Case 5:21-cv-04653-BLF Document 123-9 Filed 05/03/22 Page 1 of 3
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`Exhibit 8
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`Case 5:21-cv-04653-BLF Document 123-9 Filed 05/03/22 Page 2 of 3
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`2001 ROSS AVENUE
`SUITE 900
`DALLAS, TEXAS
`75201-2980
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`TEL +1 214.953.6500
`FAX +1 214.953.6503
`BakerBotts.com
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`AUSTIN
`BRUSSELS
`DALLAS
`DUBAI
`HONG KONG
`HOUSTON
`LONDON
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`MOSCOW
`NEW YORK
`PALO ALTO
`RIYADH
`SAN FRANCISCO
`WASHINGTON
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`November 8, 2021
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`VIA E-MAIL (VRUBINO@FABRICANTLLP.COM)
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`Vincent J. Rubino
`Fabricant LLP
`411 Theodore Fremd Ave., Ste. 206 S
`Rye, New York 10580
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`Bethany Salpietra
`TEL: 2149536765
`FAX: 2146614765
`bethany.salpietra@bakerbotts.com
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`Re: AGIS Software Development LLC v. T-Mobile USA, Inc., et al.
`Case No. 2:21-cv-00072-JRG (E.D. Tex.) (Lead Case)
`AGIS Software Development LLC v. Lyft, Inc.,
`Case No. 2:21-cv-00024-JRG (E.D. Tex.) (Member Case)
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`Dear Vincent:
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`I write regarding Plaintiff AGIS Software Development LLC’s (“AGIS” or “You”)
`deficient document production, and specifically with respect to AGIS’s production of minutes
`from board and shareholder meetings of Advanced Ground Information Systems, Inc. and AGIS
`Holdings, Inc.
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`Lyft informed AGIS on October 13, 2021—nearly a week before Lyft was to take the
`deposition of Ms. Margaret Beyer—that AGIS’s document production failed to include any of the
`board meeting minutes that Ms. Beyer had previously testified about in both the Life360 case (Case
`No. 9:14-cv-80651) and the Huawei et al. case (2:17-cv-00513). See B. Salpietra 10/13/21 Email.
`Lyft requested, in this same email, that AGIS produce such materials. Id. AGIS did not respond
`to Lyft’s initial correspondence regarding the unproduced board meeting minutes, and Lyft sent a
`follow-up email to AGIS regarding these and other missing materials on October 18, 2021. See
`B. Salpietra 10/18/21 Email. AGIS responded to Lyft’s emails concerning the board meeting
`minutes less than twelve hours before Ms. Beyer’s scheduled deposition, stating that the “meeting
`minutes were produced as AGISSOFTWARE_0643749.” See A. Park 10/18/21 Email. Ms.
`Beyer confirmed, however, that the minutes AGIS identified in its 10/18/21 email were not the
`board meeting minutes that Ms. Beyer had referred to in her previous depositions. See ROUGH
`Depo. Tr. of Margaret Beyer at 79:14-18 (“Q: So [AGISSOFTWARE_0643749] is not a document
`that reflects minutes that you took in your role as secretary for one of the AGIS entities that we
`have discussed today? A: Positively not.”).
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`Lyft continued to follow-up with AGIS regarding the missing meeting minutes numerous
`times following Ms. Beyer’s deposition. See B. Salpietra 10/25/21 Email; B. Salpietra 11/1/21
`Email. These emails were met with assurances from AGIS that such materials would be produced.
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`Case 5:21-cv-04653-BLF Document 123-9 Filed 05/03/22 Page 3 of 3
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`Vincent J. Rubino
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`See, e.g., E. Iturralde 11/2/21 Email (“Regarding the board meeting minutes that came up during
`Ms. Beyer’s deposition, we confirm that we will produce them before the close of fact discovery.”).
`Indeed, at the parties’ November 3, 2021 meet-and-confer to discuss discovery deficiencies, AGIS
`confirmed that its forthcoming document production would include the missing meeting minutes.
`In view of this representation, Lyft did not include this discovery dispute in its motion to compel
`that was filed later that evening. See Dkt. 199.
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`November 8, 2021
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`Although AGIS ultimately produced some meeting minutes on November 3, 2021, this
`production appears to be woefully incomplete. Rather than producing all minutes from the minute
`books of Advanced Ground Information Systems, Inc. and AGIS Holdings, Inc.—as Lyft
`understood AGIS to be doing—AGIS has made a selective production of the requested minutes,
`and has produced minutes for only three meetings. See AGISSOFTWARE_0660138 -
`AGISSOFTWARE_0660160; see also ROUGH Depo. Tr. of Margaret Beyer at 27:2-5. Lyft has
`indisputably been prejudiced by AGIS’s eleventh hour production of an incomplete set of meeting
`minutes (at least because Lyft has been unable to question any AGIS witnesses about the content
`of such minutes and due to Lyft’s reliance on AGIS’s assurances that such minutes would be
`produced) and demands that AGIS promptly produce any and all remaining minutes from the
`minute books for Advanced Ground Information Systems, Inc. and AGIS Holdings, Inc., as
`referenced by Ms. Beyer during her October 19, 2021 deposition.
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`Please let us know immediately whether AGIS will produce the remaining minutes on or
`before Thursday, November 11, 2021. Otherwise, please provide AGIS’s availability for a lead
`and local meet-and-confer on Friday, November 12, 2021.
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`CC: All counsel of record
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`Respectfully,
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`Bethany Salpietra
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