Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 1 of 15
`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 1 of 15
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 13
`EXHIBIT 13
`
`
`
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 2 of 15
`
`
`
`BAKER BOTTS L.L.P.
`Jeremy J. Taylor (SBN 249075)
`jeremy.taylor@bakerbotts.com
`Arya Moshiri (SBN 324231)
`arya.moshiri@bakerbotts.com
`101 California St., Ste. 3600
`San Francisco, CA 94111
`Telephone: 415.291.6200
`Facsimile: 415.291.6300
`Bethany R. Salpietra (pro hac vice)
`bethany.salpietra@bakerbotts.com
`2001 Ross Ave., Ste. 900
`Dallas, TX 75201
`Telephone: 214.953.6500
`Facsimile: 214.953.6503
`
`Attorneys for Plaintiff Lyft, Inc.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`Case No. 5:21-cv-04653-BLF
`
`
`LYFT, INC.
`
`Plaintiff,
`
`v.
`AGIS SOFTWARE DEVELOPMENT LLC,
`Defendant.
`
`PLAINTIFF LYFT, INC.’S NOTICE OF
`SUBPOENA TO AGIS HOLDINGS, INC.
`
`
`
`
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`LYFT, INC.’S NOTICE OF
`SUBPOENA TO AGIS HOLDINGS, INC.
`
`
`
`Case No. 5:21-cv-04653-BLF
`
`

`

`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 3 of 15
`
`
`
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that, pursuant to Rules 34 and 45 of the Federal Rules of Civil
`Procedure, counsel for Plaintiff Lyft, Inc. (“Lyft”), will be issuing the attached subpoena to AGIS
`Holdings, Inc.
`
`Dated: February 4, 2022
`
`
`
`
`
`
`
`
`
`
`By:
`
` Respectfully submitted,
`
`/s/ Bethany R. Salpietra
`Bethany R. Salpietra
`
`Jeremy J. Taylor (SBN 249075)
`Arya Moshiri (SBN 324231)
`jeremy.taylor@bakerbotts.com
`arya.moshiri@bakerbotts.com
`BAKER BOTTS L.L.P.
`101 California St., Ste. 3600
`San Francisco, CA 94111
`Telephone: 415.291.6200
`Facsimile: 415.291.6300
`
`Bethany R. Salpietra (pro hac vice)
`bethany.salpietra@bakerbotts.com
`BAKER BOTTS L.L.P.
`2001 Ross Ave., Ste. 900
`Dallas, TX 75201
`Telephone: 214.953.6500
`Facsimile: 214.953.6503
`
`Attorneys for Plaintiff Lyft, Inc.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that all counsel of record who have consented to electronic service are
`being served with a copy of this document via electronic mail on February 4, 2022.
`
`
`
`
`
`/s/ Bethany R. Salpietra
`Bethany R. Salpietra
`
`
`LYFT, INC.’S NOTICE OF
`SUBPOENA TO AGIS HOLDINGS, INC.
`
`
`
`Case No. 5:21-cv-04653-BLF
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 4 of 15
`
`AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
`
`Civil Action No.
`
`))))))
`
`Plaintiff
`v.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`(Name of person to whom this subpoena is directed)
`’ Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must promptly confer in good faith with the
`party serving this subpoena about the following matters, or those set forth in an attachment, and you must designate one
`or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about
`these matters:
`
`Place:
`
`Date and Time:
`
`The deposition will be recorded by this method:
`
`’ Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`Northern District of California
`
`Lyft, Inc.
`
`5:21-cv-04653-BLF
`
`AGIS Software Development LLC
`
`AGIS Holdings, Inc.
`c/o BEYER, MALCOLM K JR, 92 Lighthouse Dr., Jupiter, FL 33469
`
`4
`
`See Attachment A
`
`Baker Botts L.L.P., 101 California Street, Suite 3600
`San Francisco, CA 9411
`
`03/04/2022 9:00 am
`
`4
`
`See Attachment A
`
`02/04/2022
`
`/s/ Bethany R. Salpietra
`
`Lyft, Inc.
`
`Bethany Salpietra, Baker Botts L.L.P, 2001 Ross Ave., Ste. 900, Dallas, TX 75201
`214-953-6765, bethany.salpietra@bakerbotts.com
`
`stenographic and videographic means
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 5 of 15
`
`AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`’ I served the subpoena by delivering a copy to the named individual as follows:
`
`’ I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`5:21-cv-04653-BLF
`
`0.00
`
`Print
`
`Save As...
`
`Add Attachment
`
`Reset
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 6 of 15
`
`AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(c) Place of Compliance.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
`(3) Quashing or Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(e) Duties in Responding to a Subpoena.
`
`(1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 7 of 15
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`The requests, as well as the instructions provided below, are subject to and
`
`incorporate the following definitions and instructions as used herein, regardless of whether upper
`
`or lower case letters are used:
`
`2.
`
`“AGIS Holdings, Inc.” “You,” and “Your,” means AGIS Holdings, Inc.,
`
`including Your agents, representatives, attorneys, and any other entities that are owned or
`
`controlled by AGIS Holdings, Inc. or that possess Documents within the control of AGIS
`
`Holdings, Inc.
`
`3.
`
` “Action” or “this Litigation” shall means the above-captioned proceeding in the
`
`United States District Court for the Northern District of California, with case number 5:21-CV-
`
`04653-BLF.
`
`4.
`
`“AGIS Software Development LLC” or “Plaintiff,” shall each mean and refer to
`
`AGIS Software Development LLC, individually and collectively, including their agents, officers,
`
`directors, employees, consultants, representatives, attorneys, predecessors and successors in
`
`interest, subsidiaries, affiliates, parents, divisions, joint ventures, licensees, franchisees, assigns,
`
`members and related entities, and any other legal entities, whether foreign or domestic that are
`
`owned or controlled by AGIS Software Development LLC, and all predecessors and successors
`
`in interest to such entities, and any entity owned in whole or in part by, affiliated with, or
`
`controlled in whole or in part by AGIS Software Development LLC, as well as the agents,
`
`officers, directors, employees, consultants, representatives and attorneys of any such entities.
`
`5.
`
`“Third Party” or “Third Parties” means anyone other than Lyft or AGIS Holdings,
`
`Inc.
`
`1
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 8 of 15
`
`6.
`
`“Document” shall have the broadest meaning permitted under the Federal Rules
`
`of Civil Procedure and the Federal Rules of Evidence, and includes writings, recordings,
`
`photographs, phonorecords, videos, drawings, charts, and other graphic matter that is or has been
`
`in AGIS’s actual or constructive possession or control. “Document” includes any tangible
`
`expression regardless of the manner or medium in which the record is produced, reproduced, or
`
`stored, including without limitation any written, printed, typed, recorded, photographed,
`
`photocopied, taped, graphic, or other matter, in whatever form and whether in final or draft form.
`
`“Document” further includes electronically stored information, including without limitation
`
`electronic mail, electronic information stored on computer drives, diskettes, tapes, CDs, or other
`
`computer media, as well as any other information stored magnetically, electronically, optically,
`
`or mechanically. A draft or non-identical copy is a separate document within the meaning of this
`
`term. Any document bearing marks, including, without limitation, initials, stamped indicia,
`
`comments, or notations not part of the original document or photographic reproduction thereof,
`
`is a separate document.
`
`7.
`
`“Thing” means all categories of tangible objects not included within the definition
`
`of “Document.”
`
`8.
`
`“Communication” means, without limitation, any transmittal of information in the
`
`form of facts, ideas, inquiries or otherwise, whether written, oral, or visual, and whether in
`
`person or by telephone, letter, or any other medium and any attachments thereto. A document or
`
`thing transferred, whether temporarily or permanently, from one person to another shall be
`
`deemed to be a communication between such persons whether or not such document or thing
`
`was prepared or created by the transferor or addressed to the transferee.
`
`2
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 9 of 15
`
`9.
`
`“Concerning,” “concern(s),” “referring to,” “relating to,” “related to,” “relate(s)
`
`to”, “pertaining to,” or “pertain(s) to” shall mean identifying, referring to, concerning,
`
`evidencing, demonstrating, summarizing, reflecting, constituting, containing, embodying,
`
`mentioning, pertaining to, commenting on, connected with, discussing, describing, analyzing,
`
`showing, comprising, illustrating, stating, dealing with, responding to, involving, recording,
`
`supporting, negating, or relating to in any way relevant to a particular subject, in whole or in
`
`part, either directly or indirectly.
`
`10.
`
`As used herein, “identify” has the following meaning:
`
`a) When used with respect to a Person, “identify” means to give, to the extent
`
`known, the person’s full name, present or last known address, and when referring
`
`to a natural person, additionally, the present or last known place of employment.
`
`b) When used in relation to a Document, “identify” means to state: (i) the date the
`
`Document was created; (ii) the author(s) of the Document; (iii) the recipient(s) of
`
`the Document; (iv) any person or entity receiving a copy of the Document by
`
`“cc,” “bcc,” or otherwise; (v) a basic description of the nature of the Document,
`
`including, if applicable; (vi) the title of the Document; and (vii) whether the
`
`Document has been or is being produced in this litigation, the Bates or identifier
`
`number affixed to the Document. Documents to be “identified” include
`
`Documents in AGIS’s possession, custody, or control, Documents known by
`
`AGIS to have existed but no longer exist, and other Documents of which AGIS
`
`has knowledge or information.
`
`3
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 10 of 15
`
`c) As used with respect to an event, “identify” means to provide a description of the
`
`event, the date of the event, the location of the event, and any participants in the
`
`event.
`
`11.
`
`The terms “and” and “or” shall be construed either disjunctively or conjunctively
`
`as necessary to bring within the scope of the discovery request all responses that might otherwise
`
`be construed to be outside of its scope.
`
`12.
`
`The terms “any,” “all,” “every,” and “each” shall each mean and include the
`
`other.
`
`13.
`
`The singular form of any word shall be deemed to include the plural. The plural
`
`form of any word shall be deemed to include the singular.
`
`14.
`
`The use of a verb in any tense shall be construed as the use of the verb in all other
`
`tenses.
`
`15.
`
`“Include” and “including” shall mean including without limitation.
`
`4
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 11 of 15
`
`INSTRUCTIONS
`
`The following instructions shall apply to each of the Document Requests herein:
`
`1.
`
`In responding to these requests, please furnish all information that is available
`
`to you or subject to your control, including information in the possession, custody, or control of
`
`your officers, directors, employees, representatives, consultants, agents, servants, attorneys,
`
`accountants, or any person who has served in any such role at any time, as well as corporate
`
`parents, subsidiaries, affiliates, divisions, predecessor companies or proprietorships, any joint
`
`venture to which you are a party, and other persons acting on your behalf.
`
`2.
`
`You are requested to produce the original and each non-identical copy or draft
`
`of each Document requested herein that is in Your possession, custody or control in its entirety,
`
`without abbreviation or redaction.
`
`3.
`
`If any portion of a Document is responsive to a request, you are requested to
`
`produce the entire Document including all attachments and enclosures, redacting only
`
`privileged material, if any.
`
`4.
`
`All Documents should be produced in the same file or other organizational
`
`environment in which they are maintained in the ordinary course of business.
`
`5.
`
`Each item produced should bear unique identifying control numbers (e.g.,
`
`Bates labels) on each item or page if the item is a Document.
`
`6.
`
`Color copies of Documents are requested to be produced where color is
`
`necessary to interpret or understand the contents.
`
`7.
`
`Electronic records and computerized information should be produced in their
`
`native electronic format, together with a description of the system from which they were
`
`derived sufficient to permit rendering the records and information intelligible.
`
`5
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 12 of 15
`
`8.
`
`If you cannot fully comply with any request, comply to the maximum extent
`
`possible and explain: (a) what information you refuse to produce and (b) why full compliance
`
`is not possible. If you object to any of the requests, or any subpart of a request, herein, you
`
`shall state the specific grounds asserted for objecting and not producing the document or
`
`tangible thing, and identify each such item by its nature. Furthermore, you shall identify, to the
`
`extent possible, those documents or things that you will produce notwithstanding Your
`
`objection.
`
`9.
`
`These requests are continuing in character. If, after making the requested
`
`production, you obtain or become aware of any further producing the requested Document
`
`responsive to these requests, you are requested to produce such additional Document.
`
`Defendants reserve the right to propound additional requests.
`
`10.
`
`The following requests are to be construed as broadly as their language permits.
`
`They are to be construed independently, except when such construction limits their scope. Any
`
`ambiguity should be resolved by selecting the broadest possible construction. If, in
`
`responding to these requests, you encounter any ambiguities when interpreting a request,
`
`instruction, or definition, in your response, set forth the matter deemed ambiguous and the
`
`interpretation used in responding.
`
`6
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 13 of 15
`
`DOCUMENTS TO BE PRODUCED
`
`REQUEST NO. 1
`Documents sufficient to identify all interactions, including Communications, between
`
`AGIS Holdings, Inc. and any Person, company, or entity located, based, or incorporated in
`
`California from 2015 to the present, including but not limited to customers or potential
`
`customers, licensees or potential licensees, law enforcement agencies, fire departments, first
`
`responders, state and local government agencies or departments, current and former members of
`
`the military, the State of California and any of its departments or divisions, ADI Technologies,
`
`Inc., Maven Research, Inc. or “Maven Consulting”, CornerTurn LLC, Integrity Applications,
`
`Inc., American Reliance Inc., Green Hills Software LLC, Life360, Inc., Apple Inc., WhatsApp
`
`LLC, Facebook, Inc., Google LLC, Smith Micro Software LLC, T-Mobile U.S., Inc., Waze
`
`LLC, HTC Corporation and Samsung Electronics America, Inc. and/or Uber Technologies, Inc.
`
`d/b/a UBER (“Uber”).
`
`REQUEST NO. 2
`Documents sufficient to identify all transfers of money made to or received by AGIS
`
`Holdings, Inc. from AGIS Software Development LLC or Advanced Ground Information
`
`Systems, Inc. from 2017 to the present, including the bank account(s) from which the payment
`
`was made or to which the payment was deposited.
`
`REQUEST NO. 3
`Documents sufficient to show all corporate meetings, including but not limited to any
`
`board or officer meetings, performed by AGIS Holdings, Inc. from 2017 to the present,
`
`including attendees, agendas, and associated meeting minutes for each meeting.
`
`7
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 14 of 15
`
`REQUEST NO. 4
`Documents sufficient to identify all reasons why AGIS Software Development LLC was
`
`formed in 2017.
`
`REQUEST NO. 5
`Documents sufficient to identify all AGIS Holdings, Inc. employees, independent
`
`contractors, agents, or other Persons who have performed work for or on behalf of AGIS
`
`Software Development LLC since 2017, the type of work performed by each and any agreement
`
`with AGIS Software Development LLC pertaining to that work.
`
`8
`
`

`

`Case 5:21-cv-04653-BLF Document 75-14 Filed 03/28/22 Page 15 of 15
`
`TOPICS FOR TESTIMONY
`
`TOPIC NO. 1
`All Documents prepared and/or reviewed by You in connection with the deposition on
`
`these Topics.
`
`TOPIC NO. 2
`The subject matter of all Documents identified in response to the requests for documents.
`
`TOPIC NO. 3
`The authenticity of the Documents identified in response to the requests for documents.
`
`TOPIC NO. 4
`Facts and circumstances supporting or refuting whether AGIS Holdings, Inc. is an alter
`ego of AGIS Software Development LLC, including whether:
`AGIS Holdings, Inc. and AGIS Software Development LLC commingle or have
`ever commingled funds;
`AGIS Software Development LLC maintains corporate minutes;
`AGIS Holdings, Inc. and AGIS Software Development LLC are dominated or
`controlled by the same Persons;
`AGIS Holdings, Inc. and AGIS Software Development LLC use or otherwise
`share an office or other business location;
`AGIS Holdings, Inc. and AGIS Software Development LLC are owned by the
`same Person(s) and whether such Person(s) has the same ownership percentage of each
`of AGIS Holdings, Inc. and AGIS Software Development LLC, respectively;
`AGIS Software Development LLC is a shell company;
`AGIS Software Development LLC is an instrumentality or conduit for a single
`venture or business of Malcolm K. Beyer, Jr.; and
`AGIS Software Development LLC is adequately capitalized.
`
`9
`
`