GEORGE & DONALDSON, L.L.P. LAW FIRM 1100 NORWOOD TOWER 114 WEST 7TH STREET AUSTIN,TEXAS 78701 TELEPHONE: (5I2)495-1400 FACSIMILE: (512) 499-0094 www.gdf.com NANNESKA N.HAZEL (512) 495-1424 nhazel@gdf.com September 30, 2002 Barry K. Bishop Aaron C. Gundzik Clark, Thomas & Winters, P.C. John Cotton 300 West 6th Street, 15th Floor Cotton & Gundzik, L.L. P. Austin, Texas 78701 725 S. Figueroa St., 34th Floor via Fax 512-474-1129 Los Angeles, California 90017 via Fax 213-623-6699 Re: FundsXpress Financial Network, Inc. v. Digital Insight Corporation, et al., In the Western District of Texas, Austin Division; No. A-02-CA-141 SS. Dear Counsel: I am informing you that I am sending a document bates stamped DIN101808, a copy of which I have attached for your convenience, to David Rolewick, attorney for the First National Bank of Brookfield, Illinois who will provide this document to the president of the First National Bank of Brookfield. The president of this bank is a potential witness about whether the events described in this document, in fact, occurred. This document was among the many designated Attorneys' Eyes Only to which we objected formally by letter on September 9, 2002. According to P8 of the Protective Order entered by Judge Sparks in this lawsuit, if Digital Insight wished to preserve its designations of these documents after our formal written objection, it was required to file a motion asking the Court to enter an Order preserving its designations within 14 days of receiving our written objection. We have not received notice of any such motion having been filed. Under the terms of the Protective Order, failure to file this motion constituted a termination of the restricted status of the documents to which we objected. Even though this document is now undesignated under the terms of the Protective Order, we are informing you, as a courtesy, of our use of it in this litigation. Feel free to call me if you have questions. Yours sincerely, GEORGE & DONALDSON, L.L.P. By Nanneska N. Hazel cc: Peter Nolan/Stewart Whitehead Jonathan Dorton/John Teets [Fax cover sheet from George & Donaldson, L.L.P., to Barry K. Bishop at Clark, Thomas & Winters and Aaron C. Gundzik at Cotton & Gundzik, L.L.P. from Nan Hazel at G&D. The subject is "FundsXpress/DI", the date is 30 September 2002. There is a warning at the bottom of the page to the effect that this fax is covered by the work product privilege and the attorney-client privilege.] [Fax result page for faxing to 474-1129, and 213-623-6699, transmittal timestamped 1 October 2002, 8:52 AM. There are multiple busy signal errors and one no-answer error for 474-1129. The status for 213-623-6699 was successful.] [Fax result page for faxing to 474-1129 timestamped 1 October 2002, 10:09 AM. The status was successful.]