Dunstan et al v. comScore, Inc.

Filing 255

DECLARATION of Robyn Bowland regarding response in opposition to motion 254 (Attachments: # 1 Exhibit A, # 2 Exhibit B (filed under seal), # 3 Exhibit C, # 4 Exhibit D)(Bowland, Robyn)

EXHIBIT A

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quinn emanuel

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November 1, 2013
VIA E-MAIL
Rafey Balabanian
Edelson LLC
350 N. LaSalle Dr., Ste. 1300
Chicago, IL 60654
Re:

Dunstan et al. v. comScore, Inc., Case No. 1:11-cv-5807

Dear Rafey:
I write in response to your letter of October 28, 2013 and the parties’ meet and confer on October
30, 2013.
Noticed Depositions of Class Plaintiffs

quinn emanuel urquhart & sullivan, llp
LOS ANGELES | NEW YORK | SAN FRANCISCO | SILICON VALLEY | WASHINGTON, DC | LONDON | TOKYO | MANNHEIM | MOSCOW | HAMBURG | PARIS |

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MUNICH | SYDNEY | HONG KONG

Rafey Balabanian
November 1, 2013

Emails of Certain comScore Executives
During the meet and confer, Plaintiffs complained that comScore failed to produce all emails
from certain comScore Executives—namely Magid Abraham, Linda Abraham, and Chris Lin.
comScore explained that it made a good faith search for documents relevant to Plaintiffs’
Document Requests and produced all relevant, non-privileged documents it uncovered by
identifying document custodians responsible for areas in which those documents might be
located. Plaintiffs have failed to explain what category of documents and/or Document Request
responses Plaintiffs feel are deficient related to these Executives. comScore made a good faith
effort to produce documents responsive to Plaintiffs’ requests, and will not supplement its
production.
Complaints outside comScore’s Complaint System
Plaintiffs also complained that comScore failed to produce complaints that were received by
comScore outside its Complaint system. By way of background, comScore maintains several
complaint email addresses. When a complaint is received in one of these accounts, the
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Rafey Balabanian
November 1, 2013

complaint is processed and responded to using comScore’s Complaint system. A record of all of
these Complaints was produced pursuant to an agreement of the parties. Additionally, and as
discussed on the phone, comScore produced any complaints it found during a review of the
collected documents that were, for whatever reason, not submitted through the Complaint
system. However, Plaintiffs complain that there must be additional complaints that comScore
received outside the Complaint system, including complaints Plaintiffs believe comScore must
have received from Universities or similar institutions.
comScore made a good faith effort to produce all relevant, non-privileged documents responsive
to Plaintiff’s requests. What Plaintiffs suggest is required is that comScore go back and search
every single document and email ever received by the company to determine whether or not the
document or email constitutes a complaint. This far exceeds the “good faith” requirement of the
Federal Rules, and would be unduly burdensome. Additionally, to the extent Plaintiffs’ claims
regarding universities rely on public statements by those universities or policies restricting users
from downloading comScore’s software, these statements and policies primarily occurred prior
to 2005, and the universities did not complain to comScore. Thus, comScore has no relevant
“complaints” from these universities to produce.
Documents Regarding ULA Revisions
comScore explained during the meet and confer that many of the documents responsive to
Plaintiffs’ requests regarding revisions to the ULA are privileged, and were therefore not
produced. Plaintiffs requested a date certain for a privilege log listing documents withheld due
to privilege from comScore’s production. comScore will produce a privilege log no later than
November 8, 2013.
Plaintiffs’ Amended Notice Plan

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Rafey Balabanian
November 1, 2013

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Rafey Balabanian
November 1, 2013

Regards,
/s/ Robyn Bowland
Robyn Bowland

cc:

Jay Edelson
Ari Scharg
Ben Thomassen
Chandler Givens
David Mindell
Andrew Schapiro
Stephen Swedlow
Paul Stack

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