Dunstan et al v. comScore, Inc.
Filing
294
DECLARATION of Rafey S. Balabanian regarding motion to compel 293 (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 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Thomassen, Benjamin)
EXHIBIT B
quinn emanuel
trial lawyers | chicago
500 W. Madison Street, Suite 2450, Chicago, Illinois 60661-2510 | TEL (312) 705-7400 FAX (312) 705-7401
WRITER'S DIRECT DIAL NO.
(312) 705-7479
WRITER'S INTERNET ADDRESS
robynbowland@quinnemanuel.com
November 18, 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:
On November 1, 2013 Plaintiffs noticed comScore CEO Magid Abraham and General Counsel
Chris Lin for depositions in the above-referenced matter. comScore objects to these notices and
will not produce Mr. Abraham or Ms. Lin for depositions in this matter.
As recognized in the Seventh Circuit and Northern District of Illinois, although high-level
executives are not exempt from the discovery process, “courts often decline to compel the
deposition of [high level executive] witnesses absent some showing that the executive ‘has
unique or personal knowledge of the situation.” Last Atlantis Capital, LLC v. AGS Specialist
Partners, No. 04-C-0397, 2013 WL 4759581 (N.D. Ill. Sept. 4, 2013). Here, neither Mr.
Abraham nor Ms. Lin possess unique or personal knowledge related to Plaintiffs’ claims.
Mr. Abraham is not involved the day-to-day development and maintenance of the comScore
software, this is handled by employees supervised by Chief Technical Officer Mike Brown.
Moreover, comScore’s legal department handles issues related to the User License Agreement,
and other departments handle issues such as the Third Party Application program, panelist
communications, etc. Plaintiffs have already noticed comScore employees who handle these
areas. It appears Plaintiffs noticed Mr. Abraham for a deposition for no purpose other than
harassment. This is improper.
quinn emanuel urquhart & sullivan, llp
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Rafey Balabanian
November 18, 2013
Moreover, Ms. Lin also does not have unique or personal knowledge related to Plaintiffs’ claims.
Richard Weaver, the Deputy Privacy Officer, handles the day-to-day privacy issues for
comScore. Ms. Lin’s time, as one would imagine, is consumed with other legal affairs that have
nothing to do with Plaintiffs’ claims in this matter. Once again, this deposition notice appears to
be nothing more than harassment.
Plaintiffs have already noticed seven comScore employee witnesses in this matter. Mr. Abraham
and Ms. Lin have no “unique or personal knowledge” of issues surrounding Plaintiffs’ claims.
Therefore, the deposition notices issued by Plaintiffs are improper, and comScore will not
produce Mr. Abraham or Ms. Lin for depositions in this matter.
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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99999.77815/5555943.1
2
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