In addition, plaintiffs requested a complete privilege log as soon as practical. Plaintiffs yesterday requested Microsoft to produce now either the redacted material or provide a privilege log relating to the redaction. A separate Microsoft email thread ( GX 2244) shows that Shaw provided Gates' December 1 email to a reporter from Associated Press, and instructed another public relations person to provide the email to other reporters who asked for it. ( See GX 2245) The redacted email is said to relate the DecemGates email prepared for public relations purposes it is neither to nor from an attorney. ( GX 2245) Redacted from the email thread is the body of a Decememail from Greg Shaw, one of Microsoft's public relations representatives, to Microsoft executives Gates, Maritz and Nielsen. Indeed, on December 3, 1998, Bill Gates complained that his purported email had not been distributed widely enough. The reason that this purported Microsoft internal email was in AOL's files was that Microsoft had distributed it to the public. See GX 2244 and GX 2245 (attached hereto). In fact, as Microsoft counsel was aware from documents produced by Microsoft, the Decememail had been prepared for the purposes of this litigation and had been distributed to the press the day it was dated. Colburn reviewed the document in preparation for his testimony, and if he knew why the document had been marked as highly confidential, as well as some substantive questions about whether the witness agreed with Mr. 42) Microsoft counsel continued with a number of questions about the document, including whether Mr. Describing DX 2533 as a "very interesting document to have produced from AOL," Microsoft counsel proceeded to ask the witness if he knew how the document came to be in AOL's files. DX 2533 had been produced in discovery by AOL and bore AOL production numbers. The email is a self-serving summary of Microsoft's arguments in this case relating to AOL and other matters. On June 14, 1999, during the examination of David Colburn, Microsoft counsel offered Defendant Exhibit 2533, which Microsoft counsel described as "an email from Bill Gates to his executive staff dated December 1, 1998." (6/14/99 p.m. Although Microsoft withheld and redacted certain responsive documents on the grounds of privilege, it never provided a privilege log. The subpoena required Microsoft to provide a privilege log for documents withheld on the grounds of privilege. On April 1, 1999, plaintiffs served a subpoena on defendant Microsoft seeking documents in Microsoft's possession relating to AOL's acquisition of Netscape and the related agreement with Sun. Plaintiffs request that Microsoft be ordered to produce for in camera inspection by close of business on June 16, 1999, all withheld documents related to Defendant Exhibit 2533, which Microsoft used at trial on Jand attempted to introduce in evidence. Plaintiffs also request that the defendant be ordered to provide a privilege log for documents withheld on the grounds of privilege. Plaintiffs move for an order compelling defendant Microsoft to produce documents withheld on the grounds of privilege or in the alternative for an in camera inspection of particular documents. THE ALTERNATIVE, FOR AN IN CAMERA INSPECTION OF DOCUMENTS PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS OR, IN For an official signed copy, please contact the Antitrust Documents Group. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting).
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