Twitter, Inc. v. Skootle Corp. et al

Filing 65

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 2

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COLT / WALLERSTEIN LLP
Doug Colt (Bar No. 210915)
[e-mail]
Thomas E. Wallerstein (Bar No. 232086)
[e-mail]
Nicole M. Norris (Bar No. 222785)
[e-mail]
Shorebreeze II
255 Shoreline Drive, Suite 540
Redwood Shores, California 94065
Telephone:
[phone]
Facsimile:
[phone]

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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
JAMES KESTER’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:

JAMES KESTER

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SET NUMBER:

ONE (1)

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JAMES KESTER’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NO. 3:12-CV-1721 SI

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Defendant James Kester (“Mr. Kester”) hereby responds and objects to Plaintiff Twitter,
Inc.’s (“Twitter”) Interrogatories, Set Number One, as follows:

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GENERAL OBJECTIONS
Each of Mr. Kester’s responses herein, in addition to any specifically stated objections, is
subject to and incorporates the following general objections:
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Mr. Kester 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.

Mr. Kester objects to each of the interrogatories and definitions to the extent they

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purport to impose a burden of producing documents that cannot be found in the course of a

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reasonable search.

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3.

Mr. Kester objects to each of the interrogatories to the extent it seeks information that

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is 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.

Mr. Kester 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.

Mr. Kester objects to each of the interrogatories to the extent it is overbroad,

harassing, oppressive, or unduly burdensome.
6.

Mr. Kester 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.

Mr. Kester objects to each of the interrogatories to the extent it fails to describe with

reasonable particularity the information requested.
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Mr. Kester objects to each of the interrogatories to the extent it seeks information that

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is protected from production by the attorney-client privilege, work product immunity, and/or any

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other privilege, immunity, or exemption.
-1JAMES KESTER’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI

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9.

Mr. Kester objects to each of the interrogatories to the extent it is vague or ambiguous.

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10.

Mr. Kester objects to each of the interrogatories to the extent it seeks information that

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is subject to confidentiality agreements with third parties.
11.

Mr. Kester objects to each of the interrogatories to the extent it seeks information not

in Mr. Kester’s possession, custody, or control.
12.

Mr. Kester objects to each of the interrogatories on the grounds that discovery is

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continuing in this action and Mr. Kester has not completed his factual investigation. Accordingly,

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without asserting an obligation to do so, and without waiving his objections, Mr. Kester reserves the

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right to amend and/or supplement his responses if and when additional facts or documents are

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discovered. Additionally, as Mr. Kester’s responses are based on facts and documents that Mr.

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Kester has identified to date, they do not preclude Mr. Kester from later relying on facts or

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documents discovered or generated pursuant to subsequent investigation or discovery.

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Mr. Kester’s responses are made without prejudice to his right to subsequently add to,

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modify, or otherwise change or amend these responses and objections. Furthermore, Mr. Kester

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specifically reserves the right to (i) introduce at trial other information, documents, or things that he

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may discover or upon which he may come to rely; (ii) revise, correct, supplement, or clarify any of

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his written responses at any time; and (iii) use at trial information, documents, or things that he may

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later 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 Kester or any of his employees created a Twitter

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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, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) seeks information outside

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Mr. Kester’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.
-2JAMES KESTER’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, Mr. Kester,

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responding with respect to himself alone, responds as follows: Mr. Kester opened a Twitter account

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on or about March 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 Kester or any of his 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,
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 Mr. Kester’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, Mr. Kester

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responds as follows: @kesjam.

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INTERROGATORY NO. 3:

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Identify the material terms and effective date of each and every version of the Twitter Terms

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of Service to which Kester contends he agreed.

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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, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) assumes Mr. Kester contends

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he agreed to any version of the Twitter Terms of Service; (2) is vague and ambiguous as to the

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definition of the term “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, Mr. Kester

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responds as follows: Mr. Kester opened a Twitter account on or about March 2009 and agreed to any

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terms of service in place at that time.

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-3JAMES KESTER’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, 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. 4:

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In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it is vague and ambiguous as to the

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definition of the term “precision and specificity.”

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Subject to and without waiver of the foregoing general objections, Mr. Kester 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. Mr. Kester

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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. 5:

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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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RESPONSE TO INTERROGATORY NO. 5:

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In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as to

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the definition of the term “precision and specificity;” and (2) seeks information not in Mr. Kester’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, Mr. Kester

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responds as follows: Discovery is ongoing. Mr. Kester is without sufficient knowledge or

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information to respond to this interrogatory at this time. Mr. Kester reserves his right to modify or

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amend this response as his investigation continues.

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INTERROGATORY NO. 6:

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Identify, with precision and specificity, the first date on which James Kester visited
twitter.com
-4JAMES KESTER’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, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as to

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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, Mr. Kester

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responds as follows: On or before March 2009.

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INTERROGATORY NO. 7:

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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. 7:

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In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it is vague and ambiguous as to the

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definition of the term “planned.”

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Subject to and without waiver of the foregoing general and specific objections, Mr. Kester

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responds as follows: James Kester and Troy Fales.

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INTERROGATORY NO. 8:

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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. 8:

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In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as to

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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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-5JAMES KESTER’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, Mr. Kester

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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. 9:

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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. 9:

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In addition to the foregoing general objections, which are expressly incorporated herein, Mr.
Kester objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as to

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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, Mr. Kester

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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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INTERROGATORY NO. 10:

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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. 10:

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In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is vague and ambiguous as to

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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, Mr. Kester

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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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-6JAMES KESTER’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI

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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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-7JAMES KESTER’S RESPONSES AND OBJECTIONS TO TWITTER’S INTERROGATORIES [SET ONE]
CASE NUMBER 3:12-CV-1721 SI