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 4

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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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JAMES KESTER’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:

JAMES KESTER

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SET NUMBER:

ONE (1)

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JAMES KESTER’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 James Kester (“Mr. Kester”) 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 Mr. Kester’s responses herein, in addition to any specifically stated objections, is
subject to and incorporates the following general objections:
1.

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

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to 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.

Mr. Kester 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.

Mr. Kester objects to each of the requests to the extent it seeks documents that are

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neither relevant to any claim or defense raised in this litigation, nor reasonably calculated to lead to

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the discovery of admissible evidence.

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4.

Mr. Kester objects to each of the requests to the extent it is unreasonably cumulative

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or 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.

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

oppressive, or unduly burdensome.
6.

Mr. Kester objects to each of the requests to the extent it seeks documents for which

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

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of this action.

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7.

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

reasonable particularity the documents requested.
8.

Mr. Kester 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.

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

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10.

Mr. Kester objects to each of the requests to the extent it seeks documents that are

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subject to confidentiality agreements with third parties.
11.

Mr. Kester objects to each of the requests to the extent it seeks documents not in Mr.

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

Mr. Kester’s objection to the production of any document, or category of documents,

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or 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.

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

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in this action and Mr. Kester has not completed his factual investigation. Accordingly, without

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

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amend and/or supplement his responses if and when additional facts or documents are discovered.

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

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

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discovered or generated pursuant to subsequent investigation or discovery.

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

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

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

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

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

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later determine to have been responsive to the requests.

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OBJECTIONS TO DEFINITIONS
1.

Mr. Kester objects to Twitter’s definition of Kester as overly broad and unduly

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burdensome. For purposes of these Interrogatories, reference to Mr. Kester, “you,” or “your” shall

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refer to the Defendant James Kester only.

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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, Mr.

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Kester 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 Mr. Kester’s possession, custody, or

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control.

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

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responds as follows: Mr. Kester 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, Mr.

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Kester 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, Mr. Kester

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responds as follows: Mr. Kester 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, Mr.

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 4:
Documents sufficient to show the employment, business, legal and/or financial relationship

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between Kester and 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, Mr.

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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within his possession, custody, or control, if any, that he 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 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 Kester.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is 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; (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, Mr. Kester

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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within his possession, custody, or control, if any, that he 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. 6:

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Documents sufficient to identify all providers of hosting services for the Internet domains

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tweetadder.com, tweetadder.freshdesk.com, and skootle.com.

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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, Mr.

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Kester 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, Mr. Kester

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 7:

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Documents sufficient to show the location and number of all servers owned, licensed, leased,
or controlled by Kester.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 7:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is 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; and (2) is overly broad and unduly burdensome.

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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

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REQUEST FOR PRODUCTION NO. 8:
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. 8:

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

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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within his possession, custody, or control, if any, that he 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 posted on

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the tweetadder.freshdesk.com domain.

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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, Mr.
Kester 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, Mr. Kester

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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within his possession, custody, or control, if any, that he 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 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. 10:

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

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Kester objects to this request on the grounds and to the extent that it (1) is 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 Mr. Kester’s possession, custody or control;

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 11:

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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. 11:

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

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 12:

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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. 12:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) 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; (4) seeks information irrelevant to the claims and defenses at issue in this case and

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is not reasonably calculated to lead to the discovery of admissible evidence; and (5) seeks

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information not in Mr. Kester’s possession, custody, or control.

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REQUEST FOR PRODUCTION NO. 13:

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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. 13:

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

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

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the definition of the term “currently or previously linked;” and (2) seeks information protected from

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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, Mr. Kester

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 14:

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Documents sufficient to identify all third parties Kester 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. 14:

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

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 15:

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Documents sufficient to show Kester’s revenues from each version of the TweetAdder

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Software.

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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, Mr.

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Kester 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 Mr. Kester’s rights to privacy under the California constitution and other protections.

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REQUEST FOR PRODUCTION NO. 16:

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

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2005.

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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, Mr.

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Kester 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 Mr. Kester’s right to privacy under the California constitution and other

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protections.

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REQUEST FOR PRODUCTION NO. 17:

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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. 17:

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

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

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the definition of the term “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. 18:

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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. 18:

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

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

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However, Mr. Kester will produce non-privileged documents within his possession, custody, or

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control, if any, that he is able to locate after a reasonable search that identify various changes made to

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the TweetAdder software..

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REQUEST FOR PRODUCTION NO. 19:

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All communications referring or relating to Twitter.
RESPONSE TO REQUEST FOR PRODUCTION NO. 19:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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within his possession, custody, or control, if any, that he 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. 20:

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All communications referring or relating to the Twitter service.
RESPONSE TO REQUEST FOR PRODUCTION NO. 20:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

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Kester objects to this request on the grounds and to the extent that it (1) is 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 19, above.

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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the extent the subject matter of the communication materials concerns Twitter.

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REQUEST FOR PRODUCTION NO. 21:

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All communications referring or relating to any version of, or any portion of, the Twitter
Terms of Service, the Twitter Rules, or Twitter’s Privacy Policy.
RESPONSE TO REQUEST FOR PRODUCTION NO. 21:

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

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

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 22:

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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. 22:

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

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

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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, Mr. Kester

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responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

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

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REQUEST FOR PRODUCTION NO. 23:

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All communications between Kester and any user of any version of the TweetAdder Software

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

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service.

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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, Mr.

10

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

11

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

12

the term “user conduct;” (4) is overbroad and unduly burdensome; (5) 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 (6) 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, Mr. Kester

17

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

18

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

19

REQUEST FOR PRODUCTION NO. 24:

20

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

21

TweetAdder user that mention both Twitter and the TweetAdder Software.

22

RESPONSE TO REQUEST FOR PRODUCTION NO. 24:

23

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

24

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

25

scope of the requested information cannot be determined.

26
27
28
- 13 JAMES KESTER’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. 25:
All communications between Kester and any past or present user of any version of the

3

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

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 25:

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

13

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

14

REQUEST FOR PRODUCTION NO. 26:

15

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

16

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

17

RESPONSE TO REQUEST FOR PRODUCTION NO. 26:

18

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

19

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

20

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

21

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

22

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

23

work-product doctrine; and (4) seeks information not in Mr. Kester’s possession, custody, or control.

24

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

25

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

26

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

27
28
- 14 JAMES KESTER’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. 27:
All communications between Kester and any past or present TweetAdder user that refers or

3

relates to Twitter’s actual or contemplated disapproval of conduct by TweetAdder users.

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 27:

5

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

6

Kester 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; (2) seeks information protected from disclosure by the attorney-

9

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

10
11

definition of the phrase “actual or contemplated disapproval of conduct.”
Subject to and without waiver of the foregoing general and specific objections, Mr. Kester

12

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

13

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

14

REQUEST FOR PRODUCTION NO. 28:

15

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

16

privilege, that refer or relate to this lawsuit.

17

RESPONSE TO REQUEST FOR PRODUCTION NO. 28:

18

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

19

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

20

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

21

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

22

lead to the discovery of admissible evidence.

23

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

24

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

25

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

26
27
28
- 15 JAMES KESTER’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. 29:
All communications between Kester and any third party referring or relating to complaints,

3

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

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 29:

5

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

6

Kester 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 or the attorney work-product doctrine; and (2) seeks

8

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

9

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

10
11

ambiguous as to the definition of the phrase “complaints, concerns, and problems.”
Subject to and without waiver of the foregoing general and specific objections, Mr. Kester

12

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

13

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

14

REQUEST FOR PRODUCTION NO. 30:

15

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

16

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

17

TweetAdder user’s Twitter account or accounts.

18

RESPONSE TO REQUEST FOR PRODUCTION NO. 30:

19

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

20

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

21

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

22

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

23

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

24

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

25

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

26
27
28
- 16 JAMES KESTER’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. 31:
All documents, things and communications that refer or relate to the means by which any

3

version of the TweetAdder Software has accessed the Twitter service.

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 31:

5

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

6

Kester 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 or the attorney work-product doctrine; (2) seeks

8

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

9

lead to the discovery of admissible evidence; (3) is overbroad and unduly burdensome; and (4) seeks

10
11

information not in Mr. Kester’s possession, custody, or control.
Subject to and without waiver of the foregoing general and specific objections, Mr. Kester

12

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

13

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

14

REQUEST FOR PRODUCTION NO. 32:

15

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

16

which the TweetAdder Software might access the Twitter service.

17

RESPONSE TO REQUEST FOR PRODUCTION NO. 32:

18

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

19

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

20

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

21

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

22

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

23

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

24

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

25

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

26
27
28
- 17 JAMES KESTER’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. 33:
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. 33:

5

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

6

Kester 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, Mr. Kester

11

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

12

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

13

REQUEST FOR PRODUCTION NO. 34:

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. 34:

17

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

18

Kester 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, Mr. Kester

24

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

25

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

26
27
28
- 18 JAMES KESTER’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. 35:
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. 35:

5

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

6

Kester 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; (2) is

8

vague and ambiguous as to the definition of the term “direct message;” and (3) seeks information not

9

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

10

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

11

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

12

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

13

REQUEST FOR PRODUCTION NO. 36:

14

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

15

version of the TweetAdder Software has accessed the Twitter service.

16

RESPONSE TO REQUEST FOR PRODUCTION NO. 36:

17

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

18

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

19

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

20

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

21

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

22

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

23

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

24

REQUEST FOR PRODUCTION NO. 37:

25
26

All documents, things and communications that refer or relate to unfollowing one or more
Twitter users.

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

1

RESPONSE TO REQUEST FOR PRODUCTION NO. 37:

2

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

3

Kester 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; (2) is

5

compound; and (3) seeks information not in Mr. Kester’s possession, custody, or control.

6

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

7

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

8

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

9

REQUEST FOR PRODUCTION NO. 38:

10

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

11

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

12

RESPONSE TO REQUEST FOR PRODUCTION NO. 38:

13

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

14

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

17

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

18

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

19

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

20

REQUEST FOR PRODUCTION NO. 39:

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 Kester.

23

RESPONSE TO REQUEST FOR PRODUCTION NO. 39:

24

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

25

Kester 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

27

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

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

1

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

2

the attorney work-product doctrine.

3

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

4

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

5

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

6

REQUEST FOR PRODUCTION NO. 40:

7

All documents and things relating or referring to Kester’s agreement to any version of the

8

Twitter Terms of Service in or since 2009.

9

RESPONSE TO REQUEST FOR PRODUCTION NO. 40:

10

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

11

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

12

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

13

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

14

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

15

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

16

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

17

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

18

REQUEST FOR PRODUCTION NO. 41:

19

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

20

www.tweetadder.com.

21

RESPONSE TO REQUEST FOR PRODUCTION NO. 41:

22

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

23

Kester 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) seeks information protected from disclosure by the attorney-

26

client privilege and/or the attorney work-product doctrine; and (3) seeks information not in Mr.

27

Kester’s possession, custody, or control.

28
- 21 JAMES KESTER’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, Mr. Kester

2

responds as follows: Mr. Kester does not own the domain name www.tweetadder.com. However,

3

Mr. Kester will produce all non-privileged documents responsive to this request within his

4

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

5

REQUEST FOR PRODUCTION NO. 42:

6

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

7

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

8

RESPONSE TO REQUEST FOR PRODUCTION NO. 42:

9

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

10

Kester 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) seeks information protected from disclosure by the attorney-

13

client privilege and/or the attorney work-product doctrine; and (3) seeks information not in Mr.

14

Kester’s possession, custody, or control.

15

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

16

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

17

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

18

REQUEST FOR PRODUCTION NO. 43:

19

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

20

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

21

Service.

22

RESPONSE TO REQUEST FOR PRODUCTION NO. 43:

23

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

24

Kester 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; (2) is overbroad and unduly burdensome; and (3) seeks

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

1

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

2

product doctrine.

3

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

4

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

5

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

6

REQUEST FOR PRODUCTION NO. 44:

7

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

8

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

9

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

10

RESPONSE TO REQUEST FOR PRODUCTION NO. 44:

11

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

12

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

13

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

14

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

15

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

16

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

17

REQUEST FOR PRODUCTION NO. 45:

18

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

19

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

20

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

21

@mention of the TweetAdder user.

22

RESPONSE TO REQUEST FOR PRODUCTION NO. 45:

23

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

24

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

25

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

26

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

27

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

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

1

Twitter account or must have posted an @mention of the TweetAdder user. Mr. Kester further

2

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

3

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

4

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

5

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

6

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

7

REQUEST FOR PRODUCTION NO. 46:

8
9
10
11

Documents sufficient to show all Twitter user activities that the TweetAdder Software can
automate.
RESPONSE TO REQUEST FOR PRODUCTION NO. 46:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

12

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

13

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

14

custody, or control.

15

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

16

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

17

Software can automate.

18

REQUEST FOR PRODUCTION NO. 47:

19

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

20

capability of any version of the TweetAdder Software.

21

RESPONSE TO REQUEST FOR PRODUCTION NO. 47:

22

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

23

Kester 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; (3) seeks information

26

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

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

1

(4) is vague and ambiguous as to the definition of the term “automation;” and (5) seeks information

2

not in Mr. Kester’s possession, custody, or control.

3

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

4

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

5

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

6

REQUEST FOR PRODUCTION NO. 48:

7

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

8

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

9

RESPONSE TO REQUEST FOR PRODUCTION NO. 48:

10

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

11

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

12

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

13

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

14

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

15

(4) is vague and ambiguous as to the definition of the term “scheduling feature;” and (5) seeks

16

information not in Mr. Kester’s possession, custody, or control.

17

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

18

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

19

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

20

REQUEST FOR PRODUCTION NO. 49:

21

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

22

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

23

locate, and/or find another Twitter user.

24

RESPONSE TO REQUEST FOR PRODUCTION NO. 49:

25

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

26

Kester 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
- 25 JAMES KESTER’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) 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) seeks information not in Mr. Kester’s possession, custody, or control.

4

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

5

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

6

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

7

REQUEST FOR PRODUCTION NO. 50:

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9
10
11

Documents sufficient to show any search-related feature, functionality, or capability of any
version of the TweetAdder Software.
RESPONSE TO REQUEST FOR PRODUCTION NO. 50:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

12

Kester 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 vague and ambiguous as to the definition of the term “search-related feature;” and (5) seeks

17

information not in Mr. Kester’s possession, custody, or control.

18

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

19

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

20

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

21

REQUEST FOR PRODUCTION NO. 51:

22

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

23

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

24

RESPONSE TO REQUEST FOR PRODUCTION NO. 51:

25

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

26

Kester 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) seeks information not in Mr. Kester’s possession, custody, or control..

4

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

5

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

6

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

7

REQUEST FOR PRODUCTION NO. 52:

8
9
10
11

All documents, things or communications that refer or relate to the exclusion or removal of
any feature, functionality, or capability from any version of the TweetAdder Software.
RESPONSE TO REQUEST FOR PRODUCTION NO. 52:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

12

Kester 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) seeks information not in Mr. Kester’s possession, custody, or control.

17

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

18

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

19

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

20

REQUEST FOR PRODUCTION NO. 53:

21

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

22

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

23

RESPONSE TO REQUEST FOR PRODUCTION NO. 53:

24

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

25

Kester 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

27

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

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

3

information not in Mr. Kester’s possession, custody, or control.

4

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

5

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

6

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

7

REQUEST FOR PRODUCTION NO. 54:

8
9
10
11

All documents, things or communications that refer or relate to any profile creation feature,
functionality, or capability in connection with any version of the TweetAdder Software.
RESPONSE TO REQUEST FOR PRODUCTION NO. 54:
In addition to the foregoing general objections, which are expressly incorporated herein, Mr.

12

Kester 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 vague and ambiguous as to the definition of the term “profile creation feature;” and (5) seeks

17

information not in Mr. Kester’s possession, custody, or control.

18

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

19

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

20

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

21

REQUEST FOR PRODUCTION NO. 55:

22

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

23

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

24

RESPONSE TO REQUEST FOR PRODUCTION NO. 55:

25

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

26

Kester 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

(4) is vague and ambiguous as to the definition of the term “profile editing feature;” and (5) seeks

4

information not in Mr. Kester’s possession, custody, or control.

5

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

6

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

7

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

8

REQUEST FOR PRODUCTION NO. 56:

9

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

10

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

11

TweetAdder Software.

12

RESPONSE TO REQUEST FOR PRODUCTION NO. 56:

13

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

14

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

15

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

16

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

17

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

18

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

19

feature;” and (5) seeks information not in Mr. Kester’s possession, custody, or control.

20

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

21

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

22

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

23

REQUEST FOR PRODUCTION NO. 57:

24
25

All documents, things or communications that refer or relate to any profile settings feature,
functionality, or capability in connection with any version of the TweetAdder Software.

26
27
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CASE NO. 3:12-CV-1721 SI

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2

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

3

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

4

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

5

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

6

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

7

(4) vague and ambiguous with respect to the definition of the term “profile settings feature;” and (5)

8

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

9

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

10

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

11

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

12

REQUEST FOR PRODUCTION NO. 58:

13

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

14

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

15

Software.

16

RESPONSE TO REQUEST FOR PRODUCTION NO. 58:

17

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

18

Kester 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) is overbroad and unduly burdensome; (3) seeks information

21

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

22

(4) is compound; (5) is vague and ambiguous as to the definition of the term “follow back;” and (6)

23

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

24

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

25

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

26

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

27
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1
2

REQUEST FOR PRODUCTION NO. 59:
All documents, things or communications that refer or relate to any account creation feature,

3

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

4

RESPONSE TO REQUEST FOR PRODUCTION NO. 59:

5

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

6

Kester 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; (2) is overbroad and unduly burdensome; (3) seeks information

9

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

10

(4) is vague and ambiguous as to the definition of the term “account creation feature;” and (5) seeks

11

information not in Mr. Kester’s possession, custody, or control.

12

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

13

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

14

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

15

REQUEST FOR PRODUCTION NO. 60:

16

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

17

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

18

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

19

RESPONSE TO REQUEST FOR PRODUCTION NO. 60:

20

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

21

Kester 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

(4) is compound; and (5) seeks information not in Mr. Kester’s possession, custody, or control..

26
27
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ONE]
CASE NO. 3:12-CV-1721 SI

1

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

2

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

3

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

4

REQUEST FOR PRODUCTION NO. 61:

5

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

6

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

7

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

8

RESPONSE TO REQUEST FOR PRODUCTION NO. 61:

9

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

10

Kester 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;

14

(4) is compound; and (5) seeks information not in Mr. Kester’s possession, custody, or control.

15

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

16

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

17

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

18

REQUEST FOR PRODUCTION NO. 62:

19

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

20

hashtag conversion feature, functionality, or capability in connection with any version of the

21

TweetAdder Software.

22

RESPONSE TO REQUEST FOR PRODUCTION NO. 62:

23

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

24

Kester 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; (2) is overbroad and unduly burdensome; (3) seeks information

27
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ONE]
CASE NO. 3:12-CV-1721 SI

1

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

2

and (4) seeks information not in Mr. Kester’s possession, custody, or control.

3

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

4

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

5

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

6

REQUEST FOR PRODUCTION NO. 63:

7

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

8

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

9

RESPONSE TO REQUEST FOR PRODUCTION NO. 63:

10

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

11

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

12

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

13

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

14

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

15

and (4) seeks information not in Mr. Kester’s possession, custody, or control..

16

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

17

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

18

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

19

REQUEST FOR PRODUCTION NO. 64:

20

Documents sufficient to identify the developers and/or programmers of any version of the

21

TweetAdder Software.

22

RESPONSE TO REQUEST FOR PRODUCTION NO. 64:

23

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

24

Kester 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; (2) is overbroad and unduly burdensome; and (3) seeks

27

information not in Mr. Kester’s possession, custody, or control.

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- 33 JAMES KESTER’S RESPONSES AND OBJECTIONS TO TWITTER’S REQUEST FOR PRODUCTION OF DOCUMENTS [SET
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CASE NO. 3:12-CV-1721 SI

1

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

2

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

3

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

4

REQUEST FOR PRODUCTION NO. 65:

5

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

6

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

7

RESPONSE TO REQUEST FOR PRODUCTION NO. 65:

8
9

In addition to the foregoing general objections, which are expressly incorporated herein, Mr.
Kester objects to this request on the grounds and to the extent that it (1) 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; and (2) is overbroad and unduly burdensome.

12

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

13

responds as follows: Mr. Kester will produce all non-privileged documents responsive to this request

14

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

15
16

Date: September 14, 2012

COLT / WALLERSTEIN LLP

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20

By:_______________________________
Doug Colt
Thomas E. Wallerstein
Nicole M. Norris
Attorneys for Skootle Corp. and James Kester

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