2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 1 of 17 Pg ID 22348
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 1 Of 17
`Pg ID 22348
`
`Exhibit K
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 2 of 17 Pg ID 22349
`2:12-md—02311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 2 Of 17
`Pg ID 22349
`
`Gangnes, Larry
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Omar:
`
`Papelian, Joseph E <joseph.e.pape|ian@de|phi.com>
`Monday, September 28, 2015 10:30 AM
`oochoa@susmangodfrey.com
`vicky@cuneolaw.com; b|ondon@fklm|aw.com; DLambrinos@cpmlega|.com;
`swi||iams@cpm|ega|.com; Gangnes, Larry; Frantangelo, Barbara K; Yeager, Judy
`Wire Harness Auto Parts — Fo||ow—up To 09/28/15 Call (Response to Discovery Requests)
`
`in addition to you, Larry
`This follows our call this afternoon regarding the Wire Harness Discovery Requests.
`Ganges was also on the call. On the call from Delphi were Barbara Frantangelo, David Foren, Paul Falete,
`
`Shishir Gupta, and me.
`
`item # 1: Sourcing Files - DPRG Packages
`
`*
`Pre-2011: As we discussed, we conducted a search of the documents collected in response to the DOJ
`subpoena. There are approximately 28,000 documents responsive to the terms "DPRG" and/or "Divisional
`Pricing Review Group," which will need to be reviewed by contract attorneys for privilege and responsiveness.
`
`Post-2011: We anticipate 3-4 weeks to search for DPRG presentations post—201l. Although the actual
`*
`search should only take 2 days, we would need a month to ensure the Delphi representative can conduct the
`
`search along with his normal work responsibilities.
`
`Item # 2: Transactional Data
`
`Pre-2006: This information is stored on a database maintained by General Motors. Although our IT
`*
`group advised there is a low probability the data still exists, Delphi agreed to reach out to GM and make the
`inquiry for responsive data.
`
`Post-2006: The SAP database Delphi has access to is limited to the United States (with perhaps some
`*
`information from Mexico), since each country maintains its own SAP database.
`It was discussed that
`downloading the data to Excel is difficult. We discussed the possibility of a third party access to the SAP
`database. Any third party would have to be approved by Delphi and agree to specific confidentia|ity/
`confidential provisions to protect Delphi's data. Please let me know if you are interested in discussing this
`further. Delphi agreed to attempt to provide definitions for the categories of documents within the database.
`
`Item # 3: Miscellaneous
`
`It was agreed Delphi would create a list identifying the custodians of the documents produced to the DOJ
`*
`in the wire harness matter.
`
`*
`
`Delphi will attempt to provide the costs incurred for producing documents to the DOJ.
`
`By copy of this email to Judy Yeager I'm asking she scheduled a follow—up call We will schedule a follow up call
`on October 12 around noon.
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 3 of 17 Pg ID 22350
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 3 Of 17
`Pg ID 22350
`
`Please call if you have any questions.
`
`Joe
`
`248 813-2535
`
`****************************************************************************************
`
`Note: lfthe reader ofthis message is not the intended recipient, or an employee or agent responsible for
`delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution
`or copying of this communication is strictly prohibited. lfyou have received this communication in error,
`please notify us immediately by replying to the message and deleting it from your computer. Thank you.
`****************************************************************************************
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 4 of 17 Pg ID 22351
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 4 Of 17
`Pg ID 22351
`
`Exhibit L
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 5 of 17 Pg ID 22352
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 5 Of 17
`Pg ID 22352
`
`Gangnes, Larry
`
`From:
`
`Sent:
`To:
`Cc:
`
`Subject:
`
`Attachments:
`
`Joe,
`
`Gangnes, Larry
`
`Wednesday, October 28, 2015 9:51 AM
`Papelian, Joseph E
`Omar Ochoa; Vicky Romanenko; 'blondon@fklm|aw.com' (blondon@fklmlaw.com);
`Demetrius Lambrinos; Steve Williams; Frantangelo, Barbara K; Yeager, Judy
`Wire Harness Auto Parts — Follow—up To O9/28/15 Call (Delphi Response to Discovery
`Requests)
`Auto Parts — Discovery Follow up Letter to Delphi.pdf; KE3O Example.xlsx
`
`Thank you again for hosting the parties‘ calls with you and your colleagues at Delphi on Sept. 28 and Oct.
`12. We are following up on your email below and the discussion on Oct. 12 with respect to Delphi's
`production of its transactional data and its SAP data base.
`
`First, we would like to understand why it is easier for Delphi to produce monthly data spreadsheets (like the
`attached sample KE30 report you sent us with your July 30 email) than the raw transactional data in the SAP
`data base.
`In other words, is there any difference in the cost and effort required to produce the monthly
`spreadsheets from the data base than that required to produce the raw data from the data base, and if so,
`what is the difference?
`
`Second, we would like to understand what transactional data is available in Delphi's SAP data base that is not
`available in the monthly spreadsheets.
`In this regard, please let us know let us know which of the categories
`of information listed in Omar's June 1, 2015 letter (attached, at pp. 2-4) are found (or alternatively, not found)
`in the SAP data base.
`
`Third, we would like to know what the cost is to Delphi in extracting the data from the SAP data base and
`whether there is any cost to Delphi in producing the data in electronic form other than the cost of extraction.
`
`Fourth, please provide us with the categories of documents in the SAP data base per your email below.
`
`Fifth, during our Oct. 12 call, you agreed to consult with your colleagues as to whether Delphi would permit a
`third—party vendor to look at its SAP data base for purposes of estimating what it would cost for that vendor to
`extract the data.
`
`Finally, please le tus know whether Delphi has received definitive word from GM as to whether GM has any of
`Delphi's pre-2006 data.
`
`Thank you for your continuing cooperation and assistance.
`
`Regards. Larry
`
`Larry Gangnes | Lane Powell PC
`Shareholder [ B_iQ | vCard
`1420 Fifth Avenue. Suite 4200
`
`PO. Box 91302 | Seattle. WA 98111-9402
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 6 of 17 Pg ID 22353
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 6 Of 17
`Pg ID 22353
`
`Direct: 206.223.7036 I Mobile: 206.779.6745
`GangnesL@LanePowell.com | www.lanepowell.com
`
`----—Original Message———--
`From: Papelian, Joseph E [mailtozioseph.e.pape|ian@delphi.com]
`
`Sent: Monday, September 28, 2015 10:30 AM
`To: Omar Ochoa
`
`Cc: Vicky Romanenko; 'blondon@fklm|aw.com' (blondon@fk|m|aw.com); Demetrius Lambrinos; Steve
`Williams; Gangnes, Larry; Frantangelo, Barbara K; Yeager, Judy
`Subject: Wire Harness Auto Parts - Follow-up To O9/28/15 Call (Response to Discovery Requests)
`
`Omar:
`
`In addition to you, Larry
`This follows our call this afternoon regarding the Wire Harness Discovery Requests.
`Ganges was also on the call. On the call from Delphi were Barbara Frantangelo, David Foren, Paul Falete,
`
`Shishir Gupta, and me.
`
`Item # 1: Sourcing Files — DPRG Packages
`
`Pre—2011: As we discussed, we conducted a search of the documents collected in response to the DOJ
`*
`subpoena. There are approximately 28,000 documents responsive to the terms "DPRG" and/or "Divisional
`Pricing Review Group," which will need to be reviewed by contract attorneys for privilege and responsiveness.
`
`Post-2011: We anticipate 3-4 weeks to search for DPRG presentations post—2011. Although the actual
`*
`search should only take 2 days, we would need a month to ensure the Delphi representative can conduct the
`search along with his normal work responsibilities.
`
`Item # 2: Transactional Data
`
`*
`Pre-2006: This information is stored on a database maintained by General Motors. Although our IT
`group advised there is a low probability the data still exists, Delphi agreed to reach out to GM and make the
`inquiry for responsive data.
`
`Post-2006: The SAP database Delphi has access to is limited to the United States (with perhaps some
`*
`information from Mexico), since each country maintains its own SAP database.
`It was discussed that
`downloading the data to Excel is difficult. We discussed the possibility of a third party access to the SAP
`database. Any third party would have to be approved by Delphi and agree to specific confidentiality/
`confidential provisions to protect Delphi's data. Please let me know if you are interested in discussing this
`further. Delphi agreed to attempt to provide definitions for the categories of documents within the database.
`
`Item # 3: Miscellaneous
`
`It was agreed Delphi would create a list identifying the custodians of the documents produced to the DOJ
`*
`in the wire harness matter.
`
`*
`
`Delphi will attempt to provide the costs incurred for producing documents to the DOJ.
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 7 of 17 Pg ID 22354
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 7 Of 17
`Pg ID 22354
`
`By copy of this email to Judy Yeager I'm asking she scheduled a follow—up call We will schedule a follow up call
`on October 12 around noon.
`
`Please call if you have any questions.
`
`Joe
`
`248 813-2535
`
`*>l<*>l<=l<>l<=l<**>l<*>l<>l<>l<=l¢*>l<*=l<>l<*********>l<*******=l<*=l<>l<>l<**>l<>l<*>l<*****=l<>l<>l<***>l<=l<>l=*>l<>l<*>l<=k*>l<>l<***=l<******>l<******
`
`Note: Ifthe reader ofthis message is not the intended recipient, or an employee or agent responsible for
`delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution
`or copying of this communication is strictly prohibited. lfyou have received this communication in error,
`please notify us immediately by replying to the message and deleting it from your computer. Thank you.
`*>l<***>l<**>l<*******>l<>l<>l<**>l<*>l<=l<**>l<*=l<>l<>l<*>l<>l=>l==l<*>l<**=l<=l<=l<*>l<*>l<*>l<>l<*>l<>l<*>l=*>l<>l<=l<******>l<**>l<*=l<**>l<=l<>l<>l<*=l<=l<**>l<****
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 8 of 17 Pg ID 22355
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 8 Of 17
`Pg ID 22355
`
`Gangnes, Larry
`
`From:
`Sent:
`To:
`Cc:
`
`Papelian, Joseph E <joseph.e.papelian@delphi.com>
`Friday, December 04, 2015 8:15 AM
`Gangnes, Larry
`Frantangelo, Barbara K
`
`Subject:
`Attachments:
`
`Response to Gangnes re: Wire Harness
`KE30 vs SAP.XLSX
`
`Larry:
`
`I'm sending this email before our call later this morning responding to your October 28,2015 email.
`questions below, and noted our responses:
`
`I have listed your
`
`1.
`
`First, we would like to understand why it is easier for Delphi to produce monthly data spreadsheets (like the
`
`sample KE30 report you sent us with your July 30 email) than the raw transactional data in the SAP data base.
`other words, is there any difference in the cost and effort required to produce the monthly spreadsheets from
`the data base than that required to produce the raw data from the data base, and if so, what is the difference?
`
`In
`
`The spreadsheets for KE30 that were sent have lookup tables that contain mapping that is not available in SAP
`to group the data by PBU, CBU, and Platforms. The raw data would not have this mapping and make it
`difficult to understand or group the data.
`
`Second, we would like to understand what transactional data is available in Delphi's SAP data base that is not
`available in the monthly spreadsheets.
`in this regard, please let us know let us know which of the categories of
`information listed in Omar's June 1, 2015 letter (attached, at pp. 2-4) are found (or alternatively, not found) in
`the SAP data base.
`
`Please see attached.
`
`Third, we would like to know what the cost is to Delphi in extracting the data from the SAP data base and
`whether there is any cost to Delphi in producing the data in electronic form other than the cost of extraction.
`
`In order to respond to this request, we would have to engage a third party to obtain a quote. We have not
`yet done so.
`
`Fourth, please provide us with the categories of documents in the SAP data base per your email below.
`
`See attached
`
`Fifth, during our Oct. 12 call, you agreed to consult with your colleagues as to whether Delphi would permit a
`third-party vendor to look at its SAP data base for purposes of estimating what it would cost for that vendor to
`extract the data.
`
`in order to respond to this request, we would have to engage a third party to obtain a quote. We have not
`yet done so.
`
`Finally, please let us know whether Delphi has received definitive word from GM as to whether GM has any of
`Delphi's pre~2006 data.
`'
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 9 of 17 Pg ID 22356
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed O3/31/16 Pg 9 Of 17
`Pg ID 22356
`
`We received a response from GM that they no longer have the data.
`
`Thanks,
`
`Joe
`****************************************************************************************
`
`Note: If the reader of this message is not the intended recipient, or an employee or agent responsible for
`delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or
`copying of this communication is strictly prohibited. If you have received this communication in error, please
`notify us immediately by replying to the message and deleting it from your computer. Thank you.
`****************************************************************************************
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 10 of 17 Pg ID 22357
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed 03/31/16 Pg 10 Of 17
`Pg ID 22357
`
`Exhibit M
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 11 of 17 Pg ID 22358
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed 03/31/16 Pg 11 Of 17
`Pg ID 22358
`
`Gangnes, Lara
`
`From:
`
`Sent:
`To:
`Cc:
`Subject:
`Attachments:
`
`Joe,
`
`Gangnes, Larry
`
`Monday, December 14, 2015 7:25 PM
`Papelian, Joseph E
`Davis, Kenneth R.; barbara.k.frantangelo@delphi.com; Fine, Stephanie
`Wire Harness Defendants‘ Discovery Requests to Delphi
`Wire Harness Auto Parts — Response to Discovery Requests; Wire Harness Auto Parts —
`Follow—up To O9/28/15 Call (Response to Discovery Requests); Response to Gangnes re:
`Wire Harness
`
`Thanks for speaking with me and Stephanie Fine this morning. Our proposal for moving forward with the Wire
`Harness Defendants’ discovery requests to Delphi is summarized below, as you requested.
`
`As discussed, we would like to proceed in two stages. First, we would like to get an estimate of the costs to
`retain a third-party vendor to extract Delphi's transactional data regarding its purchases of Wire Harness
`Products (”WHPs”) (as defined in plaintiffs’ consolidated complaints) from its suppliers and sales of such
`Products to all OEM and other customers for whatever time periods Delphi maintains such data, as described
`in your July 30, September 28, and December 4 emails (attached). This production would include the monthly
`KE30 summary sales reports, a sample of which was attached to your July 30 email. Please let us know the
`time periods for which Delphi has the KE30 sales reports, including prior to 2006. You also agreed to see
`whether Delphi has a monthly summary of its purchases of WHPs. Finally, please explain the note in the
`spreadsheet attached to your December 4 email to the effect that: ”SAP data for DEEDS did not start until
`2008 and was not completed until Nov 2009 — will have partial data until that time.”
`
`As I mentioned, we have located a vendor familiar with SAP databases that is available to extract Delphi's
`transactional data — Zencos Consulting (www.zencos.com) in Cary, North Carolina. We have spoken with Ben
`Zenick, Zencos’ co-founder and COO (bzenick@zencos.com; 919-459-4600 x 103; mobile: 919-524-4524),
`about obtaining a cost estimate for this project. To that end, Mr. Zenick will be contacting you for information
`about the scope of work. Once we have a cost estimate from Zencos, Defendants will be in a position then to
`decide whether and how best to proceed with production of the data.
`
`In this
`The second discovery stage concerns the production of Delphi's electronic and other documents.
`regard, we request that Delphi produce the categories of documents described in your July 30 email
`(attached).
`In addition, we understand from our May 23, 2014 telephone conference with you and some of
`your Delphi colleagues that Delphi can print invoices from a database or produce the database. You agreed to
`find out for us the time periods for which Delphi has invoices for its sales of WHPs. Finally, we would request
`that Delphi produce any documents it has concerning purchases of WHPs from, or sales of WHPs to, the
`following Direct Purchaser Plaintiffs (or successors):
`
`1. Mexican Industries in Michigan, lnc., a now bankrupt Michigan corporation with its principal place of
`
`business in Detroit, Michigan;
`
`'
`
`2. Paesano Connecting Systems, lnc., a Pennsylvania corporation with its principal place of business in
`
`Ridgway, Pennsylvania;
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 12 of 17 Pg ID 22359
`2:12-md—02311—MOB—MKM DOC # 1276-4 Filed 03/31/16 Pg 12 Of 17
`Pg ID 22359
`
`3. Craft-Co Enterprises, |nc., a Mississippi corporation with its principal place of business in Brandon,
`
`Mississippi;
`
`4. Findlay Industries, Inc., an Ohio corporation with its principal place of business in Findlay, Ohio;
`
`5. Cesar-Scott, Inc., a Texas corporation with its principal place of business in El Paso, Texas;
`
`6. Martinez Manufacturing, Inc. (”Martinez”), an Illinois corporation with its principal place of business in
`
`Cary, Illinois;
`
`7. Thermtrol Corporation, the successor to Martinez, an Ohio corporation with its principal place of
`business in North Canton, Ohio;
`
`8. South Star Corporation, a Virginia corporation with its principal place of business in Elliston, Virginia;
`and
`
`9. ACAP, L.L.C., f/k/a Aguirre, Collins & Aikman Plastics, LLC, a defunct Michigan limited liability company
`
`formerly with its principal-place of business in Michigan.
`
`We understand that Delphi proposes to hire contract document reviewers to review Delphi's production to
`remove any privileged documents. We also understand from your September 28 email that Delphi has already
`conducted a search for its DPRG packages for the period prior to 2011 and located about 28,000 responsive
`documents for such a review.
`
`Again, we would like to see if we and Delphi can come up with a more definitive estimate of the costs of
`reviewing and producing such documents before Defendants decide to proceed and commit to paying such
`costs. We are hopeful that the costs will not approach the $100,000 you estimated earlier.
`
`To that end, we believe that the costs Delphi incurs in reviewing the 2,700 documents (7,500 pages) it has
`located regarding Ford's CD4 RFQ will be informative. One of the Defendants has already asked Delphi to
`proceed with that production. Once we know the costs of reviewing and producing the CD4 documents,
`Defendants and Delphi will be in a better position to estimate the costs of reviewing and producing the other
`documents described above, and Defendants will be able to decide whether and how best to proceed with
`
`production of those documents.
`
`Finally, we should mention a few more caveats. First, our experience with WHP databases has been that there
`are always follow—up questions about the data and data fields produced. We would like to be able to pose
`such questions to Delphi informally and get answers. Second, Defendants would like to obtain a declaration
`from the appropriate person(s) at Delphi confirming that the data and documents produced are business
`records within the meaning of FRE 803(6). Third, you agreed in your September 28 email to provide us with a
`list identifying the custodians ofthe documents produced to the Do] (which documents have been produced
`to both Plaintiffs and Defendants). Please provide us with this list identifying the custodians and the Bates
`number ranges ofthe documents produced from their files. Fourth, based on review of the DPRG packages
`produced, Defendants would like to reserve their rights to make further narrow, targeted requests for
`additional documents, if necessary, such as documents relating to a specific RFQ.
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 13 of 17 Pg ID 22360
`2:12-md-02311-MOB-MKM DOC # 1276-4 Filed 03/31/16 Pg 13 Of 17
`Pg ID 22360
`
`We will also be sending this email to Plaintiffs’ counsel in an effort to see whether they wish to participate and
`whether they have any additional requests.
`
`Thank you again for your attention to this matter. We look forward to hearing from you and moving forward.
`
`Regards. Larry
`
`Larry Gangnes | Lane Powell PC
`Shareholder | Big I vCard
`I420 l7<‘lftl1 Avenue, Suite 4200
`P.O. Box ‘H302 I Seattle, WA 98111-9402
`Direct: 206.233.7036 | Mobile: 206.779.6745
`GangnesL@LanePowell.com | www.1anepowel1.com
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 14 of 17 Pg ID 22361
`2:12-md—O2311—MOB—MKM DOC # 1276-4 Filed 03/31/16 Pg 14 Of 17
`Pg ID 22361
`
`Exhibit N
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 15 of 17 Pg ID 22362
`2:12-md—02311—MOB—MKM DOC # 1276-4 Filed 03/31/16 Pg 15 Of 17
`Pg ID 22362
`
`Gangnes, Larry
`
`From:
`
`Sent:
`To:
`Cc:
`
`Subject:
`
`Joe,
`
`Gangnes, Larry
`
`Sunday, January 24,2016 8:50 PM
`‘Papelian, Joseph E‘
`blondon@fk|mlaw.com,' evelyn@cuneo|aw.com; ‘Omar Ochoa‘; Davis, Kenneth R.;
`Frantangelo, Barbara K; Yeager, Judy
`Discovery Requests to Delphi
`
`Thank you for your email and for speaking with us on Friday. Please see my clarifying comments in italics in
`your email below. Please note also that we are still seeking the other categories of documents mentioned in
`your July 30, 2015 email, including Delphi's 5-year revenue plans for whatever period such plans exist up to
`December 31, 2014.
`
`As requested, please be advised that the lead spokesperson for the OEl\/ls has been Colin Kass. His contact
`info is:
`
`PROSKAUER ROSE LLP
`
`1001 Pennsylvania Avenue, N.W.
`Suite 600 South
`
`Washington, DC 20004-2533
`202.416.6890
`
`ckass@proskauer.com
`
`Finally, later this week I will provide dates and times for our fo||ow—up call during the week of Feb. 1.
`
`Regards.
`
`Larry Gangnes | Lane Powell PC
`Shareholder | Big ] yCard
`1420 Fifth /\venue, Suite 4200
`l3’.O. Box 91302 | Seattle, WA 981 l l—9402
`Direct: 206.223.7036 | Mobile: 206.779.6745
`Gap_g1_1esL@LanePowell,com l www.1anep_owel1.com
`
`From: Papelian, Joseph E [mailtozjoseph.e.pape|ian@delphi.com]
`Sent: Friday, January 22, 2016 12:35 PM
`To: Gangnes, Larry; b|ondon@fklm|aw.com; eve|yn@cuneo|aw.com
`Cc: Frantangelo, Barbara K; Yeager, Judy
`Subject: Antitrust Wire Harness - Discovery Requests
`
`Larry, Billy and Evelyn:
`
`This email follows the conference call this afternoon attended by: Larry Gangnes (counsel for Furukawa), Billy
`London (counsel for Direct Purchasers) and Evelyn Li (counsel for Auto Dealers); and Barb Frantangelo and
`me on behalf of Delphi Automotive Systems, LLC (Delphi). This was one of several calls we have had over the
`
`1
`
`

`
`2:12-md-02311-MOB-MKM Doc # 1276-4 Filed 03/31/16 Pg 16 of 17 Pg ID 22363
`2:12-md—02311—MOB—MKM DOC # 1276-4 Filed 03/31/16 Pg 16 Of 17
`Pg ID 22363
`
`last several months pertaining to documents you have requested from Delphi in the pending Wire Harness
`antitrust case before Judge Battani (Case No. 12-md~02311). As you know, Delphi is not a party, and failing
`an agreement you will need to issue a third party subpoena if you want discovery from Delphi.
`
`Here are the action items we noted from our call today: Please note this information relates to Wire Harness
`documents / data in North America only.
`
`1 .
`
`Delphi to advise whether they have received approval from Finance to allow a 3'“ party vendor to
`review and download 2006 — 2014 SAP data. — meaning transactional data for all purchases and sales
`of Wire Harness Products (as defined in plaintiffs’ complaints) for whatever period such data exists up
`to December 31, 2014.
`
`Delphi to determine the timing and cost to review and produce the 2006 — 2014 SAP data in-house. -
`same as above.
`
`Delphi to determine the timing and cost to search for, review and produce KE30 sales summaries and,
`if they exist, similar purchase summaries, for 2006 —— 2014. —~ meaning monthly KE30 summaries of all
`sales of Wire Harness Products for whatever period such summaries exist or can be generated up to
`December 31, 2014, and similar summaries of monthly purchases of Wire Harness Products, if they
`exist or can be generated.
`’
`
`Delphi to determine the timing and cost to search for, review, and produce DPRG packages from 2010
`— 2014. —meaning DPRG packages pertaining to (a) all RFQ responses or bids for the sale of Wire
`Harness Products or (b) other sales of Wire Harness Products, including sales made on a sole sourcing
`basis.
`In our January 19 call, you said that De/phi would conduct this search at no cost to the
`parties. We understand from your Oct. 28, 2015 email to Omar Ochoa that Delphi has already
`conducted a search for such DPRG packages for the period prior to 2011 and located 28,000
`documents.
`
`Delphi to determine the period of time for which it has relevant invoices, as well as the timing and cost
`to search for, review, and produce such documents.
`I mentioned we have a sample invoice that we will
`provide to you if an overall agreement is reached. — meaning invoices for all sales of Wire Harness
`Products for whatever period they exist up to December 31, 2014.
`
`Delphi to respond regarding purchases or sales of Wire Harness[es] Products to the nine (9)
`companies identified in Larry Gangnes’ 12/14/15 email.
`
`Delphi to advise whether it is willing to provide declarations from the business people as to the
`authenticity of its documents as business records.
`
`Delphi to advise whether it is willing to provide a list of custodians for the documents it produced to the
`DOJ. Please note that you agreed to provide such a list in your Oct. 28 email.
`
`Larry Gangnes to provide Delphi the contact information for Colin Kass, counsel for GM in the Wire
`Harness matter. See email above.
`
`10.
`
`Larry Gangnes to provide available dates for a follow-up call the week of February 1, 2016,
`understanding we are not available the morning of February 5, 2016. Please coordinate the date with
`Judy Yeager, who is copied on this email.
`
`Thank you,
`
`Joe Papelian
`248 813-2535
`
`

`
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