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)

Download PDF
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 LOS ANGELES | NEW YORK | SAN FRANCISCO | SILICON VALLEY | WASHINGTON, DC | LONDON | TOKYO | MANNHEIM | MOSCOW | HAMBURG | PARIS | 99999.77815/5555943.1 MUNICH | SYDNEY | HONG KONG 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 99999.77815/5555943.1 99999.77815/5555943.1 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?