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 3

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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,

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SKOOTLE CORP.’S RESPONSES AND
OBJECTIONS TO TWITTER’S
REQUEST FOR PRODUCTION OF
DOCUMENTS [SET ONE]

Plaintiff,

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v.

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CASE NO. 3:12-CV-1721 SI

SKOOTLE CORP., a Tennessee corporation;
and JAMES KESTER, an individual,

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Filing Date:
Trial Date:

Defendants.

April 5, 2012
NONE SET

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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 REQUEST FOR PRODUCTION OF DOCUMENTS
[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”) Request for Production of Documents, 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:
1.

Skootle objects to each of the requests and the definitions to the extent they purport to

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impose obligations greater or more extensive than those required by the Federal Rules of Civil

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Procedure, the Local Rules of the United States District Court – Northern District of California, or

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other applicable law.

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2.

Skootle objects to each of the requests 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.
3.

Skootle objects to each of the requests to the extent it seeks documents that are neither

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relevant to any claim or defense raised in this litigation, nor reasonably calculated to lead to the

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discovery of admissible evidence.

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4.

Skootle objects to each of the requests to the extent it is unreasonably cumulative or

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duplicative of other discovery requests, or seeks documents that are obtainable from some other

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source that is more convenient, less burdensome, or less expensive.

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5.

Skootle objects to each of the requests to the extent it is overbroad, harassing,

oppressive, or unduly burdensome.
6.

Skootle objects to each of the requests to the extent it seeks documents for which the

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burden or expense of obtaining and disclosing outweighs its likely benefit in resolving the issues of

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this action.

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7.

Skootle objects to each of the requests to the extent it fails to describe with reasonable

particularity the documents requested.
8.

Skootle objects to each of the requests to the extent it seeks documents that are

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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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CASE NO. 3:12-CV-1721 SI

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9.

Skootle objects to each of the requests to the extent it is vague or ambiguous.

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10.

Skootle objects to each of the requests to the extent it seeks documents that are subject

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to confidentiality agreements with third parties.
11.

Skootle objects to each of the requests to the extent it seeks documents not in

Skootle’s possession, custody, or control.
12.

Skootle’s objection to the production of any document, or category of documents, or

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agreement to provide any responsive documents, is not and shall not be construed as an admission

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that any such documents or category of documents exists.

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13.

Skootle objects to each of the requests on the grounds that discovery is continuing in

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this action and Skootle has not completed its factual investigation. Accordingly, without asserting an

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obligation to do so, and without waiving its objections, Skootle reserves the right to amend and/or

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supplement its responses if and when additional facts or documents are discovered. Additionally, as

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Skootle’s responses are based on facts and documents that Skootle has identified to date, they do not

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preclude Skootle from later relying on facts or documents discovered or generated pursuant to

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subsequent investigation or discovery.

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14.

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.

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RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO. 1:
A copy of the complete source code, in source code (human readable) format, for each version

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of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION 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) is overbroad and unduly

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burdensome; and (2) seeks disclosure of document not in 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: Skootle is not in possession, custody, or control of the source code for the

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TweetAdder Software.

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REQUEST FOR PRODUCTION NO. 2:

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An operational copy of each version of the TweetAdder Software, including the executable

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file and any and all other files necessary for a user to successfully operate each such version of the

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TweetAdder Software from a personal computer.

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RESPONSE TO REQUEST FOR PRODUCTION 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; and (2) seeks information that is irrelevant to the claims and defenses at issue in this

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case and not reasonably 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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responds as follows: Skootle will produce an operational copy of the latest version of the

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TweetAdder Software.

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REQUEST FOR PRODUCTION NO. 3:

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Documents sufficient to show the ownership, corporate organization, and management of
Skootle.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 3:
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 irrelevant to the claims

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and defenses at issue in this case and not reasonably calculated to lead to the discovery of admissible

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evidence; and (2) seeks information protected from disclosure by the attorney-client privilege and/or

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the attorney work-product doctrine.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 4:
Documents sufficient to identify the names, dates of employ or agency, and known addresses

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and other contact information of all past and present employees, officers, executives, directors,

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independent contractors, and consultants of Skootle.

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RESPONSE TO REQUEST FOR PRODUCTION 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) is irrelevant to the claims

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and defenses at issue in this case and not reasonably calculated to lead to the discovery of admissible

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evidence; (2) overbroad and unduly burdensome; and (3) is vague and ambiguous as to the definition

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of the term “identify.”

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search to

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the extent they relate to Skootle’s TweetAdder Software.

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REQUEST FOR PRODUCTION NO. 5:

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Documents sufficient to identify all providers of hosting services for the Internet domains
tweetadder.com, tweetadder.freshdesk.com, and skootle.com.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
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 compound; (2) is vague

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and ambiguous as to the definition of the term “identify;” and (3) is irrelevant to the claims and

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defenses at issue in this case and not reasonably calculated to lead to the discovery of admissible

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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: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 6:
Documents sufficient to show the location and number of all servers owned, licensed, leased,

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or controlled by Skootle.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 6:

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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 irrelevant to the claims

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and defenses at issue in this case and not reasonably calculated to lead to the discovery of admissible

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evidence; and (2) is overly broad and unduly burdensome.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search to

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the extent they relate to Skootle’s work with Skootle’s TweetAdder Software.

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REQUEST FOR PRODUCTION NO. 7:

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Documents sufficient to show all versions of each webpage currently or previously posted on

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the tweetadder.com domain.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 7:

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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 overly broad and unduly

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CASE NO. 3:12-CV-1721 SI

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burdensome; and (2) seeks information that is irrelevant to the claims and defenses in this case and

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not reasonably 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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responds as follows: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 8:

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Documents sufficient to show all versions of each webpage currently or previously posted on

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the tweetadder.freshdesk.com domain.

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RESPONSE TO REQUEST FOR PRODUCTION 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 (1) is overly broad and unduly

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burdensome; and (2) seeks information that is irrelevant to the claims and defenses in this case and

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not reasonably 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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responds as follows: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 9:

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Documents sufficient to show all versions of each webpage currently or previously linked

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from the tweetadder.com domain or the tweetadder.freshdesk.com domain that refers or relates to

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TweetAdder.

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RESPONSE TO REQUEST FOR PRODUCTION 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 compound; (2) vague and

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ambiguous as to the definition of the term “currently or previously linked;” (3) is overbroad and

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unduly burdensome; (4) seeks information not within Skootle’s possession, custody or control; and

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(5) seeks information that is irrelevant to the claims and defenses in this case and not reasonably

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calculated to lead to the discovery of admissible evidence.

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CASE NO. 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: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 10:

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Documents sufficient to show all versions of each webpage currently or previously posted on

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the domain skootle.com that refers or relates to TweetAdder.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 10:

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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 compound; (2) vague and

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ambiguous as to the definition of the term “currently or previously posted;” (3) is overbroad and

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unduly burdensome; and (4) seeks information that is irrelevant to the claims and defenses in this

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case and not reasonably 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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responds as follows: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 11:

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All documents and things that relate to any change or changes made since April 5, 2012 to the

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contents, code, existence, or Uniform Resource Locator (URL) of any webpage that was located on

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the tweetadder.com domain as of April 5, 2012

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RESPONSE TO REQUEST FOR PRODUCTION 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) vague and ambiguous as to

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the definition of the term “change or changes made;” (2) is overbroad and unduly burdensome; (3)

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seeks information protected from disclosure by the attorney-client privilege or the attorney work-

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product doctrine; and (4) seeks information irrelevant to the claims and defenses at issue in this case

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and is not reasonably calculated to lead to the discovery of admissible evidence.

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CASE NO. 3:12-CV-1721 SI

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REQUEST FOR PRODUCTION NO. 12:
All documents and things that relate or refer to advertising, marketing, or product information

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concerning the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 12:

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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 “currently or previously linked;” and (2) seeks information protected

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from disclosure by the attorney-client privilege or the attorney work-product doctrine.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 13:

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Documents sufficient to identify all third parties Skootle believes are or have been customers,

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licensees, users, and/or recipients of any version of the TweetAdder Software, including but not

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limited to customer lists.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 13:

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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; and (2) seeks information that is irrelevant to the claims and defenses in this case and

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not reasonably 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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responds as follows: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 14:

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Documents sufficient to show Skootle’s revenues from each version of the TweetAdder
Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 14:

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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 that is

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irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overly broad and unduly burdensome; (3) seeks information

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protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

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and (4) violates Skootle’s rights to privacy under the California constitution and other protections.

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REQUEST FOR PRODUCTION NO. 15:

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All financial statements and tax records prepared by or on behalf of Skootle since January 1,

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2005.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 15:

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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 irrelevant to the claims and defenses at issue in this case and is

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not reasonably calculated to lead to the discovery of admissible evidence; and (3) seeks information

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protected from disclosure by Skootle’s right to privacy under the California constitution and other

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protections.

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REQUEST FOR PRODUCTION NO. 16:

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All documents and things that relate to any change to, or modification of, the TweetAdder

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Software that have been proposed, contemplated, attempted, or implemented since April 5, 2012.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 16:

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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 “change or changes made;” (2) is overbroad and unduly burdensome; (3)

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seeks information protected from disclosure by the attorney-client privilege or the attorney work-

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product doctrine; and (4) seeks information irrelevant to the claims and defenses at issue in this case

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and is not reasonably calculated to lead to the discovery of admissible evidence.

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REQUEST FOR PRODUCTION NO. 17:
Documents sufficient to identify the name, version number, and release date of each and

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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 REQUEST FOR PRODUCTION NO. 17:

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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 overly broad and unduly

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burdensome; and (2) seeks information that is irrelevant to the claims and defenses in this case and

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not reasonably 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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responds as follows: The TweetAdder software does not have different names or version numbers.

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However, Skootle will produce non-privileged documents within its possession, custody, or control,

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if any, that it is able to locate after a reasonable search that identify various changes to the

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TweetAdder software.

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REQUEST FOR PRODUCTION NO. 18

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All communications referring or relating to Twitter.
RESPONSE TO REQUEST FOR PRODUCTION NO. 18:
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 protected from disclosure by the attorney-client privilege or the

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attorney work-product doctrine; and (3) seeks information irrelevant to the claims and defenses at

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issue in this case and is not reasonably 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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responds as follows: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search to

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the extent they are to, from, or of a subject matter that materially concerns Twitter.

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REQUEST FOR PRODUCTION NO. 19:
All communications referring or relating to the Twitter service.
RESPONSE TO REQUEST FOR PRODUCTION NO. 19:
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 protected from disclosure by the attorney-client privilege or the

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attorney work-product doctrine; (3) seeks information irrelevant to the claims and defenses at issue in

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this case and is not reasonably calculated to lead to the discovery of admissible evidence; and (4) is

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duplicative of Request for Production 18, above.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search the

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extent they are to, from, or of a subject matter that materially concerns Twitter.

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REQUEST FOR PRODUCTION NO. 20:

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All communications referring or relating to any version of, or any portion of, the Twitter

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Terms of Service, the Twitter Rules, or Twitter’s Privacy Policy.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 20:

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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 protected

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from disclosure by the attorney-client privilege or the attorney work-product doctrine; and (2) seeks

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information that is irrelevant to the claims and defenses in this case and not reasonably calculated to

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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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responds as follows: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 21:
All communications referring or relating to Twitter’s Application Programming Interface

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(“API”) and/or Twitter’s API documentation.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 21:

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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 seeks information protected

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from disclosure by the attorney-client privilege or the attorney work-product doctrine.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 22:

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All communications between Skootle and any user of any version of the TweetAdder

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Software referring or relating to Twitter’s actual or contemplated policies regarding user conduct on

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Twitter’s service.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 22:

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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 time and scope; (2) assumes facts not in evidence; (3) is vague and ambiguous as to the meaning of

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the term “user conduct;” (4) is overbroad and unduly burdensome; (5) seeks information that is

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irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; and (6) seeks information protected from disclosure by the

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attorney-client privilege and/or the attorney work-product doctrine.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 23:
All communications between Skootle and any past or present user of any version of the

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TweetAdder user that mention both Twitter and the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 23:

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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 and the

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scope of the requested information cannot be determined.

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REQUEST FOR PRODUCTION NO. 24:

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All communications between Skootle and any past or present user of any version of the

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TweetAdder Software that refers or relates to the Twitter API and/or Twitter’s API documentation.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 24:

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

13

Skootle objects to this request on the grounds and to the extent that it (1) is overbroad and unduly

14

burdensome; (2) is vague and ambiguous as to the definition of the term “Twitter’s API

15

documentation;” (3) seeks information that is irrelevant to the claims and defenses in this case and

16

not reasonably calculated to lead to the discovery of admissible evidence; and (4) seeks information

17

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine.

18

Subject to and without waiver of the foregoing general and specific objections, Skootle

19

responds as follows: Skootle will produce all non-privileged documents responsive to this request

20

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

21

REQUEST FOR PRODUCTION NO. 25:

22

All communications between Skootle and any past or present TweetAdder user that refers or

23

relates to suspension of one or more user accounts by Twitter.

24

RESPONSE TO REQUEST FOR PRODUCTION NO. 25:

25

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

26

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

27

to the definition of the term “suspension;” (2) seeks information that is irrelevant to the claims and

28
- 13 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

defenses in this case and not reasonably calculated to lead to the discovery of admissible evidence;

2

and (3) seeks information protected from disclosure by the attorney-client privilege and/or the

3

attorney work-product doctrine.

4

Subject to and without waiver of the foregoing general and specific objections, Skootle

5

responds as follows: Skootle will produce all non-privileged documents responsive to this request

6

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

7

REQUEST FOR PRODUCTION NO. 26:

8
9
10
11

All communications between Skootle and any past or present TweetAdder user that refers or
relates to Twitter’s actual or contemplated disapproval of conduct by TweetAdder users.
RESPONSE TO REQUEST FOR PRODUCTION NO. 26:
In addition to the foregoing general objections, which are expressly incorporated herein,

12

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

13

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

14

discovery of admissible evidence; (2) seeks information protected from disclosure by the attorney-

15

client privilege and/or the attorney work-product doctrine; and (3) is vague and ambiguous as to the

16

definition of the phrase “actual or contemplated disapproval of conduct.”

17

Subject to and without waiver of the foregoing general and specific objections, Skootle

18

responds as follows: Skootle will produce all non-privileged documents responsive to this request

19

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

20

REQUEST FOR PRODUCTION NO. 27:

21

All documents, things, and communications, excepting those protected by the attorney-client

22

privilege, that refer or relate to this lawsuit.

23

RESPONSE TO REQUEST FOR PRODUCTION NO. 27:

24

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

25

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

26

from disclosure by the attorney-client privilege or the attorney work-product doctrine; and (2) seeks

27
28
- 14 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

information irrelevant to the merits of the claims or defenses alleged in this case and is not likely to

2

lead to the discovery of admissible evidence.

3

Subject to and without waiver of the foregoing general and specific objections, Skootle

4

responds as follows: Skootle will produce all non-privileged documents responsive to this request

5

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

6

REQUEST FOR PRODUCTION NO. 28:

7

All communications between Skootle and any third party referring or relating to complaints,

8

concerns, and problems with any version of the TweetAdder Software.

9

RESPONSE TO REQUEST FOR PRODUCTION NO. 28:

10

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

11

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

12

from disclosure by the attorney-client privilege or the attorney work-product doctrine; and (2) seeks

13

information irrelevant to the claims and defenses alleged in this case and is not likely to lead to the

14

discovery of admissible evidence; (3) is overbroad and unduly burdensome; and (4) is vague and

15

ambiguous as to the definition of the term “complaints, concerns, and problems.”

16

Subject to and without waiver of the foregoing general and specific objections, Skootle

17

responds as follows: Skootle will produce all non-privileged documents responsive to this request

18

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

19

REQUEST FOR PRODUCTION NO. 29:

20

All communications between Skootle and any third party, referring or relating to the

21

investigation, suspension, termination of suspension, or termination of any past or present

22

TweetAdder user’s Twitter account or accounts.

23

RESPONSE TO REQUEST FOR PRODUCTION NO. 29:

24

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

25

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

26

from disclosure by the attorney-client privilege or the attorney work-product doctrine; (2) is

27

compound; and (3) is vague and ambiguous as to the definition of the term “suspension.”

28
- 15 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4

REQUEST FOR PRODUCTION NO. 30:

5

All documents, things and communications that refer or relate to the means by which any

6

version of the TweetAdder Software has accessed the Twitter service.

7

RESPONSE TO REQUEST FOR PRODUCTION NO. 30:

8
9

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) seeks information protected

10

from disclosure by the attorney-client privilege or the attorney work-product doctrine; (2) seeks

11

information that is irrelevant to the claims and defenses in this case and not reasonably calculated to

12

lead to the discovery of admissible evidence; and (3) is overbroad and unduly burdensome.

13

Subject to and without waiver of the foregoing general and specific objections, Skootle

14

responds as follows: Skootle will produce all non-privileged documents responsive to this request

15

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

16

REQUEST FOR PRODUCTION NO. 31:

17

All documents, things and communications that refer or relate to any contemplated means by

18

which the TweetAdder Software might access the Twitter service.

19

RESPONSE TO REQUEST FOR PRODUCTION NO. 31:

20

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

21

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

22

to the definition of the term “contemplated;” and (2) seeks information protected from disclosure by

23

the attorney-client privilege and/or the attorney work-product doctrine.

24

Subject to and without waiver of the foregoing general and specific objections, Skootle

25

responds as follows: Skootle will produce all non-privileged documents responsive to this request

26

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

27
28
- 16 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1
2

REQUEST FOR PRODUCTION NO. 32:
All documents, things and communications that refer or relate to passwords by which users

3

access the Twitter service.

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 32:

5

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

6

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

7

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

8

discovery of admissible evidence; and (2) is vague and ambiguous as to the definition of the term

9

“passwords.”

10

Subject to and without waiver of the foregoing general and specific objections, Skootle

11

responds as follows: Skootle will produce all non-privileged documents responsive to this request

12

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

13

REQUEST FOR PRODUCTION NO. 33:

14

All documents, things and communications that refer or relate to any version of Twitter’s

15

OAuth authentication protocol.

16

RESPONSE TO REQUEST FOR PRODUCTION NO. 33:

17

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

18

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

19

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

20

discovery of admissible evidence; (2) seeks information protected from disclosure by the attorney-

21

client privilege and/or the attorney work-product doctrine; and (3) is overly broad and unduly

22

burdensome.

23

Subject to and without waiver of the foregoing general and specific objections, Skootle

24

responds as follows: Skootle will produce all non-privileged documents responsive to this request

25

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

26
27
28
- 17 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1
2

REQUEST FOR PRODUCTION NO. 34:
All documents, things and communications relating or referring to the number of Tweets and

3

direct messages a TweetAdder user can send per day on Twitter from a single Twitter account.

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 34:

5

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

6

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

7

from disclosure by the attorney-client privilege and/or the attorney work-product doctrine; and (2) is

8

vague and ambiguous as to the definition of the term “direct message.”

9

Subject to and without waiver of the foregoing general and specific objections, Skootle

10

responds as follows: Skootle will produce all non-privileged documents responsive to this request

11

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

12

REQUEST FOR PRODUCTION NO. 35:

13

All documents, things and communications relating or referring to the number of Twitter

14

users a TweetAdder user can follow per day on Twitter from a single Twitter account.

15

RESPONSE TO REQUEST FOR PRODUCTION NO. 35:

16

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

17

Skootle objects to this request on the grounds and to the extent that it seeks information protected

18

from disclosure by the attorney-client privilege and/or the attorney work-product doctrine.

19

Subject to and without waiver of the foregoing general and specific objections, Skootle

20

responds as follows: Skootle will produce all non-privileged documents responsive to this request

21

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

22
23
24
25

REQUEST FOR PRODUCTION NO. 36:
All documents, things and communications that refer or relate to unfollowing one or more
Twitter users.

26
27
28
- 18 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1
2

RESPONSE TO REQUEST FOR PRODUCTION NO. 36:
In addition to the foregoing general objections, which are expressly incorporated herein,

3

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

4

from disclosure by the attorney-client privilege and/or the attorney work-product doctrine; and (2) is

5

compound.

6

Subject to and without waiver of the foregoing general and specific objections, Skootle

7

responds as follows: Skootle will produce all non-privileged documents responsive to this request

8

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

9

REQUEST FOR PRODUCTION NO. 37:

10

All documents, things and communications that refer or relate to Skootle’s contention in

11

Paragraph 26 of its Answer that a Twitter account is not necessary to access Twitter.

12

RESPONSE TO REQUEST FOR PRODUCTION NO. 37:

13

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

14

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

15

from disclosure by the attorney-client privilege and/or the attorney work-product doctrine; and (2)

16

seeks information not in Skootle’s possession, custody, or control.

17

Subject to and without waiver of the foregoing general and specific objections, Skootle

18

responds as follows: Skootle will produce all non-privileged documents responsive to this request

19

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

20

REQUEST FOR PRODUCTION NO. 38:

21

All documents, things and communications that refer or relate to any Twitter account opened

22

by, for, or on behalf of, or at the direction of Skootle and/or any Skootle owner, executive, officer,

23

director, or employee.

24

RESPONSE TO REQUEST FOR PRODUCTION NO. 38:

25

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

26

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

27

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

28
- 19 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

discovery of admissible evidence; (2) seeks information not in Skootle’s possession, custody, or

2

control; and (3) seeks information protected from disclosure by the attorney-client privilege and/or

3

the attorney work-product doctrine.

4

Subject to and without waiver of the foregoing general and specific objections, Skootle

5

responds as follows: Skootle will produce all non-privileged documents responsive to this request

6

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

7

REQUEST FOR PRODUCTION NO. 39:

8
9
10
11

All documents and things relating or referring to Skootle’s agreement to any version of the
Twitter Terms of Service in or since 2009.
RESPONSE TO REQUEST FOR PRODUCTION NO. 39:
In addition to the foregoing general objections, which are expressly incorporated herein,

12

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

13

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

14

discovery of admissible evidence; and (2) seeks information protected from disclosure by the

15

attorney-client privilege and/or the attorney work-product doctrine.

16

Subject to and without waiver of the foregoing general and specific objections, Skootle

17

responds as follows: Skootle will produce all non-privileged documents responsive to this request

18

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

19

REQUEST FOR PRODUCTION NO. 40:

20

All documents and things relating or referring to Skootle’s ownership of the domain

21

www.tweetadder.com.

22

RESPONSE TO REQUEST FOR PRODUCTION NO. 40:

23

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

24

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

25

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

26

discovery of admissible evidence; and (2) seeks information protected from disclosure by the

27

attorney-client privilege and/or the attorney work-product doctrine.

28
- 20 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4

REQUEST FOR PRODUCTION NO. 41:

5

All documents and things relating or referring to the awareness of any Skootle owner,

6

executive, officer, director, or employee of the Twitter Terms of Service.

7

RESPONSE TO REQUEST FOR PRODUCTION NO. 41:

8
9

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) seeks information that is

10

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

11

discovery of admissible evidence; (2) seeks information protected from disclosure by the attorney-

12

client privilege and/or the attorney work-product doctrine; and (3) seeks information not in Skootle’s

13

possession, custody, or control.

14

Subject to and without waiver of the foregoing general and specific objections, Skootle

15

responds as follows: Skootle will produce all non-privileged documents responsive to this request

16

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

17

REQUEST FOR PRODUCTION NO. 42:

18

All documents, things and communications that refer or relate to any feature or any version of

19

the TweetAdder Software the use of which Skootle contends does not breach the Twitter Terms of

20

Service.

21

RESPONSE TO REQUEST FOR PRODUCTION NO. 42:

22

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

23

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

24

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

25

discovery of admissible evidence; (2) is overbroad and unduly burdensome; and (3) seeks

26

information protected from disclosure by the attorney-client privilege and/or the attorney work-

27

product doctrine.

28
- 21 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4

REQUEST FOR PRODUCTION NO. 43:

5

All communications referring or relating to Skootle’s belief (as set forth in Paragraph 87 of its

6

Answer) that he complied, partially complied, or substantially complied with the Twitter Terms of

7

Service, the Twitter Rules, and/or the Twitter Privacy Policy.

8

RESPONSE TO REQUEST FOR PRODUCTION NO. 43:

9

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

10

Skootle objects to this request on the grounds and to the extent that it seeks information protected

11

from disclosure by the attorney-client privilege and/or the attorney work-product doctrine.

12

Subject to and without waiver of the foregoing general and specific objections, Skootle

13

responds as follows: Skootle will produce all non-privileged documents responsive to this request

14

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

15

REQUEST FOR PRODUCTION NO. 44:

16

All documents, things and communications that refer or relate Plaintiff’s assertion (on Page 2

17

of its Answer) that in order to receive a Tweet or direct message that originated from TweetAdder, a

18

Twitter user must be either following a TweetAdder user’s Twitter account or must have posted an

19

@mention of the TweetAdder user.

20

RESPONSE TO REQUEST FOR PRODUCTION NO. 44:

21

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

22

Skootle objects to this request on the grounds and to the extent that it relates to Plaintiff Twitter and

23

not Skootle. For the purposes of this response, Skootle assumes Twitter meant to inquire about

24

Skootle’s assertion (on Page 2 of his Answer) that in order to receive a Tweet or direct message that

25

originated from TweetAdder, a Twitter user must be either following a TweetAdder user’s Twitter

26

account or must have posted an @mention of the TweetAdder user. Skootle further objects to this

27
28
- 22 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

request on the grounds and to the extent that it seeks information protected from disclosure by the

2

attorney-client privilege and/or the attorney work-product doctrine.

3

Subject to and without waiver of the foregoing general and specific objections, Skootle

4

responds as follows: Skootle will produce all non-privileged documents responsive to this request

5

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

6

REQUEST FOR PRODUCTION NO. 45:

7

Documents sufficient to show all Twitter user activities that the TweetAdder Software can

8

automate.

9

RESPONSE TO REQUEST FOR PRODUCTION NO. 45:

10

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

11

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

12

to the definition of the term “automate.”

13

Subject to and without waiver of the foregoing general and specific objections, Skootle

14

responds as follows: Skootle will provide a list of all Twitter user activities that the TweetAdder

15

Software can automate.

16

REQUEST FOR PRODUCTION NO. 46:

17

All documents, things and communications that refer or relate to any automation feature or

18

capability of any version of the TweetAdder Software.

19

RESPONSE TO REQUEST FOR PRODUCTION NO. 46:

20

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

21

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

22

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

23

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

24

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

25

and (4) is vague and ambiguous as to the definition of the term “automation.”

26
27
28
- 23 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4

REQUEST FOR PRODUCTION NO. 47:

5

All documents, things or communications that refer or relate to any scheduling feature,

6

functionality or capability of any version of the TweetAdder Software.

7

RESPONSE TO REQUEST FOR PRODUCTION NO. 47:

8
9

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) seeks information that is

10

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

11

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

12

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

13

and (4) is vague and ambiguous as to the definition of the term “scheduling feature.”

14

Subject to and without waiver of the foregoing general and specific objections, Skootle

15

responds as follows: Skootle will produce all non-privileged documents responsive to this request

16

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

17

REQUEST FOR PRODUCTION NO. 48:

18

All documents, things or communications that refer or relate to any feature, functionality, or

19

capability of any version of the TweetAdder Software that enables a TweetAdder user to search for,

20

locate, and/or find another Twitter user.

21

RESPONSE TO REQUEST FOR PRODUCTION NO. 48:

22

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

23

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

24

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

25

discovery of admissible evidence; (2) is overbroad and unduly burdensome; and (3) seeks

26

information protected from disclosure by the attorney-client privilege and/or the attorney work-

27

product doctrine.

28
- 24 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4

REQUEST FOR PRODUCTION NO. 49:

5

Documents sufficient to show any search-related feature, functionality, or capability of any

6

version of the TweetAdder Software.

7

RESPONSE TO REQUEST FOR PRODUCTION NO. 49:

8
9

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) seeks information that is

10

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

11

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

12

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

13

and (4) is vague and ambiguous as to the definition of the term “search-related feature.”

14

Subject to and without waiver of the foregoing general and specific objections, Skootle

15

responds as follows: Skootle will produce all non-privileged documents responsive to this request

16

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

17

REQUEST FOR PRODUCTION NO. 50:

18

All documents, things or communications that refer or relate to the exclusion of any feature,

19

functionality, or capability from any version of the TweetAdder Software.

20

RESPONSE TO REQUEST FOR PRODUCTION NO. 50:

21

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

22

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

23

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

24

discovery of admissible evidence; (2) is overbroad and unduly burdensome; and (3) seeks

25

information protected from disclosure by the attorney-client privilege and/or the attorney work-

26

product doctrine.

27
28
- 25 SKOOTLE CORP.’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
ONE]
CASE NO. 3:12-CV-1721 SI

1

Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4

REQUEST FOR PRODUCTION NO. 51:

5

All documents, things or communications that refer or relate to the exclusion or removal of

6

any feature, functionality, or capability from any version of the TweetAdder Software.

7

RESPONSE TO REQUEST FOR PRODUCTION NO. 51:

8
9

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) seeks information that is

10

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

11

discovery of admissible evidence; (2) is overbroad and unduly burdensome; and (3) seeks

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information protected from disclosure by the attorney-client privilege and/or the attorney work-

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product doctrine.

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 52:

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All documents, things or communications that refer or relate to any account creation feature,

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functionality, or capability in connection with any version of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 52:

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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 that is

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irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

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protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

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and (4) is vague and ambiguous as to the definition of the term “account creation feature.”

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 53:

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All documents, things or communications that refer or relate to any profile creation feature,

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functionality, or capability in connection with any version of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 53:

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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) seeks information that is

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irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

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protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

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and (4) is vague and ambiguous as to the definition of the term “profile creation feature.”

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 54:

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All documents, things or communications that refer or relate to any profile editing feature,

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functionality, or capability in connection with any version of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 54:

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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 that is

23

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

24

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

25

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

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and (4) is vague and ambiguous as to the definition of the term “profile editing feature.”

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CASE NO. 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: Skootle will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 55:

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All documents, things or communications that refer or relate to any profile uploading or

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profile importing feature, functionality, or capability in connection with any version of the

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TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 55:

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

10

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

11

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

12

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

13

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

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and (4) vague and ambiguous as to the definition of the term “profile uploading or profile importing

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feature.”

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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 will produce all non-privileged documents responsive to this request

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within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 56:

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All documents, things or communications that refer or relate to any profile settings feature,

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functionality, or capability in connection with any version of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 56:

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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 that is

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irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

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protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

2

and (4) vague and ambiguous with respect to the definition of the term “profile settings feature.”

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Subject to and without waiver of the foregoing general and specific objections, Skootle

4

responds as follows: Skootle will produce all non-privileged documents responsive to this request

5

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 57:

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All documents, things or communications that refer or relate to any follow, “follow back,” or

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unfollow feature, functionality, or capability in connection with any version of the TweetAdder

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Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 57:
In addition to the foregoing general objections, which are expressly incorporated herein,

12

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

13

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

14

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

15

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

16

(4) is compound; and (5) is vague and ambiguous as to the definition of the term “follow back.”

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Subject to and without waiver of the foregoing general and specific objections, Skootle

18

responds as follows: Skootle will produce all non-privileged documents responsive to this request

19

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 58:

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All documents, things or communications that refer or relate to any account creation feature,

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functionality, or capability in connection with any version of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 58:

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

25

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

26

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

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protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

2

and (4) is vague and ambiguous as to the definition of the term “account creation feature.”

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Subject to and without waiver of the foregoing general and specific objections, Skootle

4

responds as follows: Skootle will produce all non-privileged documents responsive to this request

5

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 59:

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All documents, things or communications that refer or relate to any feature, functionality, or

8

capability in connection with any version of the TweetAdder Software relating to the generation of

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Tweets, re-Tweets, or @replies/@mentions.

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11

RESPONSE TO REQUEST FOR PRODUCTION NO. 59:
In addition to the foregoing general objections, which are expressly incorporated herein,

12

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

13

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

14

discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

15

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

16

and (4) is compound.

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Subject to and without waiver of the foregoing general and specific objections, Skootle

18

responds as follows: Skootle will produce all non-privileged documents responsive to this request

19

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

20

REQUEST FOR PRODUCTION NO. 60:

21

All documents, things or communications that refer or relate to any feature, functionality, or

22

capability in connection with any version of the TweetAdder Software relating to the generation of

23

Tweets, re-Tweets, or @replies/@mentions.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 60:

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

26

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

27

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overbroad and unduly burdensome; (3) seeks information

2

protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine;

3

and (4) is compound.

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Subject to and without waiver of the foregoing general and specific objections, Skootle

5

responds as follows: Skootle will produce all non-privileged documents responsive to this request

6

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 61:

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9

All documents, things or communications that refer or relate to any hashtag creation or
hashtag conversion feature, functionality, or capability in connection with any version of the

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TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 61:

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

13

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

14

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

15

discovery of admissible evidence; (2) is overbroad and unduly burdensome; and (3) seeks

16

information protected from disclosure by the attorney-client privilege and/or the attorney work-

17

product doctrine.

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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 will produce all non-privileged documents responsive to this request

20

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 62:

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Documents sufficient to show the number of Twitter accounts that may be created, used,

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and/or managed in connection with any version of the TweetAdder Software.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 62:

25

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

26

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

27

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

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discovery of admissible evidence; (2) is overbroad and unduly burdensome; and (3) seeks

2

information protected from disclosure by the attorney-client privilege and/or the attorney work-

3

product doctrine.

4

Subject to and without waiver of the foregoing general and specific objections, Skootle

5

responds as follows: Skootle will produce all non-privileged documents responsive to this request

6

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

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REQUEST FOR PRODUCTION NO. 63:

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9
10
11

Documents sufficient to identify the developers and/or programmers of any version of the
TweetAdder Software.
RESPONSE TO REQUEST FOR PRODUCTION NO. 63:
In addition to the foregoing general objections, which are expressly incorporated herein,

12

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

13

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

14

discovery of admissible evidence; and (2) is overbroad and unduly burdensome.

15

Subject to and without waiver of the foregoing general and specific objections, Skootle

16

responds as follows: Skootle will produce all non-privileged documents responsive to this request

17

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

18

REQUEST FOR PRODUCTION NO. 64:

19

All documents, things or communications that refer or relate to the planning or contemplation

20

of feature (or potential features) of any version of the TweetAdder Software.

21

RESPONSE TO REQUEST FOR PRODUCTION NO. 64:

22

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

23

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

24

irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the

25

discovery of admissible evidence; and (2) is overbroad and unduly burdensome.

26
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Subject to and without waiver of the foregoing general and specific objections, Skootle

2

responds as follows: Skootle will produce all non-privileged documents responsive to this request

3

within its possession, custody, or control, if any, that it is able to locate after a reasonable search.

4
5

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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