Ex D VRX Motion To Compel

EXHIBIT D
Exhibit D
Page 10
Case 8:14-cv-01214-DOC-AN Document 165-5 Filed 10/09/14 Page 1 of 6 Page ID #:6780
1
Bhimani, Jay
From: Bhimani, Jay
Sent: Saturday, September 13, 2014 4:05 PM
To: 'Colleen.Smith@lw.com'; Shipley, Michael
Cc: michele.johnson@lw.com; Holscher, Mark C.; *frawleyb@sullcrom.com;
*sacksr@sullcrom.com; *johnsonee@sullcrom.com; *peter.wald@lw.com;
WDSavitt@wlrk.com; BRWilson@wlrk.com; John.Pierce@lw.com;
Matt.Harrison@LW.com; Boldt, Robert
Subject: RE: Allergan v. Valeant
Colleen -- below is our search term proposal.

Valeant
VRX
Pearson
@valeant.com
PS fund
Pershing
PSQ
Persq
Ackman
Bill /3 A
Doyle
@persq.com
[AGNs internal code names for projects addressing Valeants offer]

Jay Bhimani
Kirkland & Ellis LLP
333 South Hope Street, 28th Floor
Los Angeles, California 90071
Tel. (213) 680-8285
Fax (213) 808-8123

From: Colleen.Smith@lw.com [mailto:Colleen.Smith@lw.com]
Sent: Friday, September 12, 2014 6:32 PM
To: Shipley, Michael
Cc: michele.johnson@lw.com; Holscher, Mark C.; *frawleyb@sullcrom.com; *sacksr@sullcrom.com;
*johnsonee@sullcrom.com; Bhimani, J ay; *peter.wald@lw.com; WDSavitt@wlrk.com; BRWilson@wlrk.com;
J ohn.Pierce@lw.com; Matt.Harrison@LW.com; Boldt, Robert

Michael,

Thanks for this list. We will need the search terms you propose as soon as possible so that we may collect and review
the documents and produce them to you consistent with the scheduling stipulation. Please provide us with your
proposal by the end of the day tomorrow, September 13.

Thanks.

Exhibit D
Page 11
2
Colleen C. Smith

LATHAM & WATKINS LLP
12670 High Bluff Drive
San Diego, CA 92130
Direct Dial: +1.858.523.3985
Fax: +1.858.523.5450
Email: colleen.smith@lw.com
http://www.lw.com

From: Shipley, Michael [mailto:mshipley@kirkland.com]
Sent: Friday, September 12, 2014 9:54 AM
To: Smith, Colleen (SD)
Cc: J ohnson, Michele (OC); Holscher, Mark C.; *frawleyb@sullcrom.com; *sacksr@sullcrom.com;
*johnsonee@sullcrom.com; Bhimani, J ay; Wald, Peter (SF); WDSavitt@wlrk.com; BRWilson@wlrk.com; Pierce, J ohn (LA);
Harrison, Matt (SF); Boldt, Robert

Here is our list of Allergan custodians for your email search:

David Pyott
Mike Gallagher
Jeff Edwards
James Hindman
Doug Ingram

Michael Shipley

333 S. Hope St. | Los Angeles, CA 90071
Direct: 213.680.8222 | Direct Fax: 213.808.8164

Sent: Thursday, September 11, 2014 3:30 PM
To: Boldt, Robert; Shipley, Michael
Cc: michele.johnson@lw.com; Holscher, Mark C.; *frawleyb@sullcrom.com; *sacksr@sullcrom.com;
J ohn.Pierce@lw.com; Matt.Harrison@LW.com

This deletion is acceptable, and I will coordinate with Michael on the filing. Thanks.

From: Boldt, Robert [mailto:rboldt@kirkland.com]
To: Smith, Colleen (SD); Shipley, Michael
Cc: J ohnson, Michele (OC); Holscher, Mark C.; *frawleyb@sullcrom.com; *sacksr@sullcrom.com;
*johnsonee@sullcrom.com; Bhimani, J ay; Wald, Peter (SF); WDSavitt@wlrk.com; BRWilson@wlrk.com; Pierce, J ohn (LA);
Harrison, Matt (SF)

Colleen,

Weve accepted your edits, then deleted Section I because we disagree with your latest edits to it (see attached
redline). Rather than argue about it, we just deleted Section I because its unnecessary.
Exhibit D
Page 12
3

Please accept this deletion and file this as soon as practicable today. Thank you.

Bob

C. Robert Boldt | Kirkland & Ellis LLP
333 South Hope Street, 29th Floor| Los Angeles, CA 90071
(213) 680-8563 DIRECT | (213) 680-8500 FAX | rboldt@kirkland.com

To: Shipley, Michael
Cc: michele.johnson@lw.com; Boldt, Robert; Holscher, Mark C.; *frawleyb@sullcrom.com; *sacksr@sullcrom.com;
J ohn.Pierce@lw.com; Matt.Harrison@LW.com

As I mentioned yesterday, we needed a bit more time with a few points. A clean and redlined version of the stipulation
is attached.

We are available to discuss if you have any questions.

Best regards,

Colleen C. Smith

San Diego, CA 92130
Direct Dial: +1.858.523.3985
Fax: +1.858.523.5450
http://www.lw.com

Sent: Thursday, September 11, 2014 11:50 AM
To: Smith, Colleen (SD)
Cc: J ohnson, Michele (OC); Boldt, Robert; Holscher, Mark C.; *frawleyb@sullcrom.com; *sacksr@sullcrom.com;
*johnsonee@sullcrom.com; Bhimani, J ay; Wald, Peter (SF); WDSavitt@wlrk.com; BRWilson@wlrk.com; Pierce, J ohn (LA)
Subject: Re: Allergan v. Valeant

Colleen-

Where are we on the Stipulation? We told the court we would file this am an we still haven't seen the draft you said you
would send us by last night.

Thanks,

Mike

Sent by iPhone

Exhibit D
Page 13
4
Michael Shipley
333 S. Hope Street
Los Angeles, CA 90071
213.680.8222 (direct)

On Sep 10, 2014, at 2:44 PM, "Colleen.Smith@lw.com" <Colleen.Smith@lw.com> wrote:
Michael,

As I mentioned in our call, we are still reviewing the proposed stipulation. We dont believe Paragraphs
I.B. or 1.C. are necessary, but if you want to include that kind of information in the stipulation, we will
need additional time with it and wont be in a position to file the stipulation until tomorrow.

In addition, we noticed that your descriptions of the Valeant and PS productions to the SEC identify the
relevant time period as January 1, 2014 to May 2, 2014. We understood that the time period went back
to January 1, 2013, and that is the date discussed on the record as well. Would you please confirm that
January 1, 2013 is the correct date?

I am available to discuss if youd like.

Thanks.

Colleen C. Smith

San Diego, CA 92130
Direct Dial: +1.858.523.3985
Fax: +1.858.523.5450
http://www.lw.com

Sent: Wednesday, September 10, 2014 10:14 AM
To: J ohnson, Michele (OC); Boldt, Robert; Holscher, Mark C.; *frawleyb@sullcrom.com;
*sacksr@sullcrom.com; *johnsonee@sullcrom.com; Bhimani, J ay
Cc: Wald, Peter (SF); WDSavitt@wlrk.com; BRWilson@wlrk.com; Pierce, J ohn (LA); Smith, Colleen (SD);
Bhimani, J ay

Attaching a draft stip for the schedule for the PI.

Michael Shipley

333 S. Hope St. | Los Angeles, CA 90071
Direct: 213.680.8222 | Direct Fax: 213.808.8164

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Exhibit D
Page 14
5
communication or any part thereof is strictly prohibited and may be unlawful. If you have received this
communication in error, please notify us immediately by return e-mail or by e-mail to
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Latham & Watkins LLP

***********************************************************
The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside
information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis
International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited
and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by
e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments.
***********************************************************
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the
intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly
prohibited. If you are not the intended recipient, please contact the sender and delete all copies.


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Exhibit D
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