Subject: Softcopy Document Request

Reference: Gibby vs. IBM, Civil No. DKC-96-2860

Dear Messrs. Horne and Bibas:

Would you please be so kind as to mail me the following documents in softcopy (diskettes enclosed) you produced for the referenced case:

• Answer dated September 16, 1996
• Memorandum in Support of Defendant’s Motion for Judgment on the Pleadings dated October 23, 1996
• Reply Memorandum in Support of Defendant’s Motion for Judgment on the Pleadings dated December 11, 1996

I have also enclosed a pre-addressed, postage pre-paid return envelope for your convenience.

Thank you.

Electronically yours,

Keith Gibby

cc: Mr. Bruce M. Bender, Esquire, Van Grack, Axelson & Williamowsky, P.C.

September 25, 1997

Mr. Keith S. Gibby

Gaithersburg, MD 20878

Dear Mr. Gibby:

This is in response to your letter to me of September 16. Mr. Bibas is no longer with this firm, and any electronic copies that he may have kept of the listed documents are not readily available to me. Accordingly, I am returning your blank disks with this letter.

Very truly yours,

Michael S. Horne

tad

cc: Bruce M. Bender, Esq.

From: Keith Gibby

To: Mr. Michael S. Horne, Esquire (mhorne@cov.com)

Subject: Gibby v. IBM, Civil No. DKC-96-2860

Dear Mr. Horne:

Thank you for your letter dated September 25th in response to my letter dated September 16th letter to you and Mr. Bibas. With the departure of Mr. Bibas from your Firm, wouldn't one of your administrative/secretarial/word processing personnel have the electronic copies of the files I requested? Once again, would you please be so kind as to have one of your administrative folks e-mail or mail me (addresses below) the following documents your Firm produced for the subject case:

• Answer, dated 9/16/96
• Memorandum in Support of Defendant's Motion for Judgment on the Pleadings, dated 10/23/96
• Reply Memorandum in Support of Defendant's Motion for Judgment on the Pleadings, dated 12/11/96

Thank you for your assistance.

Electronically yours,

Keith Gibby

cc: Mr. Bruce M. Bender, Esq. (via U.S. Mail)

From: Keith Gibby

To: Mr. Michael S. Horne, Esquire (mhorne@cov.com)

Subject: Gibby v. IBM, Civil No. DKC-96-2860

I realize you are an extremely busy person and probably have much better ways to spend your time than to respond to requests such as mine (see below), so in the spirit of cooperation, maybe you could put me directly in touch with the appropriate administrative/secretarial/word processing person in your firm who can assist me in obtaining the documents listed below in electronic form.

Thank you for your assistance.

Electronically yours,

Keith Gibby

From: Keith Gibby

To: Mr. Michael S. Horne, Esquire (mhorne@cov.com)

Subject: Gibby v. IBM, Civil No. DKC-96-2860

Dear Mr. Horne:

Electronically yours,

Keith Gibby

October 17, 1997

Mr. Keith S. Gibby

Gaithersburg, MD 20878

Dear Mr. Gibby:

In response to your October 16the e-mail to Mr. Horne, I am writing to inform you that he is out of town. Enclosed please find a copy of Mr. Horne's September 29, 1997 letter to Mr. Bender regarding your request.

Very truly yours,

Theresa A. Dagenhart

Secretary to Michael S. Horne

Enclosure

cc: Bruce M. Bender, Esq.

From: Keith Gibby

To: Mr. Michael S. Horne, Esquire (mhorne@cov.com)

Subject: Gibby vs. IBM No. DKC-96-2860

Dear Mr. Horne:

I am in receipt of Ms. Theresa A. Dagenhart's letter dated October 17, 1997. I regret any misunderstanding which may have resulted from my direct communications to you re: a request for electronic copies of various pleadings you filed with the District Court. What I don't understand is that if my initial communication caused you so much difficulty, why didn't you just simply tell me so in your September 25, 1997 letter to me? As a result, was your September 29, 1997 to Mr. Bruce Bender re: such communications really necessary? Of course, you are certainly under no obligation to give me the courtesy of a response to this e-mail.

Very truly yours,

Keith S. Gibby

p.s. -- For what it's worth, this WILL be my last communication to you on this matter. Please don't feel like you have to send Mr. Bender another letter on this matter.

September 29, 1997

Bruce M. Bender, Esq.

Van Grack, Axelson & Williamowsky, P.C.

110 North Washington Street, Fifth Floor

Rockville, Maryland 20850

Dear Mr. Bender:

I have received another communication from your client, this time an e-mail repeating his earlier letter request that we provide him with electronic copies of various pleadings we filed in the District Court.

I don't think it appropriate for me to continue to have correspondence with your client on this matter. I would appreciate your advising him to discontinue his efforts to contact me. I will, of course, respond to communications from you.

As to the substance of Mr. Gibby's request, I am not going to undertake any further efforts to locate electronic copies of our pleadings. You were served with paper copies in accordance with the requirements of the Federal Rules. Those copies can be optically scanned in order to create an electronic version if someone really wants an electronic version.

Very truly yours,

Michael S. Horne

tad