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 5

EXHIBIT A
DEFINITIONS
1.

“YOU” and “YOUR” shall mean Troy Fales.

2.

“TWITTER” shall mean Twitter, Inc., including without limitation ALL

predecessors-in-interest, successors-in-interest, parents, subsidiaries, affiliates, AND ALL past
OR present officers, directors, trustees, employees, agents, consultants, attorneys, patent agents,
entities acting in joint venture, licensing OR partnership relationships with Twitter, Inc., AND
others acting on behalf of Twitter, Inc., in ANY country.
3.

“SKOOTLE” shall mean Skootle Corp., including without limitation ALL

predecessors-in-interest, successors-in-interest, parents, subsidiaries, affiliates, AND ALL past
OR present officers, directors, trustees, employees, agents, consultants, attorneys, patent agents,
entities acting in joint venture, licensing OR partnership relationships with Skootle Corp., AND
others acting on behalf of Skootle Corp., in ANY country.
4.

“MR. KESTER” shall mean James Kester, including without limitation ALL

predecessors-in-interest, successors-in-interest, affiliates, AND ALL past OR present employees,
agents, consultants, attorneys, patent agents, entities acting in joint venture, licensing OR
partnership relationships with James Kester, AND others acting on behalf of James Kester, in
ANY country.
5.

“TWEETADDER” shall mean ANY version, past OR present, of ANY software

marketed, sold, leased, licensed, distributed, disseminated to ANY third party, OR otherwise
referred to by SKOOTLE OR MR. KESTER as “TweetAdder”, “Tweet Adder”, OR ANY
variation thereon.
6.

“SERVICE” shall mean ANY version of the software, applications, websites, OR

services offered by TWITTER.
7.

“DOCUMENT(S)” shall have the broadest meaning ascribed to it by Fed. R. Civ.

P. 34(a)(1)(A) and Fed. R. Evid. 1001, including, without limitation, electronic or computerized
data compilations. A draft or non-identical copy of a document is a separate document within
the meaning of this term.

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8.

“COMMUNICATION(S)” shall mean, without limitation, ANY transmission,

conveyance or exchange of a work, statement, fact, thing, idea, DOCUMENT, instruction,
information, demand or question by ANY medium, whether by written, oral or other means,
including but not limited to electronic communications and electronic mail (“email”).
9.

“PERSON(S)” shall mean ANY natural person or ANY business, legal, or

governmental entity or association.
10.

The phrase “THIRD PARTY” means all PERSONS other than employees,

directors, or officers of TWITTER, SKOOTLE, or MR. KESTER and all entities other than
TWITTER, SKOOTLE, or MR. KESTER.
11.

“THING(S)” refers to ANY physical specimen or tangible item, including

research and development models, samples, prototypes and the like.
12.

“AND” and “OR” shall be construed either disjunctively or conjunctively as

necessary to bring within the scope of each request all responses that might otherwise be
construed outside the scope.
13.

“ANY” shall include “ALL” and “ALL” shall include “ANY.”

14.

“REFERRING TO,” “RELATING TO,” “REGARDING,” or ANY variation

thereof, means concerning, containing, describing, discussing, embodying, commenting upon,
identifying, incorporating, summarizing, constituting, comprising, or otherwise pertinent to the
matter or ANY aspect thereof.
15.

“CONCERNING” shall mean RELATING TO or REFERRING TO.

16.

This “ACTION” shall mean the lawsuit Twitter, Inc. v. Skootle Corp. et al., Case

No. 3:12-cv-1721 SI, United States District Court for the Northern District of California.
17.

Definitions or usages of words or phrases in these requests are not intended to be,

and shall not be, construed as admissions as to the meaning of words or phrases at issue in the
action, and shall have no binding effect on TWITTER in this or in ANY other proceeding.
INSTRUCTIONS
The following instructions shall apply to each of the Document Requests herein:

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A.

Computerized information and DOCUMENTS stored in electronic form must be

produced in an intelligible format or together with a description of the system from which they
were derived sufficient to permit viewing of the DOCUMENTS or information in an intelligible
form.
B.

File folders with tabs or labels identifying DOCUMENTS must be produced

intact with the DOCUMENTS contained therein.
C.

Selection of DOCUMENTS from files, records, electronic storage media, or other

sources, must be done in such a way as to ensure that the source of each DOCUMENT may be
determined, if necessary.
D.

DOCUMENTS attached to one another, including cover sheets, must not be

separated.
E.

Color copies of DOCUMENTS are to be produced where color is necessary to

interpret or understand the contents.
F.

When requested to provide “ALL DOCUMENTS,” you must provide ANY

responsive DOCUMENTS located following a diligent search of all locations reasonably likely
to contain DOCUMENTS responsive to the request.
G.

If no DOCUMENTS or THINGS exist that are responsive to a particular request,

that fact should be stated in each of your responses to such requests.
H.

Should you seek to withhold ANY document based on some limitation of

discovery (including attorney/client privilege), you must supply a list of all DOCUMENTS you
seek to withhold on that basis. This list should include:
(a)

The identity of each DOCUMENT’S author(s), writer(s), sender(s), or

initiator(s);
(b)

The identity of each DOCUMENT’S recipient(s), addressee(s), or parties

for whom it was intended;
(c)

The date of creation or transmittal indicated in each DOCUMENT, or an

estimate of the date, indicated as such, if no date appears in the DOCUMENT;

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(d)

The general subject matter as described on each DOCUMENT, or, if no

such description appears, a description sufficient to identify the DOCUMENT;
(e)

The claimed ground(s) for limitation of discovery (e.g., “attorney-client

privilege” or “work-product privilege”).
I.

The obligation to provide the information sought by these requests for production

is continuing within the requirement of Fed. R. Civ. P. 26(e).
EXHIBIT B
DOCUMENT REQUESTS
1.

YOUR most recent resume OR CV.

2.

DOCUMENTS sufficient to show YOUR current residential address.

3.

DOCUMENTS sufficient to show the complete amount OR amounts of ANY

salary, stipend, bonus, payments, OR other money YOU have received from SKOOTLE OR
ANY other entity OR individual CONCERNING ANY work OR services performed for, OR on
behalf of, SKOOTLE, MR. KESTER, OR TWEETADDER.
4.

DOCUMENTS sufficient to fully identify ANY account(s) YOU have created on

the SERVICE, including ALL account username(s) AND the full name(s) AND email
address(es) which YOU used to create each account OR which YOU currently associate with
each account.
5.

DOCUMENTS sufficient to show the date(s) on which YOU first created OR

caused to be created ANY account(s) on the SERVICE.
6.

DOCUMENTS sufficient to show the complete source code in human-readable

format for ALL versions of TWEETADDER, OR ANY portion of the source code in humanreadable format for ANY version of TWEETADDER that is within YOUR possession, custody,
OR control.
7.

ALL DOCUMENTS necessary to constitute an operational copy of ANY AND

ALL versions of TWEETADDER, including the executable file AND ANY AND ALL other
files necessary to successfully operate ANY version of TWEETADDER from a personal
computer.

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8.

ALL DOCUMENTS RELATING TO TWEETADDER.

9.

ALL DOCUMENTS RELATING TO the research, design, development,

experimentation OR testing of TWEETADDER.
10.

ALL COMMUNICATIONS between YOU AND ANY PERSON RELATING

TO TWEETADDER, ANY user of TWEETADDER, OR ANY customer OR prospective
customer of SKOOTLE OR MR. KESTER.
11.

ALL COMMUNICATIONS between YOU AND ANY PERSON RELATING

TO TWITTER.
12.

ALL COMMUNICATIONS between YOU AND MR. KESTER RELATING TO

TWITTER, SKOOTLE, OR TWEETADDER.
13.

ALL COMMUNICATIONS between YOU AND TWITTER.

14.

ALL DOCUMENTS RELATING TO TWITTER, the SERVICE, OR ANY other

products, services, OR websites offered by TWITTER.
15.

ALL DOCUMENTS RELATING TO ANY agreement between YOU AND

TWITTER.
16.

ALL COMMUNICATIONS with ANY PERSON RELATING TO this ACTION.

17.

ALL DOCUMENTS RELATING TO this ACTION.

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