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Contract analysis / meet-and-confer-memo.docx
meet-and-confer-memo.docx
High · 1
Medium · 1
Standard · 1
I. PARTICIPANTS
I. PARTICIPANTS The following individuals participated in the meet-and-confer conference: Calderwood & Harkness LLP (counsel for Dunmore Energy Holdings Ltd. and Dunmore Fuel Supply, Inc.): • Howard Bellamy, Partner, Antitrust & Competition • Monica Reyes, Senior Associate, Antitrust & Competition Meridian Attorney General's Office, Antitrust Division (500 Capitol Avenue, Suite 300, Baxter City, Meridian 39201): • Al
II. TOPICS DISCUSSED
High
⚑ Penalty / liquidated damages
II. TOPICS DISCUSSED The discussion proceeded in a generally collaborative and orderly fashion. AAG Brennan opened the meeting by confirming the agenda topics she wished to cover, which substantially corresponded to the items Calderwood & Harkness had proposed in its October 14, 2025 agenda email to the group. The following is a summary of each substantive topic addressed during the conference, organized by subject m
III. ACTION ITEMS
III. ACTION ITEMS Based on the discussions summarized above, the following action items have been identified for Calderwood & Harkness's immediate attention:
1. Await AG's letter memorializing the narrowed scope of Document Requests 7–12. AAG Bren
1. Await AG's letter memorializing the narrowed scope of Document Requests 7–12. AAG Brennan indicated this letter will be sent within approximately one week, with a target delivery date of October 24, 2025. Upon receipt, Calderwood & Harkness must carefully review the letter to confirm that the written memorialization accurately reflects the four narrowing criteria agreed upon during the meet-and-confer (i.e., the c
2. Await AG's draft protective order. AAG Brennan indicated the draft protective order wi
Medium
⚑ Confidentiality undertaking
2. Await AG's draft protective order. AAG Brennan indicated the draft protective order will be circulated to all respondents' counsel by October 24, 2025. Upon receipt, Calderwood & Harkness must review the draft for consistency with Dunmore's confidentiality needs, with particular attention to the treatment of "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" materials and the intersection of the protective order's provi
3. Circulate draft protective order to JDA counsel for coordinated review. Upon receipt o
3. Circulate draft protective order to JDA counsel for coordinated review. Upon receipt of the AG's draft protective order, Calderwood & Harkness will share the draft with Gregory Whitfield at Whitfield, Strauss & DeVane LLP and Diane Colby at Archer Colby LLP for coordinated review and comment under the Joint Defense and Common Interest Agreement dated October 1, 2025. The objective is to develop a unified responden
4. Continue TAR document review on schedule to meet the November 3, 2025 production deadl
Standard
⚑ Commercial term
4. Continue TAR document review on schedule to meet the November 3, 2025 production deadline. Technology-Assisted Review (TAR) 1.0 training commenced on October 10, 2025, and validation checkpoints are ongoing. Calderwood & Harkness must maintain the current timeline and coordinate closely with Daniel Furrow at Brindoval Analytics LLC, Dunmore's e-discovery vendor, to ensure that all processing and review milestones
5. Begin preparing Dunmore Fuel Supply corporate representative(s) for potential January
5. Begin preparing Dunmore Fuel Supply corporate representative(s) for potential January 2026 oral examination. Although the AG's office has not yet served formal deposition notices and has not identified specific examination topics, it is prudent to begin preparation now. Calderwood & Harkness should identify likely designees for the corporate representative examination. Terrence "Terry" Kinloch, Vice President of G
6. Brief Patricia Aldridge on meeting outcomes. A call with Patricia Aldridge, General Co
6. Brief Patricia Aldridge on meeting outcomes. A call with Patricia Aldridge, General Counsel of Dunmore Energy Holdings Ltd., is scheduled for October 17, 2025 at 5:00 PM CT. The briefing should cover all topics discussed during the meet-and-confer, with particular attention to the following: (a) the agreed narrowing of the scope of Document Requests 7–12 and the four criteria adopted; (b) the timeline for the AG's