Twitter, Inc. v. Skootle Corp. et al
Filing
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Statement Joint Statement Regarding Discovery Issues by Twitter, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Graves, Charles) (Filed on 10/26/2012)
Exhibit 1
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COLT / WALLERSTEIN LLP
Doug Colt (Bar No. 210915)
dcolt@coltwallerstein.com
Thomas E. Wallerstein (Bar No. 232086)
twallerstein@coltwallerstein.com
Nicole M. Norris (Bar No. 222785)
nnorris@coltwallerstein.com
Shorebreeze II
255 Shoreline Drive, Suite 540
Redwood Shores, California 94065
Telephone:
(650) 453-1980
Facsimile:
(650) 453-2411
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Attorneys for Skootle Corp. and James Kester
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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TWITTER, INC., a Delaware corporation,
CASE NO. 3:12-CV-1721 SI
SKOOTLE CORP.’S RESPONSES AND
OBJECTIONS TO TWITTER’S
INTERROGATORIES [SET ONE]
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Plaintiff,
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v.
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SKOOTLE, CORP., a Tennessee corporation;
and JAMES KESTER, an individual
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Filing Date:
Trial Date:
April 5, 2012
NONE SET
Defendants.
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PROPOUNDING PARTY:
TWITTER, INC.
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RESPONDING PARTY:
SKOOTLE CORP.
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SET NUMBER:
ONE (1)
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SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NO. 3:12-CV-1721 SI
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Defendant Skootle Corp. (“Skootle”) hereby responds and objects to Plaintiff Twitter, Inc.’s
(“Twitter”) Interrogatories, Set Number One, as follows:
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GENERAL OBJECTIONS
Each of Skootle’s responses herein, in addition to any specifically stated objections, is subject
to and incorporates the following general objections:
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Skootle objects to each of the interrogatories and the definitions to the extent they
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purport to impose obligations greater or more extensive than those required by the Federal Rules of
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Civil Procedure, the Local Rules of the United States District Court – Northern District of California,
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or other applicable law.
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2.
Skootle objects to each of the interrogatories and definitions to the extent they purport
to impose a burden of producing documents that cannot be found in the course of a reasonable search.
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Skootle objects to each of the interrogatories to the extent it seeks information that is
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neither relevant to any claim or defense raised in this litigation, nor reasonably calculated to lead to
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the discovery of admissible evidence.
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4.
Skootle objects to each of the interrogatories to the extent it is unreasonably
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cumulative or duplicative of other discovery requests, or seeks documents that are obtainable from
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some other source that is more convenient, less burdensome, or less expensive.
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5.
Skootle objects to each of the interrogatories to the extent it is overbroad, harassing,
oppressive, or unduly burdensome.
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Skootle objects to each of the interrogatories to the extent it seeks information for
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which the burden or expense of obtaining and disclosing outweighs its likely benefit in resolving the
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issues of this action.
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7.
Skootle objects to each of the interrogatories to the extent it fails to describe with
reasonable particularity the information requested.
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Skootle objects to each of the interrogatories to the extent it seeks information that is
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protected from production by the attorney-client privilege, work product immunity, and/or any other
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privilege, immunity, or exemption.
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9.
Skootle objects to each of the interrogatories to the extent it is vague or ambiguous.
-1SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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10.
Skootle objects to each of the interrogatories to the extent it seeks information that is
subject to confidentiality agreements with third parties.
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Skootle objects to each of the interrogatories to the extent it seeks information not in
Skootle’s possession, custody, or control.
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Skootle objects to each of the interrogatories on the grounds that discovery is
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continuing in this action and Skootle has not completed its factual investigation. Accordingly,
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without asserting an obligation to do so, and without waiving its objections, Skootle reserves the right
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to amend and/or supplement its responses if and when additional facts or documents are discovered.
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Additionally, as Skootle’s responses are based on facts and documents that Skootle has identified to
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date, they do not preclude Skootle from later relying on facts or documents discovered or generated
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pursuant to subsequent investigation or discovery.
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13.
Skootle’s responses are made without prejudice to its right to subsequently add to,
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modify, or otherwise change or amend these responses and objections. Furthermore, Skootle
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specifically reserves the right to (i) introduce at trial other information, documents, or things that it
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may discover or upon which it may come to rely; (ii) revise, correct, supplement, or clarify any of its
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written responses at any time; and (iii) use at trial information, documents, or things that he may later
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determine to have been responsive to the requests.
RESPONSES TO INTERROGATORIES
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INTERROGATORY NO. 1:
Identify each and every date on which Skootle or any of its owners, executives, directors,
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managers, officers or employees created a Twitter account.
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RESPONSE TO INTERROGATORY NO. 1:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) seeks information outside
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Skootle’s possession, custody or control; and (2) seeks information irrelevant to the claims and
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defenses at issue in this action and is not reasonably calculated to lead to the discovery of admissible
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evidence.
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-2SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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Subject to and without waiver of the foregoing general and specific objections, Skootle,
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responding with respect to itself alone as it relates to the TweetAdder software responds as follows:
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Skootle opened a Twitter account on or about April or May 2009.
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INTERROGATORY NO. 2:
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Identify, by user name preceded by the @ symbol, each and every Twitter account opened by,
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for, or on behalf of, or at the direction of Skootle or any of its owners, executives, directors,
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managers, officers or employees.
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RESPONSE TO INTERROGATORY NO. 2:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) is overbroad and unduly
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burdensome; (2) seeks information outside Skootle’s possession, custody or control; and (3) seeks
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information irrelevant to the claims and defenses at issue in this action and is not reasonably
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calculated to lead to the discovery of admissible evidence.
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Subject to and without waiver of the foregoing general and specific objections, Skootle,
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responding with respect to itself alone as it relates to the TweetAdder software responds as follows:
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@tweetadder.
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INTERROGATORY NO. 3:
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Identify, by name, each and every current and former full-time, part-time, or temporary
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employee, independent contractor, consultant, executive, manager, officer, owner, and/or member of
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the board of directors of Skootle.
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RESPONSE TO INTERROGATORY NO. 3:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) seeks information irrelevant
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to the claims and defenses at issue in this action and is not reasonably calculated to lead to the
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discovery of admissible evidence.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
responds as follows: James Kester, Troy Fales, Amanda Kester, Rachel Dessart Jones, Robert Jung.
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-3SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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INTERROGATORY NO. 4:
Identify the material terms and effective date of each and every version of the Twitter Terms
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of Service to which Skootle contends it agreed.
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RESPONSE TO INTERROGATORY NO. 4:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) assumes Skootle contends it
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agreed to any version of the Twitter Terms of Service; (2) is vague and ambiguous as to the definition
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of the terms “material terms” and “effective date;” and (3) calls for a legal conclusion.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: Skootle opened a Twitter account on or about April or May 2009 and agreed to
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any terms of service in place at that time.
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INTERROGATORY NO. 5:
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Identify, with precision and specificity, the name, version number, and release date of each
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and every version of the TweetAdder software ever marketed, sold, licensed, leased, distributed,
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disseminated, or offered for sale, license, lease, distribution, or dissemination.
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RESPONSE TO INTERROGATORY NO. 5:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it is vague and ambiguous as to
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the definition of the term “precision and specificity.”
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Subject to and without waiver of the foregoing general objections, Skootle responds as
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follows: There are no names, version numbers, or release dates for any version of the TweetAdder
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software. Any changes to the TweetAdder software are made directly to the source code. Skootle
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does not keep records of when or what changes are made to the TweetAdder software.
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INTERROGATORY NO. 6:
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Identify with precision and specificity the means by which the TweetAdder software is
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designed to access the Twitter service, including whether or not such means make use of Twitter’s
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Application Programming Interface and OAuth authentication protocol.
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-4SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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RESPONSE TO INTERROGATORY NO. 6:
In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as
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to the definition of the term “precision and specificity;” and (2) seeks information not in Skootle’s
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possession, custody, or control.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: Skootle is without sufficient knowledge or information to respond to this
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interrogatory at this time. Skootle reserves his right to modify or amend this response as his
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investigation continues.
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INTERROGATORY NO. 7:
Identify, with precision and specificity, the first date on which James Kester visited
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twitter.com
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INTERROGATORY NO. 7:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as
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to the definition of the term “precision and specificity;” (2) seeks information irrelevant to the claims
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and defenses in this case and is not reasonably calculated to lead to the discovery of admissible
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evidence; and (3) seeks information outside Skootle’s possession, custody, or control.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: On or before March 2009.
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INTERROGATORY NO. 8:
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Identify every person who planned, programmed, contributed code to, or otherwise developed
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the software for any version of the TweetAdder software.
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RESPONSE TO INTERROGATORY NO. 8:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it is vague and ambiguous as to
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the definition of the term “planned.”
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-5SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: James Kester and Troy Fales.
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INTERROGATORY NO. 9:
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Identify, with precision and specificity, the date on which the “scheduled Tweets” feature of
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the TweetAdder software was first included in any version of the TweetAdder software.
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RESPONSE TO INTERROGATORY NO. 9:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as
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to the definition of the term “precision and specificity;” and (2) seeks information irrelevant to the
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claims and defenses in this case and is not reasonably calculated to lead to the discovery of
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admissible evidence.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: The “scheduled Tweets” feature has always been a part of the TweetAdder
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software beginning with its release on or about May 28, 2009.
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INTERROGATORY NO. 10:
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Identify, with precision and specificity, the date on which the “automatic follow back” feature
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of the TweetAdder software was first included in any version of the TweetAdder software.
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RESPONSE TO INTERROGATORY NO. 10:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as
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to the definition of the term “precision and specificity;” and (2) seeks information irrelevant to the
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claims and defenses in this case and is not reasonably calculated to lead to the discovery of
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admissible evidence.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: The “automatic follow back” feature has always been a part of the TweetAdder
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software beginning with its release on or about May 28, 2009.
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-6SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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INTERROGATORY NO. 11:
Identify, with precision and specificity, the date on which the “automatic un-follow” feature
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of the TweetAdder software was first included in any version of the TweetAdder software.
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RESPONSE TO INTERROGATORY NO. 11:
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In addition to the foregoing general objections, which are expressly incorporated herein,
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Skootle objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as
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to the definition of the term “precision and specificity;” and (2) seeks information irrelevant to the
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claims and defenses in this case and is not reasonably calculated to lead to the discovery of
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admissible evidence.
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Subject to and without waiver of the foregoing general and specific objections, Skootle
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responds as follows: The “automatic un-follow” feature has always been a part of the TweetAdder
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software beginning with its release on or about May 28, 2009.
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Date: September 14, 2012
COLT / WALLERSTEIN LLP
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By:_____ __________________________
Doug Colt
Thomas E. Wallerstein
Nicole M. Norris
Attorneys for Skootle Corp. and James Kester
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-7SKOOTLE’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI
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