Subject: Re: Corporate Records Services - protective order and other items
From: "Michael B" <[email-masked]>
To: "David R. Brake" <[email-masked]>
Date: Tue, 9 Jun 2015 16:01:15 -0400

Will do.
Thank you,
Michael B
LLPS

From: David R. Brake 
Sent: Tuesday, June 09, 2015 3:56 PM
To: Mike Bishop 
Subject: FW: Corporate Records Services - protective order and other items

 

Hello Mike:  Please call in tomorrow at 10:00 a.m.  Thanks.

David R. Brake

Knaggs, Harter, Brake and Schneider P.C.

7521 Westshire Dr. Ste. 100

Lansing MI 48917

Direct:  (517) 622-2411

Main:  (517) 622-0590

Fax:  (517) 622-8463

[email-masked]

From: Dan Artaev [mailto:[email-masked]] 
Sent: Tuesday, June 09, 2015 2:08 PM
To: David R. Brake
Cc: Mike Bishop; Michael Cox; Sally Schmidt
Subject: RE: Corporate Records Services - protective order and other items

Yes 10am tomorrow should work. I'll let you know if something changes.

Please use this call in info:

Call in: 866-906-7447

Participant code: 9024830

Thanks, 

Dan

_________________________________

Dan V. Artaev

Associate Attorney

The Mike Cox Law Firm PLLC

17430 Laurel Park Drive North, Suite 120E

Livonia, MI  48152

(734) 591-4002

[email-masked]

Confidentiality Notice: This electronic message (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contains information from The Mike Cox Law Firm PLLC which may be confidential, legally privileged or otherwise protected from disclosure. This information is intended for the use of the addressee only. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, printing or any other use of, or any action in reliance on the contents of this electronic message is strictly prohibited. If you have received this communication in error, please notify us by telephone at (734) 591-4002 and delete the original message. 

IRS Circular 230 Notice: Federal tax advice, if any, contained in this document and its attachments may not be used or referred to in the promoting, marketing or recommending of any entity, investment plan or arrangement, nor is the advice intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding Federal tax penalties.

Electronic Signature: Nothing contained in this communication is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.

From: David R. Brake [mailto:[email-masked]] 
Sent: Tuesday, June 09, 2015 2:02 PM
To: Dan Artaev
Cc: Mike Bishop
Subject: RE: Corporate Records Services - protective order and other items

How about a conference call tomorrow at 10:00 a.m.?  I've got Mike Bishop lined up to call in and participate.  Please confirm.  Thanks.

David R. Brake

Knaggs, Harter, Brake and Schneider P.C.

7521 Westshire Dr. Ste. 100

Lansing MI 48917

Direct:  (517) 622-2411

Main:  (517) 622-0590

Fax:  (517) 622-8463

[email-masked]

From: Dan Artaev [mailto:[email-masked]] 
Sent: Tuesday, June 09, 2015 12:30 PM
To: David R. Brake
Cc: Sally Schmidt; Michael Cox
Subject: RE: Corporate Records Services - protective order and other items

David, what time would it work to do a call tomorrow morning? Will Michael Bishop be available to speak with us as well regarding some of the operational questions? We have some questions regarding the details of the operation, like the number of customers, number of employees, and the details of the telemarketing. This information would be useful because we would then know what to expect in discovery from our end.

We can do a conference call if that works better - please let us know. 

Conference call info:

Call in: 866-906-7447

Participant code: 9024830

Thanks, 

Dan

_________________________________

Dan V. Artaev

Associate Attorney

The Mike Cox Law Firm PLLC

17430 Laurel Park Drive North, Suite 120E

Livonia, MI  48152

(734) 591-4002

[email-masked]

Confidentiality Notice: This electronic message (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contains information from The Mike Cox Law Firm PLLC which may be confidential, legally privileged or otherwise protected from disclosure. This information is intended for the use of the addressee only. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, printing or any other use of, or any action in reliance on the contents of this electronic message is strictly prohibited. If you have received this communication in error, please notify us by telephone at (734) 591-4002 and delete the original message. 

IRS Circular 230 Notice: Federal tax advice, if any, contained in this document and its attachments may not be used or referred to in the promoting, marketing or recommending of any entity, investment plan or arrangement, nor is the advice intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding Federal tax penalties.

Electronic Signature: Nothing contained in this communication is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.

From: David R. Brake [mailto:[email-masked]] 
Sent: Tuesday, June 09, 2015 11:36 AM
To: Dan Artaev
Subject: RE: Corporate Records Services - protective order and other items

I'm available tomorrow morning or anytime Friday.

David R. Brake

Knaggs, Harter, Brake and Schneider P.C.

7521 Westshire Dr. Ste. 100

Lansing MI 48917

Direct:  (517) 622-2411

Main:  (517) 622-0590

Fax:  (517) 622-8463

[email-masked]

From: Dan Artaev [mailto:[email-masked]] 
Sent: Monday, June 08, 2015 11:11 AM
To: David R. Brake
Cc: Michael Cox; Sally Schmidt
Subject: FW: Corporate Records Services - protective order and other items

David - this morning I received the Attorney General's "counter-proposal" protective order. The AG essentially rewrote the protective order to take away all of the reasonable protections and to limit the order to customer lists. Needless to say, I do not think we can agree to this. 

I propose filing a motion for protective order - it would make us look better to the judge, and we would have the first opportunity to explain our reasonable position, rather than having to respond to a motion to compel. I think it is important for the judge to see that while we are reasonable and are willing to cooperate with discovery, we cannot have the AG contacting our customers without protections. Otherwise, the AG will put us out of business without having to litigate the merits of his Complaint and achieve the same result. 

Also, it would be helpful if we set up a call later this week with you and Michael Bishop to talk about some of the details about MPA's business, such as how many customers they have. I think you also mentioned that you had started to compile responsive documents - if so, we would like to look through them to get a better sense of the type of information that could potentially be produced. 

Thanks - please let me know a good time for a call later this week and your thoughts regarding the protective order and possible motion. 

Dan

_________________________________

Dan V. Artaev

Associate Attorney

The Mike Cox Law Firm PLLC

17430 Laurel Park Drive North, Suite 120E

Livonia, MI  48152

(734) 591-4002

[email-masked]

Confidentiality Notice: This electronic message (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contains information from The Mike Cox Law Firm PLLC which may be confidential, legally privileged or otherwise protected from disclosure. This information is intended for the use of the addressee only. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, printing or any other use of, or any action in reliance on the contents of this electronic message is strictly prohibited. If you have received this communication in error, please notify us by telephone at (734) 591-4002 and delete the original message. 

IRS Circular 230 Notice: Federal tax advice, if any, contained in this document and its attachments may not be used or referred to in the promoting, marketing or recommending of any entity, investment plan or arrangement, nor is the advice intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding Federal tax penalties.

Electronic Signature: Nothing contained in this communication is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.

From: Fowler, Darrin (AG) [mailto:[email-masked]] 
Sent: Monday, June 08, 2015 10:07 AM
To: Dan Artaev
Cc: Gabrielse, Mark A. (AG); Sova, Staci (AG)
Subject: FW: Corporate Records Services

Good Morning Dan,

Attached is a counter-proposal for a stipulation and protective order to resolve our current dispute over the discovery that has been sought.

We reviewed your proposed document and cannot agree to it.  Its breadth was well beyond the documents implicated in the current discovery request, so we hope by narrowing the focus we can come to some resolution.  While we understand your client wants to limit the scope of its disclosures, that concern needs to be balanced with the fact the Attorney General is a government official, and the judicial system generally favors open litigation rather than that which might be done under seal.

We are also constitutionally unable to agree to indemnification clauses such as those contained in your draft agreement.  

Please let us know by Thursday of this week whether this alternate proposal will be acceptable.

Thank you,

Darrin