LegalZoom.com, Inc. v. Rocket Lawyer, Inc.

Filing 5

RESPONSE (re 1 MOTION to Compel ) Nonparty Google Inc.'s Opposition to LegalZoom.com, Inc.'s Motion to Compel Compliance with Subpoena filed byGoogle Inc.. (Attachments: # 1 Declaration of Jacob T. Veltman, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Kramer, David) (Filed on 1/20/2015)

EXHIBIT 1
TO THE DECLARATION OF
JACOB T. VELTMAN

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action

Ur1ITED STATES DISTRICT COURT
for the
CENTRAL District of CALIFORNIA
LEGALZOOM.COM, INC.
)
)

Plainti~J`~

)

V.

Civil Action No. 2: 12 - CV- 0 9 94 2 -GAF -AGR

)

ROCKET LAWYER INCORPORATED

)

Defendant

)

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
GOOGLE, INC. c/o CSC Lawyers Incorporating Service, 2710 Gateway Oaks, Suite
To: 150N, Sacramento, CA 95833.
(Name of person to whom this subpoena is dtrected)

O Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
x
deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
those set forth in an attachment: Custodian of Records to authenticate the documents
requested.
Place: Veritext-San Francisco, 101 Montgomery Date and Time:
Street Suite 450 San Francisco .CA 94104 December 1 2014; 3:00 p.m.
The deposition will be recorded by this method: Stenographically and Videotaped
® Production: You, or your representatives, must also bring with you to the deposition the following documents,
electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
material: See Attachment 11 1"

The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date: 11 / 14 / 14

CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk

signature

The name, address, e-mail address, and telephone number ofthe attorney rep
me ofparry) LecialZoom. com ,
Inc .
, who issues or requests this subpoena, are:
Fred Heather; GLASER WEIL, 10250 Constellation Blvd., 19th Floor, Los Angeles, CA 90067; (310)5533000

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored infotmation, or tangible things before
trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO-89A

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(Thfs section should not befiled with the court unless required by Fed R. Civ. P. 45.)
I received this subpoena for (name ofindividual and title, if any)
ori (date)
= I served the subpoena by delivering a copy to the named individual as follows:
on (date)

; or

= I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.
Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc.:

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposltion. A subpoena may command a
person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or _
regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly
transacts business in person, if the person
(i) is a party or a party's officer; or
(ii) is cwmmanded to attend a trial and would not incur substantial
expense.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronieally stored information, or
tangible things at a place within 100 miles of where the person resides, is
employed, or regularly transacts business in person; and
(B) inspeetion of premises at the premises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding llndue Burden or Expense; Sanctions. A party or attorney
responsible for issuing and secving a subpoena must take reasonable steps
to avoid imposing undue burden or expense on a person subject to the
subpoena. The court for the district where compliance is required must
enforce this duty and impose an appropriate sanction—which may include
lost eamings and reasonable attomey's fees—on a party or attomey who
fails to comply.
(2) Command to Produce Materfals or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or to
permit the inspection of premises, need not appear in person at the place of
production or inspection unless also commanded to appear for a deposition,
hearing, or trial.
(B) Objections. A person conunanded to produce documents or tangible
things or to permit inspection may serve on the party or attomey designated
in the subpcena a written objection to inspecting, copying, testing, or
sampling any or all of the materials or to inspecting the premises — or to
producing electronically stored information in the form or fotms requested.
The objection must be served before the earlier of the time speoified for
compliance or 14 days after the subpoena is served. If an objection is made,
the following rules apply:
(i) At any time, on notice to the commanded person, the serving party
may move the court for the district where compliance is required for an
order compelling produetion or inspection.
(ii) These acts may be required only as directed in the order, and the
order must protect a person who is neither a party nor a party's officer from
significant expense resulting from compliance.

(3) Quashing or Modifyfng a Subpoena.
(A) When Requfred. C+n timely motion, the court for the district where
compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits
specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a
subpcena, the court for the district where compliance is require,d may, on
motion, quash or modify the subpcena if it requires:

(i) disclosing a trade secret or other cwnfidential research, development,
or commercial infotmation; or
(ii) disclosing an unretained expert's opinion or information that does
not describe specific occurrences in dispute and results from the expert's
study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(d)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under specified
conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be
otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(e) Duties in Responding to a Subpoena.

(1) Producing Documents or ElectronicaUy Stored Information These
procedures apply to producing documents or electronically stored
information:
(A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course of business or
must organize and label them to con-espond to. the categories in the demand.
(B) Form for Produeing Eleetronically Stored Informatfon Not Specrfied.
If a subpoena does not specify a form for producing electronically stored
information, the person responding must produce it in a fotm or forms in
which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Informatfon Produced in Only One Form. The
person responding need not produce the same electronically stored
information in more than one form.
(D) Inaccessfble Electronically Stored Informatton. The person
responding need not provide discovery of electronically stored information
from sources that the person identifies as not reasonably accessible because
of undue burden or cost. On motion to compel discovery or for a protective
order, the person responding must show that the information is not
reasonably accessible because of undue burden or cost. If that showing is
made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the linritations of Rule
26(b)(2)(C). The cvurt may specify cvnditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information
under a claim that it is privileged or subject to protection as trial•preparation
material must:
(i) expressly make the claim; and
(ii) dcscribe the nature of the withheld documents, eommunications, or
tangible things in a manner that, without revealing information itself
privileged or protected, wi11 enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party
that received the information of the claim and the basis for it. After being
notified, a party must promptly rctum, soquester, or destroy the specified
information and any copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may promptly
present the infotmation under seal to the cwurt for the district where
compliance is required for a detennination of the claim. The person who
produced the information must preserve the information until the claim is
resolved.
(g) Contempt.
The court for the district where compliance is required—and also, after a
motion is transferred, the issuing court--may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpcena or an order related to it.

For access to subpoena materials, see Fed. R Civ. P. 45(a) Committee Note (2013).

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1

ATTACHMENT 1

2

DEFINITIONS

3

A.

"YOU," "YOUR" and "GOOGLE" mean Google, Inc. located at 1600

4

Amphitheatre Way, Mountain View California 943043, and its current and former

5

parents, subsidiaries, affiliates, predecessors, successors, employees, managers,

6

officers, directors, partners, agents, representatives, attorneys, or anyone acting or

7

purporting to act on its behalf or under its control.

8
9

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11
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"LEGALZOOM" and "PLAINTIFF" mean and refer, without limitation,

I to Plaintiff LegalZoom.com, Inc., its attorneys, agents and all PERSONS, as defined
I below, acting on its behalf.
C.

"ROCKET LAWYER" and "DEFENDANT" mean and refer, without

12

,
N

limitation, to Rocket Lawyer Incorporated, its employees, attorneys, agents,

13

independent contractors, officers, directors, shareholders, representatives, and all

14

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B.

PERSONS or entities acting on its behalf.

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D.

"ROCKET LAWYER FREE ADVERTISEMENTS" mean and refer to

16

any marketing, advertising and/or promotion of ROCKET LAWYER and/or

17

ROCKET LAWYER PRODUCTS AND SERVICES, in which the term "free"

18

appears in the marketing, advertisement and promotion andlor in which the term

19

"free" is used as a keyword or other search term to trigger the marketing,

20

advertisement and/or promotion of ROCKET LAWYER and/or ROCKET LAWYER

21

PRODUCTS AND SERVICES.

22

E.

"COMMUNICATION" includes, without limitation, communications

23

I by whatever means transmitted (i.e., whether oral, written, electronic, or other

24

methods are used), as well as any note, memorandum, or other document record

25

I thereof.

26

F.

"DOCUMENT" has the full meaning ascribed to it by the Federal Rules

27

I of Civil Procedure and the Federal Rules of Evidence, and includes without limitation

2s

I any writing, COMMUNICATION, correspondence or tangible thing on which
ATTACHMENT I

966815

I information can be stored or from which information can be retrieved, whether signed
2 or unsigned, in draft or final form, an original or a copy, including electronic formats.
3

G. "CONSTITUTING," "CONCERNING," "REFERRING TO,"

a"RELATED TO," and "RELATING TO," whether used alone or in conjunction with
5 one another, are used in their broadest sense and shall mean and refer to, without
6 limitation, constituting, summarizing, memorializing, or directly or indirectly
7 referring to, discussing, perta.ining to, regarding, evidencing, supporting,
g contradicting, containing information regarding, ernbodying, comprising, identifying,
9 stating, reflecting, dealing with, commenting on, responding to, describing, analyzing,
lo or in any way pertinent to the subject matter of the type of DOCUMENTS sought.
11

H.

"PERSON" means an individual, firm, partnership, corporation,

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12 proprietorship, association, governmental body, or any other organization or entity.

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la appropriate. The terms "and" as well as "or" shall be construed either disjunctively or

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15 conjunctively as necessary to bring within the scope of the inquiry or request any

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16 information which might otherwise be construed to be outside of the scope.

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Each and «any,~Include both each and «
every» whenever

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"Or," "and," and "and/or" shall be interpreted both conjunctively and

18 disjunctively, so as to be inclusive rather than exclusive, and each term shall include
19 the other whenever such construction will serve to bring within the scope of a request
2o documents, information or tangible things which would not otherwise be within its
21 scope, and these terms shall not be interpreted to exclude any information, documents
22 or tangible things otherwise within the scope of a request.
23

K.

The present tense of any verb shall include the past tense, and vice versa,

24 whenever such construction will serve to bring within the scope of a request
25 documents, information or tangible things which would not otherwise be within its
26 scope.
27

L.

The singular shall include the plural and vice versa, and words in one

28 gender shall include the other gender.
ATTACHMENT I
966815

1
2

REOUEST TO PRODUCE DOCUMENTS
Pursuant to Federal Rule of Civil Procedure 34 et seq., YOU are obligated to

3 produce at the time and place identified above, on the designated date, those
4 DOCUMENTS or COND4UNICATIONS responsive to the requests listed below:
5 REOUEST TO PRODUCE DOCUMENTS NO.1
6

Any and all DOCUMENTS RELATING TO ROCKET LAWYER FREE

7 ADVERTISEMENTS between January 1, 2008 and present.
g REOUEST TO PRODUCE DOCUMENTS NO. 2
9

Any and all CONEVIUNICATIONS between YOU and ROCKET LAWYER

lo RELATING TO ROCKET LAWYER FREE ADVERTISEMENTS between January

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11 1, 2008 and present.
12 REOUEST TO PRODUCE DOCUMENTS NO. 3

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Any and all DOCUMENTS RELATING TO studies managed or performed by
, 13
14 Google Ventures for ROCKET LAWYER, to the extent those studies examine or
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15 concern ROCKET LAWYER FREE ADVERTISEMENTS.

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16 REOUEST TO PRODUCE DOCUMENTS NO. 4

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17

Any and all DOCUMENTS sufficient to show the complete name, address, and

18 telephone number for Katherine K. whose email address is Katherine.k(~ gle.com
a,goo
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20
21
22
23
24
25
26
27
28
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ATTACHMENT 1
966815

nfRCl.O4RHOR'.

SACRAMENTO LEGAL SUPPORT, INC.
SACRAMENTO FIELD ACCOUNT

45392

1814 1 STREET
SACRAMENTO, CA 95814

11-35/1210

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CALIFORNIA

FOR DEPOSIT ONLY

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