyer deposition Jury Instruction 350 (Introduction to Contracts); produced at Meyer deposition Jury Instruction 355 (Contract Damages); produced at Meyer deposition Jury Instruction 3501 (Fair Market Value); Letter to Verity from Meyer commenting on Verity's Business Plan for PromoCo (through 2011) and e-mail exchanges between Verity and Meyer; produced at Meyer deposition Jury instructions regarding meaning of present cash value; produced at Meyer deposition "Appendix B (Compound Discount Table)," produced at Meyer deposition 2007- 2008 E-mails between Verity and Meyer; produced at Meyer deposition 2/14/08 Letter from Meyer to Lillge with handwritten notes; produced at Meyer deposition 2/12/08 Letter from Jon Berryhill ("Berryhill") to Ian Boyd, and attachment of computer forensic analysis report; produced at Berryhill deposition

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Document 158

Filed 04/14/2008

Page 7 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 7 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
CD listing all files on Verity's computer as of 6/16/07; produced at Berryhill deposition Expert Report of Berryhill; produced at Berryhill deposition Declaration of Mark Lillge In Support of Plaintiff's Motion for Partial Summary Judgment and Exhibits; filed 1/28/08 Declaration of Christina Chang in Opposition to Plaintiff's Motion for Partial Summary Judgment, and in Support of Defendants' Motion for Partial Summary Judgment; filed 2/11/08

87 88 101

102

103

Declaration of Andrew Verity in Opposition to Plaintiff's Motion for Partial Summary Judgment, and in Support of Defendants' Motion for Partial Summary Judgment; filed 2/11/08 Declaration of Bruce Molloy in Support of Plaintiff's Reply in Support of Motion for Partial Summary Judgment, and Exhibits; filed 2/18/08

104 105 106

Declaration of Christina Chang in Support of Motion to Dissolve Temporary Retraining Order; filed 3/3/08 Declaration of Andrew Verity in Support of Motion to Dissolve Temporary Retraining Order, and Exhibits; filed 3/3/08 Declaration of Leanne Stein in Support of Plaintiff's Opposition to Defendants' Motion to Dissolve Preliminary Injunction, Or, in the Alternative Motion to Dissolve Temporary Restraining Order; filed 3/17/08

107

108 109 110

Supplemental Declaration of Mark Lillge in Support of Reply Brief in Support of Plaintiff's Motion for Temporary Restraining Order, and Exhibits; filed 7/30/07 Supplemental Declaration of Richard Beery in Support of Plaintiff's Motion for Preliminary Injunction; filed 7/30/07

Declaration of Jon Berryhill in Support of Reply Brief in Support of Plaintiff's Motion regarding Motion for Preliminary Injunction; filed 7/30/07

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

Page 8 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 8 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

111 112 113 114 115 116 117 118 119 120 121 122 123

Supplemental Declaration of Andrew Verity in Support of Opposition to Plaintiff's Motion for Temporary Restraining Order; filed 8/10/07

DESCRIPTION

Declaration of Mark Lillge in Support of Plaintiff's Supplemental Brief in Support of Preliminary Injunction; filed 9/21/07 Declaration of Gina Lee (Redacted) In Support of Plaintiff's Motion for an OSC re Contempt; filed 2/4/08 Declaration of Mark Lillge in Support of Application for Order to Show Cause Why Defendants Should Not Be Adjudged in Contempt and Sanctioned; filed 2/4/08

Declaration of Andrew Verity in Opposition to Application for Order to Show Cause Re: Contempt, and Exhibits; filed 2/15/08 Declaration of Timothy Schmolder in Opposition to Application for Order to Show Cause Re: Contempt, and Exhibits; filed 2/15/08 Declaration of Christina Chang in Opposition to Application for Order to Show Cause Re: Contempt, and Exhibits; filed 2/15/08

Declaration of Doug Difranco in Opposition to Application for Order to Show Cause Re: Contempt; filed 2/15/08 11/08/07 E-mail chain between Chang and Michelle Chan of Wells Fargo ("Chan"); subject: "Greetings from Christina Chang / Branding Boulevard" 5/2/07 Letter from Molloy to Verity regarding missing Confidentiality Agreements CMC Employee Handbook, "Revised 2/26/06" (15 pgs) CMC "Time-Off Benefits Guide" (3 pages) CMC Purchase Order

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 9 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
Invoices from Branding Boulevard to former CMC customers 5/24/07- 5/25/07 E-mail chain between Verity and Mary Hancock ("Hancock") of AIG; subject: "New Contact Details"

124 205 215 216 221 231 260 261 264 271 272 297 298

8/16/07- 8/23/07 E-mail chain between Chang and Sharyn Nantuna ("Nantuna") and Denise Clark ("Clark") of Delta Dental; subject: "Name Badges" 8/9/07- 8/15/07 E-mail chain between Chang and Nantuna; subject: "New name tag ­ for John K." 5/16/07- 5/24/07, E-mail chain between Chang and Rose; subject: "Branding Boulevard ­ Christina Chang" 6/5/07- 6/6/07 E-mail chain between Verity and Nyla Starr ("Starr"); subject: "New Contact Details" 7/9/07 E-mail from Verity to Sharon Culpepper of U.C. ("Culpepper"); subject: "Andy Contact Info" 6/5/07 E-mail from Verity to Culpepper; subject: "New Contact Details" 4/12/07 E-mail from Verity to Culpepper; subject: "New Contact Details" 9/26/07 E-mail from Chang to Tas Suvunnachuen of SKBA Capital Management ("Suvunnachuen"); subject: "revised markup ­ SKBA items" 9/26/07 E-mail chain between Chang and Suvunnachuen; subject: "revised markup ­ SKBA items" 8/14/07 E-mail from Verity to Craig, Fernando and Les at Better World Advertising; subject: "Andy Verity/ Branding Boulevard" 10/29/07 E-mail chain between Maureen at Better World Advertising and Verity; subject: "Penis Stress Grips"

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 10 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

303 304 308 310 311 314 320 321 349 359 401 402 403 404

5/11/07- 6/17/07 E-mail chain between Res Helfer of Brandon College ("Helfer") and Chang; subject: "Brandon College T-shirts for Italian team in July" 6/17/07 E-mail chain between Chang and Helfer; subject: "Brandon College Logo ­ see attached") 5/11/07- 5/14/07 E-mail chain between Chang and Michael Ernst of Yelp! ("Ernst"); subject: "today is my first day at new venture!" 5/15/07 E-mail chain between Chang and Ernst; subject: "CMC Stuff status" 6/19/07 E-mail to Ernst from Chang; subject: "Invoice BB7- 0006 Yelp! Lip balms and nail files" 8/8/07 E-mail chain between Dizon and Ernst; subject: "Lip Balms" 5/12/07 E-mail chain between Verity and Leandra Schuler of Zachary's ("Schuler"); subject: "New Contact Details" 6/5/07 E-mail from Verity to Schuler; subject: "New Contact Details" 5/21/07, E-mail chain between Chang and Dabela; subject: "Branding Boulevard ­ Christina Chang" 5/22/07 E-mail from Chang to Gustin; subject: "my new contact info ­ Branding Boulevard" 10/5/05 E-mail from Verity to John Marlow ("Marlow"); subject: "Advice / HR policies" 3/7/06 E-mail from Verity to Lillge; subject: "Nonsolicit" 3/7/06 E-mail chain between Verity and Lillge; subject: "Non-solicit" 9/15/06 E-mail from Verity to Melissa Van Hein at Handstandpromo; subject: "Misprinted mats"

DESCRIPTION

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 11 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
10/14/05 E-mail from Verity to Marlow; subject: "New Hire Letter" 5/9/07 E-mail chain between Chang, Molloy, Lillge, and Verity; subject: "Employee Proprietary Information and Inventions Agreement" 2/22/06- 10/30/06 E-mail chain between Chang, Lillge and Carolla; subject: "Working w/Christina" 12/13/06 E-mail chain between Carolla and Verity; subject: "follow up to our meeting" 12/12/06 E-mail chain between Lari, Mischa Farey, Lillge and Verity; subject: "follow up to our meeting" 6/14/05 E-mail from Verity to CMC office personnel; subject: "Shredding" 10/18/06 Letter from Verity to Charles Aronowitz ("Aronowitz"); regarding "Criminal Record/US Immigration"

405 406 407 408 409 410 411 412

10/30/06 E-mail from Verity's personal e-mail address to CMC e-mail address; subject: "Customers 102406," and attached Excel spreadsheet of CMC customer information Confidential Employment Repurchase and Release Agreement (Effective Date: 4/27/07), outlining agreement for Verity's departure from CMC and attaching promissory note (unsigned)

414

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9/24/07 E-mail chain between Rose and Chang; subject: "Delta Dental Floss Cards" 7/24/07 E-mail chain between Peggy Davis of Kaiser and Chang; subject: "Jacket emb." CMC YTD Sales Performance 2007 (one page spreadsheet) CMC Profit and Loss Statement [Cash] January 2005 through December 2005; dated 4/3/07 (31 pages)

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 12 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
4/23/07 E-mail chain between Hancock, Chang, and Verity; subject: "Mary Hancock" 5/24/07 E-mail chain between Hancock and Verity; subject: "New Contact Details" 5/24/07 E-mail chain between Hancock and Verity; subject: "Pen Paperwork" 4/12/07- 5/30/07 E-mail chain between Ralph Sciutti of Better World Advertising, Chang and Verity; subject: "Pen Paperwork" Employee Handbook; revised 9/25/05 9/22/06- 10/31/06 E-mail chain between Carolla, Lillge, and Verity; subject: "touching base" 5/13/05 E-mail from Verity to CMC office personnel; subject: "Shredding" 10/31/06 E-mail from Carolla to Lillge; subject: "call to action" 10/17/06- 10/31/06, E-mail chain between Verity and Lillge; subject: "Response to your letter 9/18" 9/18/06- 10/31/06 E-mail Chain between Lillgy, Carolla, and Verity regarding Verity's behavior Verity's notes dated 12/19/06 regarding CMC 2007 business plan Name Finder's search results for potential clients paid for by CMC; dated 9/14/2007 (7 pages) Chang's earning statements and pay stubs 2005- 2007 5/2/07 Letter from Molloy to Verity

420 421 422 424 425 427 428 430 431 432 433 434 435 436

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 13 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

437 438 439 440 450 456 458 460 461 463 464 465 466 467

4/13/07 E-mail chain between Lance Nagel, Lillgy, and Bethany Kaye regarding Verity and Chang's immigration status CMC Standard Operating Procedure; dated 3/23/07 CMC Top 100 Clients By Rep; dated 1/29/08 5/16/07 Letter from Molloy to Chang 1/23/07 Letter from Lillgy to Verity regarding negotiations for terms of Verity termination and 1/16/07 meeting CMC Profits and Losses Projection 2006 4/27/07 Letter from Molloy to Verity regarding final pay check Verity pay stubs from CMC 4/18/07 Verity CMC earnings statements and pay stubs 20062007 4/9/07 E-mail chain between Verity, Molloy, and Lillge; subject: "2006 Bonus" 3/13/07- 3/27/7 E-mail chain between Verity, Molloy, and Lillge; subject: "Shouting at me" 4/3/07 E-mail chain between Verity, Molloy and Lillge; subject: "2006 Bonus" 4/25/07 E-mail chain between Verity, Molloy, and Lillge; subject: "Our discussion" 4/24/07 E-mail from Verity to Lillge; subject: "Our discussion"

DESCRIPTION

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 14 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
4/26/07 E-mail chain between Verity, Molloy, and Lillge; subject: "Final Offer" 4/9/07 E-mail chain between Verity, Molloy, Marlow, Carolla, and Lillge; subject: "Latest on the AV situation" Unexecuted "Agreement between Mark Lillge and Andrew Verity regarding Creative Marketing Concepts," handwritten notes indicate "Original Agreement, April 2002" Unexecuted "Memorandum of Understanding Separation Terms of Andy Verity," with some handwritten notes Unexecuted "Agreement" between Mark Lillge and Andrew Verity regarding Creative Marketing Concepts, with handwritten notes Unexecuted "Memorandum of Understanding Separation Terms of Andy Verity," with no handwriting Unexecuted "Agreement" between Verity, Chang, and CMC; dated 3/1/07 Unexecuted "Memorandum of Understanding Separation Terms of Andy Verity," to terminate 4/30/7, with no handwriting (labeled "draft") 4/9/07 E-mail chain between Verity, Malloy, and Lillge; subject: "2006 profit share" 4/9/07 E-mail chain between Lillge and Verity, regarding Verity's 2006 bonus, attaching CMC profits and loss projections 2006 Unexecuted "Memorandum of Understanding Separation Terms of Andy Verity," to terminate 4/12/07, (labeled "draft") 5/17/07- 5/21/07 E-mail chain between Chang and Malloy; subject: "PTO pay" 5/14/07 Letter to Chang from Molloy regarding final paycheck, PTO, and enclosing check for additional 35 hours

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470

471 472 473 474 475 476 477 478 479 480

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 15 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
4/25/07- 4/26/07 e-mail chain between Carolla and Molloy; subject: "Last Meeting with Andy Verity" 7/6/5- 7/7/5 E-mail chain between Marlow and Verity; subject: "Follow up ­ incorporation, shareholder's agreement and other matters"

482 483 484 485 486 487 488 489 490 491 492 493 501

1/23/07 Letter from Lillgy to Verity, regarding negotiations for terms of Verity termination and 1/16/07 meeting, with some handwritten notes 2/7/07 Verity earnings statement from CMC with handwritten notes Unexecuted "Memorandum of Understanding Separation Terms of Andy Verity," to terminate 4/12/07, with some handwriting, including date 4/6/07 (labeled "draft") Unexecuted "Memorandum of Understanding Separation Terms of Andy Verity," with some handwriting 4/26/07 E-mail to Verity from Lillge; subject: "Final Offer" 5/8/07- 5/9/07 E-mail chain between Chang and Dizon; subject: "Vacation schedules" 5/11/07- 5/21/07 E-mail chain between Molloy and Chang; subject: "PTO time" 3/30/07 Letter from Verity to Lillge, regarding "2006 Profit and Profit Share" Verity's typed and handwritten notes regarding 1/18/07 meeting with Lillge Verity's typed and handwritten notes regarding 1/16/07 meeting with Lillge, Carolla, and Weinstein 3/6/07 Christina Chang Self Performance Evaluation at CMC

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Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 16 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

507 509 510 516 518 519 520 525 529 540 541 542 547

5/11/07- 5/25/07 E-mail chain between Chang and Mary Beth Carder of Delta Dental); subject: "my new contact v-card ­ Branding Boulevard"

DESCRIPTION

5/11/07- 5/16/07, E-mail chain between Chang and Layne Combrink of Delta Dental ("Combrink"); subject: "soooo ­ My new contact" 5/11/07- 6/13/07, E-mail chain between Chang and Combrink; subject: "My new contact details ­ Christina Chang / Branding Boulevard" 5/11/07- 6/13/07 E-mail from Rose Doyle of Bingham; subject: "my new contact details ­ Christina Chang" 5/11/08- 5/21/08 E-mail chain between Chang and Rebecca Gutfran of Bingham ("Gutfran"); subject: "My new contact info ­ Branding Boulevard" 6/11/07 E-mail from Chang to Gutfran; subject: "Bingham polycard water bottles" 5/21/07 E-mails from Chang to Dabela (Bingham); subject: "Branding Boulevard ­ Christina Chang" 5/17/07 E-mail chain between Chang and Ernst; subject: "Lip Balms and Nail Files!" 5/11/07- 5/22/07 E-mail chain between Chang and Marilyn Cariola of Bechtel); subject: "My new contactBranding Boulevard ­ Christina Chang"

5/11/07- 5/14/07 E-mail chain between Chang and Doug DiFranco of Kaiser ("DiFranco"); subject: "I'm gonna miss you!" 5/22/07 E-mail from Chang to DiFranco; subject: "My new contact info ­ Branding Boulevard" 6/13/07 E-mail from Chang to DiFranco; subject: "My new contact details" 5/11/07 E-mail chain between Chang and Nancy Reyes of Parnassus Investments ("Reyes"); subject: "Today is my last day. Thank you for the support."

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

Page 17 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 17 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
5/14/07 E-mail from Reyes to Chang; subject: "Parnassus Logo" 5/11/07- 5/17/07 E-mail chain between Chang and Daniel Kirshman of SafirRosetti; subject: "your weeding koozies" 5/11/07- 5/14/07 E-mail chain between Chang and Gina Simons of State Compensation Insurance Fund ("Simons"); subject: "CHANG is back"

548 550 555 556 557 569 570 573 575 580 586 591 597

5/11/07- 5/14/07 E-mail chain between Chang and Berta Gelber ("Gelber"); subject: "Hey (CHANG is back)" 6/13/07 E-mail from Chang to Gelber and Simons; subject: "My updated contact details ­ Christina Chang" 5/11/07- 5/22/07 E-mail chain between Chang and Chan; subject: "Our new contact ­ Branding Boulevard" 11/08/07 E-mail chain between Chang and Chan; subject: "Greetings from Christina Chang ­ Branding Boulevard" 5/11/07 E-mail chain between Chang and Amanda Nguyen of Wells Fargo; subject: "Today is my last day. Thank you for the support."

5/1107- 6/13/07 E-mail chain between Chang and Kelly Keegan of Wells Fargo; subject: "My new contact details ­ Christina Chang" 5/11/07- 5/14/07 E-mail chain between Chang and Teri Forestieri of Delta Dental; subject: "CHANG is back =)" 5/11/07- 5/21/07 E-mail chain between Chang and Therese Porter of S.F. Medical Society; subject: "My new contact ­ Branding Boulevard" 5/11/07- 6/13/07 E-mail chain between Chang and Sandra Freitas of the City of San Jose; subject: "My new contact details ­ Christina Chang" 5/11/07- 5/14/07 E-mail between Chang and Robert Lee of GC America; subject: "CHANG is back!"

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

Page 18 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 18 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

DESCRIPTION
5/23/07 E-mail from Chang to contacts at GC America; subject: "My new contact info = Branding Boulevard" 5/11/07- 5/21/07 E-mail chain between Chang and Engis Calero of Hotel Whitcomb; subject: "Branding Boulevard ­ my new contact" 5/16/07 E-mail from Chang to Gina Lee of Chevron; subject: "My new contact info ­ Christina Chang" 5/11/07- 5/16/07 E-mail chain between Chang and Charlotte Williams of Chevron; subject: "Branding Boulevard ­ my new company"

598 609 613 615 616 649 673

E-mail from Chang to John Kim of De La Rosa & Co.; subject: "My new contact info ­ Branding Boulevard ­ Christina Chang" 5/22/07 E-mails from Verity to Chang, forwarding emails Verity received from CMC customers 4/6/07 E-mail from Jeff Weinstein to CMC office personnel; subject: "security breach" Unexecuted "Confidential Employment Repurchase and Release Agreement," effective Date: 4/27/07, outlining agreement for Verity's departure from CMC and attaching promissory note (also unsigned), with handwriting at the top that says "Offer Received 3/14/07" 3/26/07 Letter from Marlow to Verity, regarding Verity and Lillge's proposed agreement Cover image of the 2007 Branding Boulevard catalog 2006 and 2007 Profits/Loss Statements for CMC Image of Branding Boulevard advertisement/Catalog cover 6/6/07- 7/13/07 E-mail chain between Cecilia Aceti and Verity; subject: "pen's quote"

675

676 679 680 681 691

Case 3:07-cv-02748-MHP

Document 158

Filed 04/14/2008

Page 19 of 19

Case No.:

C07-02748 MHP

Date: May 6, 2008

MARK LILLGE D/B/A CREATIVE MARKETING CONCEPTS V. ANDREW VERITY AND CHRISTINA CHANG
(X) PLAINTIFF'S

EXHIBIT LIST
PAGE 19 of 19

( ) DEFENDANT'S

EXHIBIT NUMBER

DATE MARKED / DATE ADMITTED

692 699 703 704 706

8/6/07- 8/7/07 E-mail chain between Scott Paro of San Francisco Health Plan and Verity; subject: "Creative Marketing"

DESCRIPTION

3/19/07- 6/15/07 E-mail chain between Sandy Billecci of Xoma and Verity; subject: "Windsocks/ Official Measurement" 5/24/07 E-mail to five contacts at Better World Advertising; subject: "New Contact Details / Andy Verity"

8/14/07 E-mail to contacts at Social Marketing from Verity; subject: "Andy Verity / Branding Boulevard" 7/11/07 E-mail from Verity to Beth Rice of Applied Material; subject: "Contact info & picture"