Dunstan et al v. comScore, Inc.

Filing 176

DECLARATION of Robyn Bowland regarding memorandum in opposition to motion 175 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Errata J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Bowland, Robyn)

EXHIBIT I

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of similarly
situated individuals,
Plaintiffs,
v.
COMSCORE, INC., a Delaware corporation,
Defendant.

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) Case No. 1:11-cv-5807 SI
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DEFENDANT COMSCORE, INC.'S RESPONSES
TO PLAINTIFF HARRIS' FIRST SET OF INTERROGATORIES
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and the
Memorandum and Opinion Order granting bifurcation of discovery entered March 2, 2012
("Bifurcation Order"), Defendant comScore, Inc, ("comScore"), by its undersigned attorneys,
hereby object and respond to Plaintiff Mike Harris' ("Harris") First Set of Interrogatories
("Interrogatories").
General Objections
The following general objections apply to each and every Interrogatory propounded by
Harris and are incorporated into each of the following responses by reference as if fully set forth
therein.

04692.62386/4671558.1

INTERROGATORY NO. 16:
IDENTIFY and DESCRIBE each type of information that YOUR WINDOWS
SOFTWARE monitors, collects, retains, and/or transmits from PC PANELISTS.
RESPONSE TO INTERROGATORY NO. 16
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous, overly broad, unduly
burdensome, harassing and oppressive; seeks confidential and proprietary information, and it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence. Subject to and without waiving the foregoing general and specific
objections, comScore replies:
See documents produced in Response to Interrogatory No. 1.
INTERROGATORY NO. 17:
IDENTIFY and DESCRIBE each type of information that YOUR MACINTOSH
SOFTWARE monitors, collects, retains, or transmits about MAC PANELISTS.
RESPONSE TO INTERROGATORY NO. 17
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous, overly broad, unduly
burdensome, harassing and oppressive; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence. Subject to and without waiving the
foregoing general and specific objections, comScore replies:
None. comScore terminated its attempts to create a commercial version of Mac-based
comScore software on or about September 25, 2010. To the best of comScore's knowledge,
none of the data collected by the beta version of the comScore software was ever shared with, or

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sold to, a third party.
See also comScore's Response to Interrogatory No. 16.
INTERROGATORY NO. 18:
IDENTIFY and DESCRIBE YOUR relationship with Trees for the Future, NPO and
IDENTIFY the total number of trees that have been planted as a result of such relationship.
RESPONSE TO INTERROGATORY NO. 18
comScore's obligation to respond to Interrogatory No. 18 is stayed pursuant to Magistrate
Judge Kim's Bifurcation Order issued March 2, 2012.
INTERROGATORY NO. 19:
DESCRIBE YOUR investigation of the MAC PANEL, INCLUDING the reasons for its
ultimate termination, and IDENTIFY ALL DOCUMENTS RELATING TO such investigation.
RESPONSE TO INTERROGATORY NO. 19
comScore's obligation to respond to Interrogatory No. 19 is stayed pursuant to Magistrate
Judge Kim's Bifurcation Order issued March 2, 2012.
INTERROGATORY NO. 20:
IDENTIFY each PERSON involved in drafting YOUR public response to this lawsuit,
which is accessible at the following URL:
http://www.comscore.com/About_comScore/Methodology/Privacy/comScore_Response_to_Ede
lson_McGuire_Lawsuit.
RESPONSE TO INTERROGATORY NO. 20
comScore's obligation to respond to Interrogatory No. 20 is stayed pursuant to Magistrate
Judge Kim's Bifurcation Order issued March 2, 2012.

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burdensome, harassing and oppressive; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; and it seeks to circumvent the parties'
agreement regarding disclosure of expert witnesses and expert witness reports as memorialized
in the Form 52 entered in this case.
Subject to and without waiving the foregoing general and specific objections, comScore
states that comScore will disclose any expert witnesses, and said witnesses' opinions and
qualifications, in accordance with the parties' agreement as memorialized on the Form 52 entered
in this case.

DATED: March 23, 2012

By

/s/ Robyn M. Bowland

Andrew Schapiro
Email: [e-mail]
Stephen Swedlow
Email: [e-mail]
Amanda Williamson
[e-mail]
Robyn Bowland
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]

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Paul F. Stack
[e-mail]
Mark William Wallin
[e-mail]
Stack & O'Connor Chartered
140 South Dearborn Street
Suite 411
Chicago, IL 60603
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant comScore, Inc.

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