Dunstan et al v. comScore, Inc.

Filing 225

DECLARATION of Rafey S. Balabanian regarding motion to compel 224 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Thomassen, Benjamin)

EXHIBIT 4

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 JEFF DUNSTAN'S FIRST SET OF REQUESTS
FOR PRODUCTION OF DOCUMENTS TO COMSCORE, INC.
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Defendant
comScore, Inc, ("comScore"), by its undersigned attorneys, hereby object and respond to
Plaintiff Jeff Dunstan’s (“Dunstan”) First Set of Requests for the Production of Documents to
Defendant comScore, Inc. ("Document Requests").
General Objections
The following general objections apply to each and every Document Request propounded
by Dunstan and are incorporated into each of the following responses by reference as if fully set
forth therein. comScore hereby incorporates its General Objections to Plaintiff Mike Harris’
First Set of Requests for the Production of Documents and Things (“Harris Document
Requests”) as though set forth fully herein.

04692.62386/5495726.1

1.

comScore's responses to these Document Requests shall not be construed in any

way as an admission that any definition provided by Dunstan is either factually correct or legally
binding upon comScore.
2.

comScore objects to the definition of "Collect" or “Collection” in the

"Definitions" section of the Document Requests, on the basis that it is vague and ambiguous,
overly broad, and purports to place discovery obligations on comScore that exceed those
required by the Federal Rules of Civil Procedure, the Local Rules of the Northern District of
Illinois, and/or other applicable law.
3.

comScore incorporates its General Objections by reference into each and every

response below as if fully set forth in that response, and does not waive any objection asserted in
its General Objections as to any of comScore's requests. A response to any request should not
be taken as a waiver of any specific or general objection to that request.

REQUESTS FOR PRODUCTION
REQUEST NO. 1
All Documents, ESI, Correspondence, or Communications that You used, relied upon,
reviewed, referenced, or consulted in drafting Your: (i) Answers to Plaintiff Jeff Dunstan’s First
Set of Interrogatories, (ii) Responses to Plaintiff Jeff Dunstan’s First Set of Requests for the
Production of Documents, (iii) Answers to Plaintiff Mike Harris’s Second Set of Interrogatories,
and (iv) Answer to Plaintiffs’ Second Amended Complaint. (Dkt. No. 180.)
RESPONSE TO REQUEST NO. 1
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

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burdensome, harassing and oppressive; it seeks information protected by the attorney-client
privilege, attorney work product privilege other relevant privileges or immunities, and/or violates
Fed. R. Civ. P. 26(b)(3); 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, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 2:
All Documents Relating To the design, development, operation, modification and
maintenance of Your Panelist Software.
RESPONSE TO REQUEST NO. 2
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it seeks documents related to
the development of the comScore software; and to the extent it seeks information already
produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 3:
All Communications between You and any Person, Including Your Employees and

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Bundling Partners, Relating To the design, development, operation, modification and
maintenance of Your Panelist Software.
RESPONSE TO REQUEST NO. 3
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it seeks documents related to the development of the comScore
software; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 4:
All Communications to, from, or among Mike Brown, Randy McCaskill, and Yvonne
Bigbee Relating to the design, development, operation, modification and maintenance of Your
Panelist Software.
RESPONSE TO REQUEST NO. 4
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it seeks documents related to the development of the comScore

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software; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 5:
All Documents Relating To the investigation into and termination of Your Mac Software.
RESPONSE TO REQUEST NO. 5
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to the terms
“investigation into” and “termination,” overly broad in that it seeks information unrelated to
Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence in that it seeks
documents related to the development of the comScore software; and to the extent it seeks
information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 6:
All Communications between You and any Person, Including Your Employees, Relating
To the investigation into and termination of Your Mac Software.

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RESPONSE TO REQUEST NO. 6
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to the terms
“investigation into” and “termination,” overly broad in that it seeks information unrelated to
Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence in that it seeks
documents related to the development of the comScore software; and to the extent it seeks
information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 7:
All Communications to, from, or among Mike Brown, Randy McCaskill, and Yvonne
Bigbee Relating To the design, development, deployment, investigation, and termination of Your
Mac Software.
RESPONSE TO REQUEST NO. 7
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to the terms
“investigation into” and “termination,” overly broad in that it seeks information unrelated to
Plaintiffs’ claims, unduly burdensome, harassing and oppressive; to the extent it is duplicative of
Request Nos. 4 and 6; it seeks information that is not relevant or reasonably calculated to lead to
the discovery of admissible evidence in that it seeks documents related to the development of the

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comScore software; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 8:
Any and all contracts, amendments to contracts, agreements, and written understandings
between You and any third party Relating To the design, creation, programming, maintenance,
or deployment of Your Panelist Software.
RESPONSE TO REQUEST NO. 8
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it seeks documents related to the development of the comScore
software; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 9:
All Documents and ESI Relating To any and all contracts, amendments to contract,
agreements, and written understandings between You and any third party Relating To the design,

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creation, programming, maintenance, or deployment of Your Panelist Software.
RESPONSE TO REQUEST NO. 9
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it seeks documents related to the development of the comScore
software; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 10:
All Communications Relating To any all contracts, amendments to contracts, agreements,
and understandings between You and any third party Relating To the design, creation,
programming, maintenance, or deployment of Your Panelist Software.
RESPONSE TO REQUEST NO. 10
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it seeks documents related to the development of the comScore
software; and to the extent it seeks information already produced by comScore.

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Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 11:
All Communications and Correspondence by or between Your Employees Relating to the
Collection of Personal Information from Panelists, Including Communications and
Correspondence Relating To any concern voiced by Your Employees about the Collection of
Personal Information by Your Panelist Software.
RESPONSE TO REQUEST NO. 11
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 12:
All Communications and Correspondence by or between Your Employees Relating To
the categories of information Collected from Panelists by Your Panelist Software, Including
Communications and Correspondence Relating To any concern voiced by Your Employees
about the categories of information Collected by Your Panelist Software.

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RESPONSE TO REQUEST NO. 12
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 13:
All Communications and Correspondence by or between Your Employees Relating To
the manner in which You disclose to Panelists, or potential Panelists, the types of Personal
Information Collected by Your Panelist Software.
RESPONSE TO REQUEST NO. 13
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.

10

REQUEST NO. 14:
All Communications and Correspondence by or between Your Employees Relating To
the manner in which You disclose to Panelists, or potential Panelists, the types of information
Collected by Your Panelist Software.
RESPONSE TO REQUEST NO. 14
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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 15:
All Documents Relating To the manner in which You designed Your Panelist Software to
Collect Personal Information.
RESPONSE TO REQUEST NO. 15
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it seeks documents related to
the development of the comScore software; and to the extent it seeks information already

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produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive documents,
non-privileged documents.
REQUEST NO. 16:
All Communications between You and any Person, Including Your Employees, Relating
To the Collection of Personal Information through Your Panelist Software.
RESPONSE TO REQUEST 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 in that it seeks
information unrelated to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore..
REQUEST NO. 17:
All Communications between You and any Person, Including Your Employees, Relating
To the manner in which You designed Your Panelist Software to Collect Personal Information.
RESPONSE TO REQUEST 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

12

burdensome, harassing and oppressive; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it seeks documents related to
the development of the comScore software; and to the extent it seeks information already
produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive documents,
non-privileged documents.
REQUEST NO. 18:
All Documents, Including training materials, memoranda, handbooks, and/or other
written instructions that You provided Your Employees Relating to the deployment of Your
Panelist Software.
RESPONSE TO REQUEST NO. 18
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “written
instructions” and “deployment,” overly broad, unduly burdensome, harassing and oppressive; it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 19:
All Documents, Including training manuals, memoranda, handbooks, and/or other written

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instructions that You provided Your Employees Relating To the advertising and promotion of
Your Panelist Software.
RESPONSE TO REQUEST NO. 19
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “advertising
and promotion;” 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 in that it purports to seek information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 20:
All Documents, Including training manuals, memoranda, handbooks, and/or other written
instructions that You provided Your Employees Relating To the manner in which You recruit
Persons to download and/or install Your Panelist Software.
RESPONSE TO REQUEST NO. 20
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “recruit,”
overly broad, unduly burdensome, harassing and oppressive; it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence; and to the
extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 21:
All Communications between You and any Person, including Your Employees, Relating

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to the advertisement or promotion of Your Panelist Software.
RESPONSE TO REQUEST NO. 21
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “advertising
or promotion;” 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 in that it purports to seek information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 22:
Any and all contracts, amendments to contracts, agreements, and written understandings
between You and any other Person Relating to the advertisement or promotion of Your Panelist
software.
RESPONSE TO REQUEST NO. 22
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “advertising
or promotion;” 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 in that it purports to seek information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 23:
Any and all contracts, amendments to contracts, agreements, and written understandings
between You and Your Bundling Partners Relating To Your Panelist Software.
RESPONSE TO REQUEST NO. 23
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

15

burdensome, harassing and oppressive; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; and to the extent it seeks information
already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 24:
All Documents and ESI Relating To any and all contracts, amendments to contracts,
agreements, and written understandings between You and Your Bundling Partners Relating To
Your Panelist Software.
RESPONSE TO REQUEST NO. 24
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; and to the extent it seeks information
already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 25:
All Communications Relating To any and all contracts, amendments to contracts,

16

agreements, and written understandings between You and Your Bundling Partners.
RESPONSE TO REQUEST NO. 25
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 26:
All Communications between You and Your Bundling Partners Relating To the
functionality of Your Panelist Software.
RESPONSE TO REQUEST NO. 26
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“functionality;” 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 in that it purports to seek information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 27:
All Communications to, from, or among, John O’Toole and Jennifer Kuropkat Relating
To any and all contracts, amendments to contracts, agreements, and written understandings

17

between You and Your Bundling Partners.
RESPONSE TO REQUEST NO. 27
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 28:
All Documents and ESI that disclose, discuss, refer, or Relate To the identity of Panelists
who had Panelist Software downloaded and installed onto their Computers, distinguishing
between OSSProxy and Mac Software, where applicable.
RESPONSE TO REQUEST NO. 28
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “the identity
of Panelists;” overly broad in that it purports to include panelists who are not part of the class as
certified, unduly burdensome, harassing and oppressive; and it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence in that it
purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, comScore

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responds that it is unclear what types of documents or information Plaintiffs’ seek in this request,
and therefore comScore will not produce documents responsive to this request.
REQUEST NO. 29:
All Communications between You and any Person Relating To the identity of Panelists
who had Panelist Software downloaded and installed on to their Computers, distinguishing
between OSSProxy and Mac Software, where applicable.
RESPONSE TO REQUEST NO. 29
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “the identity
of Panelists;” overly broad in that it purports to include panelists who are not part of the class as
certified, unduly burdensome, harassing and oppressive; and it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence in that it
purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, comScore
responds that it is unclear what types of documents or information Plaintiffs’ seek in this request,
and therefore comScore will not produce documents responsive to this request.
REQUEST NO. 30:
All Documents Relating To the manner in which You designed Your Panelist Software to
Filter Personal Information.
RESPONSE TO REQUEST NO. 30
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; it seeks information that is not relevant or reasonably

19

calculated to lead to the discovery of admissible evidence in that it seeks documents related to
the development of the comScore software; it seeks privileged information; and to the extent it
seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 31:
All Documents Relating To the process by which Your Panelist Software Collects and
then Filters Panelists’ Personal Information.
RESPONSE TO REQUEST NO. 31
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 32:
All Communications between You and any Person, Including Your Employees, Relating
To the manner in which You Filter Personal Information Collected through Your Panelist
Software.

20

RESPONSE TO REQUEST NO. 32
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 33:
All Documents Relating To any occurrence where You Collected Personal Information
through Your Panelist Software that was not Filtered.
RESPONSE TO REQUEST NO. 33
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.

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REQUEST NO. 34:
All Documents Relating To any occurrence where You did not Purge Personal
Information Collected through Your Panelist Software.
RESPONSE TO REQUEST NO. 34
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “did not
Purge;” overly broad in that it purports to include personal information of panelists who are not
part of the class as certified, unduly burdensome, harassing and oppressive; and it seeks
information that is not relevant or reasonably calculated to lead to the discovery of admissible
evidence in that it purports to seek information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 35:
All Communications between You and any Person, Including Your Employees, Relating
To any occurrence where You Collected Personal Information through Your Panelist Software
that was not Filtered.
RESPONSE TO REQUEST NO. 35
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.

22

REQUEST NO. 36:
All Communications between You and any Person, Including Your Employees, Relating
To any occurrence where You did not Purge Personal Information Collected through Your
Panelist Software.
RESPONSE TO REQUEST NO. 36
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “did not
Purge;” overly broad in that it purports to include personal information of panelists who are not
part of the class as certified, unduly burdensome, harassing and oppressive; and it seeks
information that is not relevant or reasonably calculated to lead to the discovery of admissible
evidence in that it purports to seek information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 37:
All Documents that Relate To or Describe Your current and past protocols, processes,
and/or procedures for identifying, processing, and/or documenting occurrences where You
Collected Personal Information through Your Panelist Software that was not Filtered.
RESPONSE TO REQUEST NO. 37
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; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence; it seeks privileged information; and to
the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged

23

documents.
REQUEST NO. 38:
All Documents Relating To any occurrence where You Purged Your database(s) of the
personal Information Identified in Your response to Document Request No. 37.
RESPONSE TO REQUEST NO. 38
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “Identified
in Your response to Document Request No. 37,” overly broad, unduly burdensome, harassing
and oppressive; it seeks information that is not relevant or reasonably calculated to lead to the
discovery of admissible evidence; it seeks privileged information; and to the extent it seeks
information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 39:
All Communications between You and any Person, Including Your Employees, Relating
To any occurrence where You Purged You database(s) of the Personal Information identified in
Your response to Document Request No. 37.
RESPONSE TO REQUEST NO. 39
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “Identified
in Your response to Document Request No. 37,” overly broad, unduly burdensome, harassing

24

and oppressive; it seeks information that is not relevant or reasonably calculated to lead to the
discovery of admissible evidence; it seeks privileged information; and to the extent it seeks
information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 40:
Any Documents, ESI, Correspondence, and Communications Relating To Your decisions
to Filter Panelists’ Personal Information, broken down by type of Personal Information and Date
You began Filtering such data.
RESPONSE TO REQUEST NO. 40
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “decisions to
Filter,” overly broad, unduly burdensome, harassing and oppressive; it seeks information that is
not relevant or reasonably calculated to lead to the discovery of admissible evidence; it seeks
privileged information; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 41:
Any Documents, ESI, Correspondence, and Communications Relating To any occasions

25

where You discovered that Personal Information intended to be Filtered was being Collected
without being Filtered, and the Dates of such discoveries.
RESPONSE TO REQUEST NO. 41
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“discovered,” overly broad, unduly burdensome, harassing and oppressive; it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence; it
seeks privileged information; and to the extent it seeks information already produced by
comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 42:
Any Documents, ESI, Correspondence, and Communications Relating To any attempt
You made to Purge Personal Information, whether successful or not, broken down by Date and
type of Personal Information You attempted to Purge.
RESPONSE TO REQUEST NO. 42
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “any
attempt,” overly broad, unduly burdensome, harassing and oppressive; it seeks information that
is not relevant or reasonably calculated to lead to the discovery of admissible evidence; it seeks
privileged information; and to the extent it seeks information already produced by comScore.
Subject to and without waiving the foregoing general and specific objections, and after a

26

reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 43:
All Communications between You and Your Employees Relating To the Terms of
Service, User License Agreements, or other agreements that You contend govern the relationship
between You and Panelists.
RESPONSE TO REQUEST NO. 43
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “other
agreements;” overly broad in that it purports to include communications regarding agreements or
portions of agreements not relevant to Plaintiffs’ claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 44:
All Communications to, from, or among, John O’Toole, Jennifer Kuropkat, Mike Brown,
Yvonne Bigbee, and Randy McCaskill Relating To the Terms of Service, User License
Agreements, or other agreements that You contend govern the relationship between You and
Panelists.
RESPONSE TO REQUEST NO. 44
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “other

27

agreements;” overly broad in that it purports to include communications regarding agreements or
portions of agreements not relevant to Plaintiffs’ claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 45:
All Documents and ESI Relating To Your decision to modify and/or amend any of the
Terms of Service, User License Agreements, or other agreements that You contend govern the
relationship between You and Panelists.
RESPONSE TO REQUEST NO. 45
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “decision to
modify and/or amend;” overly broad in that it purports to include agreements or portions of
agreements not relevant to Plaintiffs’ claims, unduly burdensome, harassing and oppressive; it
seeks privileged information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged

28

documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 46
Any Documents, ESI, Correspondence, and Communications Relating To any
Modifications to the Terms of Service, User License Agreement, Privacy Statement, or any other
Document that You contend governs the use of Your Panelist Software, resulting from changes
to Your Personal Information Collection practices.
RESPONSE TO REQUEST NO. 46
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “resulting
from changes” and “Personal Information Collection practices,” overly broad in that it purports
to include agreements or portions of agreements not relevant to Plaintiffs’ claims, unduly
burdensome, harassing and oppressive; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 47
Any Documents, ESI, Correspondence, and Communications Relating To Your decision
to begin Collecting the Following data from Panelists’ Computers, broken down by type of
information and Date You began Collecting such data:

29



The past 25 websites viewed by a Panelist prior to installation of the Panelist Software;



The content of iPod playlists, or the web browsing history of smartphones;



The names of every file stored on Panelists’ Computers; and



Information derived from PDF files viewed during web browsing sessions.

RESPONSE TO REQUEST NO. 47
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “decision to
begin Collecting,” overly broad, unduly burdensome, harassing and oppressive in that it seeks
documents related to information comScore has not and does not collect from its Panelists; it
seeks privileged information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 48
Any Documents, ESI, Correspondence, and Communications Relating To any
Modifications to the Panelists Software’s User License Agreement or Privacy Statement that
resulted from Your decision to begin Collecting the following data from Panelists’ Computers:


The past 25 websites viewed by a Panelist prior to installation of the Panelist Software;



The content of iPod playlists, or the web browsing history of smartphones;



The names of every file stored on Panelists’ Computers; and



Information derived from PDF files viewed during web browsing sessions.

30

RESPONSE TO REQUEST NO. 48
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “decision to
begin Collecting,” overly broad, unduly burdensome, harassing and oppressive in that it seeks
documents related to information comScore has not and does not collect from its Panelists; it
seeks privileged information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 49
Any Documents, ESI, Communications, or Correspondence Relating To agreements
existing between Panelists and third parties that You contend permit You to access Panelists’
Computers or information stored on Panelists’ Computers.
RESPONSE TO REQUEST NO. 49
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “agreements
existing between Panelists and third parties,” overly broad, unduly burdensome, harassing and
oppressive, and to the extent it seeks documents outside comScore’s custody or control; it seeks
privileged information; and it seeks information that is not relevant or reasonably calculated to
lead to the discovery of admissible evidence in that it purports to seek information not relevant to

31

Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 50
All Documents and ESI Relating To the Collection, retention, usage, and/or sale of the
Class’s and Subclass’s Personal Information.
RESPONSE TO REQUEST NO. 50
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; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 51
All Communications between You and any Person, Including Your Employees, Relating
To the Collection, retention ,usage, and/or sale of the Class’s and Subclass’s Personal
Information.

32

RESPONSE TO REQUEST NO. 51
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; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 52
All Documents and ESI Relating To the Collection, retention, usage, and/or sale of
Plaintiff Mike Harris’s Personal Information.
RESPONSE TO REQUEST NO. 52
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; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.

33

REQUEST NO. 53
All Communications between You and any Person, Including Your Employees, Relating
To the Collection, retention, usage, and/or sale of Plaintiff Mike Harris’s Personal Information.
RESPONSE TO REQUEST NO. 53
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; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 54
All Documents and ESI Relating To the Collection, retention, usage, and/or sale of
Plaintiff Jeff Dunstan’s Personal Information.
RESPONSE TO REQUEST NO. 54
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; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a

34

reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 55
All Communications between You and any Person, Including Your Employees, Relating
To the Collection, retention, usage, and/or sale of Plaintiff Jeff Dunstan’s Personal Information.
RESPONSE TO REQUEST NO. 55
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; it seeks privileged information; and it seeks information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence in
that it purports to seek information not relevant to Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 56
All Documents and ESI sufficient to Identify the top-line revenue generated from You
sharing, selling, transmitting, and/or disclosing of the Class’s and Subclass’s Personal
Information (broken down by year).
RESPONSE TO REQUEST NO. 56
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “top-line

35

revenue,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged and
highly-sensitive financial information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims and/or damages theories.
REQUEST NO. 57
All Communications between You and any Person, Including Your Employees, Relating
To the top-line revenue generated from You sharing, selling, transmitting, and/or disclosing of
the Class’s and Subclass’s Personal Information.
RESPONSE TO REQUEST NO. 57
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “top-line
revenue,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged and
highly-sensitive financial information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims and/or damages theories.
REQUEST NO. 58
All Documents and ESI Relating To the amount of monies or other tangible benefits that
You received from sharing, selling, transmitting, and/or disclosing the Class’s and Subclass’s
Personal Information (broken down by year).
RESPONSE TO REQUEST NO. 58
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “tangible
benefits,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged and

36

highly-sensitive financial information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims and/or damages theories.
REQUEST NO. 59
All Communications between You and any Person, Including Your Employees, Relating
To the amount of monies or other tangible benefits that You received from sharing, selling,
transmitting, and/or disclosing the Class’s and Subclass’s Personal Information (broken down by
year).
RESPONSE TO REQUEST NO. 59
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “tangible
benefits,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged and
highly-sensitive financial information; and it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims and/or damages theories.
REQUEST NO. 60
All Documents sufficient to Identify Your total net worth as of the Date of Your response to this
Document Request.
RESPONSE TO REQUEST NO. 60
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; it seeks privileged and highly-sensitive financial
information; and it seeks information that is not relevant or reasonably calculated to lead to the

37

discovery of admissible evidence in that it purports to seek information not relevant to Plaintiffs’
remaining claims and/or damages theories.
REQUEST NO. 61
All Communications between You and any Person, Including Your Employees, Relating to Your
total net worth as of the Date of Your response to this Document.
RESPONSE TO REQUEST NO. 61
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; it seeks privileged and highly-sensitive financial
information; and it seeks information that is not relevant or reasonably calculated to lead to the
discovery of admissible evidence in that it purports to seek information not relevant to Plaintiffs’
remaining claims and/or damages theories.
REQUEST NO. 62
All Documents and ESI Related to any requests or orders whether pending or otherwise,
for access to Your Panelists’ Personal Information.
RESPONSE TO REQUEST NO. 62
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “requests or
orders,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged and
highly-sensitive competitive information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims and/or damages theories.

38

REQUEST NO. 63
All Communications Relating To any requests or orders, whether pending or otherwise,
for access to Your Panelists’ Personal Information.
RESPONSE TO REQUEST NO. 63
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “requests or
orders,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged and
highly-sensitive competitive information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims and/or damages theories.
REQUEST NO. 64
All Documents and ESI Relating To any contracts, amendments to contracts, agreements,
and understanding between You and Trees for the Future, NPO.
RESPONSE TO REQUEST NO. 64
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“understanding,” overly broad, unduly burdensome, harassing and oppressive; it seeks privileged
information; and it seeks information that is not relevant or reasonably calculated to lead to the
discovery of admissible evidence in that it purports to seek information not relevant to Plaintiffs’
remaining claims.
REQUEST NO. 65
Any and all contracts, amendments to contracts, agreements, and understandings between
You and Trees for the Future, NPO.

39

RESPONSE TO REQUEST NO. 65
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“understandings,” overly broad, unduly burdensome, harassing and oppressive; it seeks
privileged information; and it seeks information that is not relevant or reasonably calculated to
lead to the discovery of admissible evidence in that it purports to seek information not relevant to
Plaintiffs’ remaining claims.
REQUEST NO. 66
All Communications between You and any Person, Including Your Employees, Relating
To any contracts, amendments to contracts, agreements, and understandings between You and
Trees for the Future, NPO, Including Communications between You and any Person employed
or acting on behalf of Trees For the Future, NPO.
RESPONSE TO REQUEST NO. 66
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“understandings” and “acting on behalf of,” overly broad, unduly burdensome, harassing and
oppressive; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 67
All Documents and ESI Relating To the number of trees that have been planted by or on
behalf of Trees For the Future, NPO specifically as a result of Class and Subclass members
downloading and installing Your Panelist Software.

40

RESPONSE TO REQUEST NO. 67
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “on behalf
of” and “as a result of,” overly broad, unduly burdensome, harassing and oppressive; it seeks
privileged information; and it seeks information that is not relevant or reasonably calculated to
lead to the discovery of admissible evidence in that it purports to seek information not relevant to
Plaintiffs’ remaining claims.
REQUEST NO. 68
All Communications between You and any Person, Including Your Employees, Relating
To the number of trees that have been planted by or on behalf of Trees For the Future, NPO
specifically as a result of Class and Subclass members downloading and installing Your Panelist
Software.
RESPONSE TO REQUEST NO. 68
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “on behalf
of” and “as a result of,” overly broad, unduly burdensome, harassing and oppressive; it seeks
privileged information; and it seeks information that is not relevant or reasonably calculated to
lead to the discovery of admissible evidence in that it purports to seek information not relevant to
Plaintiffs’ remaining claims.
REQUEST NO. 69
Any and all contracts, amendments to contracts, agreements, and written understandings
between You and the Amici Curiae.

41

RESPONSE TO REQUEST NO. 69
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “written
understandings,” overly broad in that it is not limited to documents related to Plaintiffs’
remaining claims, unduly burdensome, harassing and oppressive; it seeks privileged information;
and it seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
REQUEST NO. 70
All Communications between You and the Amici Curiae Relating To any allegations
contained in the Complaint or to the facts at issue in this litigation.
RESPONSE TO REQUEST NO. 70
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “to the facts
at issue in this litigation,” overly broad in that it is not limited to documents related to Plaintiffs’
remaining claims, unduly burdensome, harassing and oppressive; it seeks privileged information;
and it seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
REQUEST NO. 71
All Communications between You and the Amici Curiae Relating To the amicus brief
filed in support of Your appeal of the class certification order pursuant to Fed. R. Civ. P. 23(f).

42

RESPONSE TO REQUEST NO. 71
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 in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 72
All Communications between You and any Person, Including Your Employees, Relating
to the Amici Curiae.
RESPONSE TO REQUEST NO. 72
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 in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 73
All Communications between You and any Person, Including Your Employees, Relating
To the amicus brief filed in support of Your appeal of the class certification order pursuant to
Fed. R. Civ. P. 23(f).
RESPONSE TO REQUEST NO. 73
comScore incorporates each of its general objections by reference. comScore further

43

objects to this request on the grounds that it is vague and ambiguous, overly broad in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 74
All Documents and ESI Relating To complaints about Your Panelist Software, Including
complaints about the installation and/or removal of Your Panelist Software.
RESPONSE TO REQUEST NO. 74
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“complaints,” overly broad in that it is not limited to documents related to Plaintiffs’ remaining
claims, unduly burdensome, harassing and oppressive; it seeks privileged information; and it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
REQUEST NO. 75
All Communications between You and any Person, Including Your Employees, Relating
To complaints about Your Panelist Software.
RESPONSE TO REQUEST NO. 75
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“complaints,” overly broad in that it is not limited to documents related to Plaintiffs’ remaining

44

claims, unduly burdensome, harassing and oppressive; it seeks privileged information; and it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
REQUEST NO. 76
All Communications between You and Your Bundling Partners Relating To complaints
about Your Panelist Software.
RESPONSE TO REQUEST NO. 76
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“complaints,” overly broad in that it is not limited to documents related to Plaintiffs’ remaining
claims, unduly burdensome, harassing and oppressive; it seeks privileged information; and it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
REQUEST NO. 77
All Communications to, from, or among John O’Toole, Helena Barkman, and Jenny
Ahujua Relating To complaints about Your Panelist Software.
RESPONSE TO REQUEST NO. 77
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to
“complaints,” overly broad in that it is not limited to documents related to Plaintiffs’ remaining
claims, unduly burdensome, harassing and oppressive; it seeks privileged information; and it

45

seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
REQUEST NO. 78
All Documents and ESI Related To any third party privacy audits of Your data Collection
practices, Including privacy audits Relating To Your Collection of Panelists’ Personal
Information through Your Panelist Software.
RESPONSE TO REQUEST NO. 78
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “privacy
audits” and “data Collection practices,” overly broad in that it is not limited to documents related
to Plaintiffs’ remaining claims, unduly burdensome, harassing and oppressive; it seeks privileged
information; and it seeks information that is not relevant or reasonably calculated to lead to the
discovery of admissible evidence in that it purports to seek information not relevant to Plaintiffs’
remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 79
All Communications between You and any Person, Including Your Employees, Relating
To any third party privacy audits of Your data Collection practices.

46

RESPONSE TO REQUEST NO. 79
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “privacy
audits” and “data Collection practices,” overly broad in that it is not limited to documents related
to Plaintiffs’ remaining claims, unduly burdensome, harassing and oppressive; it seeks privileged
information; and it seeks information that is not relevant or reasonably calculated to lead to the
discovery of admissible evidence in that it purports to seek information not relevant to Plaintiffs’
remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 80
Any Documents, ESI, Correspondence, and Communications Relating To Your decision
to begin Collecting the following Personal Information from Panelists’ Computers, broken down
by type of Personal Information and Date You began Collecting such data:


Name;



Address;



Age;



Zip code;



Phone number;



Credit card number;



Bank account number;

47



Username; and



Password.

RESPONSE TO REQUEST NO. 80
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “decision to
begin,” overly broad in that it is not limited to documents related to Plaintiffs’ remaining claims,
unduly burdensome, harassing and oppressive in that it seeks documents related to information
comScore has not and does not collect from its Panelists; it seeks privileged information; and it
seeks information that is not relevant or reasonably calculated to lead to the discovery of
admissible evidence in that it purports to seek information not relevant to Plaintiffs’ remaining
claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 81
Any Documents, ESI relating to the following companies:


TMRG, Inc.;



VoiceFive, Inc.;



CreativeKnowledge, Inc.;



Nedstat, Inc; and



Knowledge Networks, Inc.

RESPONSE TO REQUEST NO. 81
comScore incorporates each of its general objections by reference. comScore further

48

objects to this request on the grounds that it is vague and ambiguous, overly broad in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive in that it seeks documents related to companies that do not collect information from
Panelists; it seeks privileged information; and it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence in that it purports to seek
information not relevant to Plaintiffs’ remaining claims.
REQUEST NO. 82
All Communications and Correspondence between any of Your officers, directors, or
Employees on the one hand, and representatives of the following companies on the other hand:


TMRG, Inc.;



VoiceFive, Inc.;



CreativeKnowledge, Inc.;



Nedstat, Inc; and



Knowledge Networks, Inc.

RESPONSE TO REQUEST NO. 82
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “on the one
hand” and “on the other hand,” overly broad in that it is not limited to documents related to
Plaintiffs’ remaining claims, unduly burdensome, harassing and oppressive in that it seeks
documents related to companies that do not collect information from Panelists; it seeks
privileged information; and it seeks information that is not relevant or reasonably calculated to
lead to the discovery of admissible evidence in that it purports to seek information not relevant to
Plaintiffs’ remaining claims.

49

REQUEST NO. 83
All Documents, ESI, Correspondence or Communications that You contend permit You
to access data Collected by the following companies:


TMRG, Inc.;



VoiceFive, Inc.;



CreativeKnowledge, Inc.;



Nedstat, Inc; and



Knowledge Networks, Inc.

RESPONSE TO REQUEST NO. 83
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “access data
Collected by the following companies,” overly broad in that it is not limited to documents related
to Plaintiffs’ remaining claims, unduly burdensome, harassing and oppressive in that it seeks
documents related to companies that do not collect information from Panelists; it seeks
privileged information; and it seeks information that is not relevant or reasonably calculated to
lead to the discovery of admissible evidence in that it purports to seek information not relevant to
Plaintiffs’ remaining claims.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore will produce copies of located, responsive, relevant, non-privileged
documents to the extent that such documents exist and are in comScore's custody or control that
have not already been produced by comScore.
REQUEST NO. 84
Any expert reports prepared on Your behalf Relating To the allegations in the Complaint.

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RESPONSE TO REQUEST NO. 84
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 in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims.; it seeks information already produced by comScore;
and seeks to circumvent the Court’s scheduling orders in this case and Fed. R. Civ. P. 26.
Subject to and without waiving the foregoing objections, comScore responds that it
served expert reports related to class certification in accordance with the Court’s orders, and will
serve its remaining expert reports at the time and in the manner prescribed by the Court.
REQUEST NO. 85
All Documents and ESI Relating To Your data destruction, disposal, and/or preservation
policies.
RESPONSE TO REQUEST NO. 85
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 in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; it seeks information that is not relevant or reasonably
calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims.; and it seeks information already produced by
comScore.
Subject to and without waiving the foregoing general and specific objections, and after a

51

reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 86
For all Documents, ESI, Correspondence or Communications requested and/or produced,
please produce any and all correspondence uncompiled source code and object code written to
generate or create such document.
RESPONSE TO REQUEST NO. 86
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “written to
generate or create” and “correspondence uncompiled source code and object code,” overly broad
in that it is not limited to documents related to Plaintiffs’ remaining claims, unduly burdensome,
harassing and oppressive in that it seeks uncompiled source code and object code for every
document produced by comScore; it seeks privileged information; it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence; and it seeks
information not in the custody or control of comScore.
REQUEST NO. 87
All Documents, ESI, Correspondence, or Communications that You used, relied upon,
reviewed, referenced, or consulted in drafting any public response(s) to this lawsuit.
RESPONSE TO REQUEST NO. 87
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 in that it is not
limited to documents related to Plaintiffs’ remaining claims, unduly burdensome, harassing and
oppressive; it seeks privileged information; it seeks information that is not relevant or reasonably

52

calculated to lead to the discovery of admissible evidence in that it purports to seek information
not relevant to Plaintiffs’ remaining claims.; and it seeks information already produced by
comScore.
Subject to and without waiving the foregoing general and specific objections, and after a
reasonable search, comScore responds that it has already produced all responsive, non-privileged
documents.
REQUEST NO. 88
Any and all policies of liability insurance under which You were named or covered
during the Relevant Time Period.
RESPONSE TO REQUEST NO. 88
comScore incorporates each of its general objections by reference. comScore further
objects to this request on the grounds that it is vague and ambiguous with respect to “named or
covered,” overly broad in that it is not limited to documents related to Plaintiffs’ remaining
claims, unduly burdensome, harassing and oppressive; and it seeks information that is not
relevant or reasonably calculated to lead to the discovery of admissible evidence in that it
purports to seek information not relevant to Plaintiffs’ remaining claims.

DATED: August 30, 2013

By

/s/ Andrew Schapiro

Andrew Schapiro
Email: [e-mail]
Stephen Swedlow
Email: [e-mail]
Robyn Bowland
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP

53

500 West Madison Street, Suite 2450
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]
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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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of DEFENDANT
COMSCORE, INC.'S RESPONSES TO PLAINTIFF DUNSTAN'S FIRST SET OF
REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS has been caused to be
served on August 30, 2013 to all counsel of record via email and Federal Express.
_/s/ Robyn M. Bowland _____
Robyn M. Bowland

55