Dunstan et al v. comScore, Inc.

Filing 131

MEMORANDUM by comScore, Inc. in support of motion for discovery 130 re: Leave to Depose Plaintiff Dunstan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Bowland, Robyn)

EXHIBIT G

99999.77815/4738143.1

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MIKE HARRIS and JEFF

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DUNSTAN, individually and

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on behalf of a class of

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similarly situated

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individuals,

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Plaintiffs,

No. 1:11-cv-5807

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vs.

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COMSCORE, INC., a

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Delaware corporation,

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Defendant.

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THE VIDEOTAPED DEPOSITION OF JEFFREY DUNSTAN
August 8, 2012
Chicago, Illinois
9:37 a.m.

REPORTED BY:
SHERI E. LISS
JOB NO: 26487

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DEPOSITION OF JEFFREY DUNSTAN
The videotaped deposition of JEFFREY
DUNSTAN, called by the Defendant for examination,
taken pursuant to the Code of Civil Procedure and
the Rules of the Supreme Court of the State of
Illinois pertaining to the taking of depositions for
the purposes of evidence, taken before Sheri E.
Liss, CSR NO. 084-002600, a Certified Shorthand
Reporter within and for the State of Illinois,
Registered Professional Reporter, Certified Realtime
Reporter, at the offices of Quinn Emanuel Urquhart &
Sullivan, LLP, 500 West Madison Street, Suite 2450,
Chicago, Illinois, on August 8, 2012 at the hour
9:37 o'clock a.m.

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DEPOSITION OF JEFFREY DUNSTAN
APPEARANCES (continued):
DEPUTY GENERAL COUNSEL AND
PRIVACY OFFICER FOR COMSCORE
11950 Democracy Drive, Suite 600
Reston, Virginia 20190-5624
[phone]
BY: THOMAS S. CUSHING, III, ESQ.
[e-mail]
ALSO PRESENT:
JACK YAMIN, Edelson McGuire Summer Associate
JEREMY MANGAN, Videographer

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DEPOSITION OF JEFFREY DUNSTAN
APPEARANCES:
On behalf of the Plaintiffs:
EDELSON McGUIRE, LLC
350 North LaSalle Street, 13th Floor
Chicago, Illinois 60654
BY: JAY EDELSON, ESQ.
[e-mail]
CHANDLER GIVENS, ESQ.
BEN THOMASSEN, ESQ.

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On behalf of the Defendant:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, Illinois 60661
[phone]
BY: STEPHEN SWEDLOW, ESQ.
[e-mail]
ANDREW H. SCHAPIRO, ESQ.
[e-mail]
LAURA NORRIS, ESQ.
[e-mail]

DEPOSITION OF JEFFREY DUNSTAN
INDEX

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JEFFREY DUNSTAN
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EXAMINATION

PAGE

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By Mr. Swedlow

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EXHIBITS
8

NO.

DESCRIPTION

MARKED/REFERRED TO

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Exhibit 1 Document ^ CK
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Exhibit 2 Answers to Interrogatories 18
Exhibit 3 Confirmation of order for 20
PC Tools Spy Doctor.
Exhibit 4 Document
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Exhibit 5 Resumé
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Exhibit 6 Document
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Exhibit 7 Computer log
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Exhibit 8 Receipt for PC Tools
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Spyware Doctor
Exhibit 9 Document
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Exhibit 10 Screen shot of desktop
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Exhibit 11 Screen shot of desktop
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Exhibit 12 Post on SeaMonkey about
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cookies
Exhibit 13 Attachment to post on
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SeaMonkey about cookies
Exhibit 14 Google search of TurkeyWorm 63

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]

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DEPOSITION OF JEFFREY DUNSTAN
A. No, I really don't specifically.
Q. When you first discovered the problem,
had you ever heard of Relevant Knowledge?
A. No.
(Whereupon, Dunstan Exhibit 7
marked as requested.)
(Whereupon, the document was
tendered.)
BY MR. SWEDLOW:
Q. I'm handing you what's marked as Exhibit
7.
Have you ever seen that before?
A. Yes.
Q. What is this?
A. This is the log taken off my computer
from what Spy Doctor removed from my computer that
relates to Relevant Knowledge.
Q. Did you make this?
A. Yes.
Q. How did you make this?
A. I looked up the log. I located the logs
for Spy Doctor on my computer where it stores its
logs, looked at it and then printed out the section
that included entries relating to Relevant

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DEPOSITION OF JEFFREY DUNSTAN

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the scope of the discovery allowed by the court.
MR. SWEDLOW: Are you instructing the

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witness not to answer?
MR. EDELSON: No.

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BY MR. SWEDLOW:

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Q.
A.

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Q.

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What is obscured on 620?
I do not know.
What is obscured on 621?
MR. EDELSON: I'm just going to make a

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standing objection so I don't interrupt you every

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time.

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BY THE WITNESS:

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A.

I don't know.

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BY MR. SWEDLOW:

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Q. What is obscured on 615, which is the
first page?
A. Specifically I do not know.

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Q.
A.

Do you know generally?
I can guess that it was not related to

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Relevant Knowledge. It was some other stuff that it

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found, most likely cookies.

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BY MR. SWEDLOW:

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Q. If you recall earlier, we talked about
several Turkey Worm e-mail accounts that you have or

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DEPOSITION OF JEFFREY DUNSTAN
Knowledge.
Q. Do you know what is covered up by the
word "redacted" at the top?
A. Not specifically, no.
Q. Do you know generally?
A. It's been a while. I forget what was up
there.
Q. Do you know what was redacted -- if you
turn on to Page 620 at the bottom, there's like a
number system at the bottom there.
MR. EDELSON: I would like to say
something before he answers. The question, he's not
asking to you reveal what was redacted, he's just
asking if you know, because I don't want you to
reveal that.
BY THE WITNESS:
A. Okay. Repeat your question.
BY MR. SWEDLOW:
Q. All I said if you turn to Page 620.
A. Okay. In other words, you want to know
what was redacted from this space.
Q. Yes. I'll ask that. What was redacted
from the space on 620?
MR. EDELSON: Objection. That's beyond

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DEPOSITION OF JEFFREY DUNSTAN
have had over the years. I think we identified
Gleep, Earthlink, GMail and HotMail.
Do you recall that?
A. Yes.
Q. Which of those are still active e-mails
for you?
A. Earthlink, GMail, HotMail and then I
have a Yahoo account but not under Turkey Worm.
Q. And that was the Yahoo account we
already talked about?
A. Correct.
Q. Are those all the e-mail addresses that
you have active?
A. Yes.
Q. I'm handing you Exhibit 8, which is an
e-mail that was produced to us in this case.
(Whereupon, Dunstan Exhibit 8
marked as requested.)
(Whereupon, the document was
tendered.)
BY MR. SWEDLOW:
Q. Do you recognize that?
A. Yes. This is the receipt for my payment
for PC Tools Spyware Doctor.

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]