Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 1 of 14
`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 1 of 14
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 16
`EXHIBIT 16
`
`
`
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 2 of 14
`
`
`
`Alfred R. Fabricant (pro hac vice)
`afabricant@fabricantllp.com
`Peter Lambrianakos (pro hac vice)
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice)
`vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Benjamin T. Wang (CA SBN 228712)
`bwang@raklaw.com
`Minna Y. Chan (CA SBN 305941)
`mchan@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-9226
`
`Attorneys for Non-Party
`Advanced Ground Information System, Inc.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`LYFT, INC.,
`
`
`
`
`v.
`
`Plaintiffs,
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Defendant.
`
` Case No. 5:21-cv-04653-BLF
`
`ADVANCED GROUND INFORMATION
`SYSTEMS INC.’S OBJECTIONS AND
`RESPONSES TO PLAINTIFF LYFT,
`INC.’S SUBPOENA TO TESTIFY IN A
`CIVIL ACTION
`
`Hon. Judge Beth Labson Freeman
`
`
`1
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`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
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 3 of 14
`
`
`
`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
`
`
`Pursuant to Federal Rule of Civil Procedure 45, non-party Advanced Ground Information
`Systems, Inc. (“AGIS, Inc.”) hereby provides responses and objections to the Subpoena to Testify
`(the “Subpoena”) issued in the above-captioned case by Lyft, Inc. (“Defendant” or “Lyft”) to
`Advanced Ground Information Systems, Inc., received on February 8, 2022.
`GENERAL OBJECTIONS
`AGIS, Inc. objects to the noticed date and time, as listed in the Subpoena, as unduly
`1.
`burdensome. AGIS, Inc. objects to the Subpoena on the grounds that the Court has granted
`Plaintiff’s motion to dismiss the complaint in this action and this Subpoena exceeds the scope of the
`jurisdictional discovery ordered by the Court, which has been specifically limited to five
`interrogatories to Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff. Dkt. 61 at 10.1
`Any statement by AGIS, Inc. that it will designate a witness to testify to the requests
`2.
`contained in the Subpoena does not constitute an admission or representation that AGIS, Inc. has
`any knowledge or information related to a given request.
`AGIS, Inc. objects to the Subpoena to the extent that it seeks disclosure of
`3.
`information and/or communications protected by the attorney-client privilege, the work-product
`doctrine, or any other applicable privilege or immunity. AGIS, Inc. does not waive, but specifically
`asserts, the attorney-client privilege, work-product immunity, and any other applicable privileges,
`even if such privileged information is revealed through oversight, inadvertence, or mistake.
`AGIS, Inc. objects to the Subpoena to the extent that it expands the scope of
`4.
`permissible discovery or seeks to impose discovery obligations that differ from or exceed those set
`forth in the Federal Rules of Civil Procedure, the Local Rules of this Court, and applicable Court
`Orders. AGIS, Inc. will respond in accordance with his obligations pursuant to such Rules and
`Orders. AGIS, Inc. also objects to the Subpoena to the extent that the burden or expense of
`
`1 This subpoena is not properly issued and served under F.R.C.P. Rule 45 and AGIS, Inc. requests
`immediate withdrawal. Lyft is aware of the dismissed complaint and the limited scope of the
`jurisdictional discovery from the plain language of the Court's order which corresponds directly to
`the parameters set forth in its request for jurisdictional discovery. See Dkt. 61, Dkt. 41 at
`17. Accordingly, AGIS, Inc. reserves the right to seek costs and attorney fees related to responding
`to this subpoena and any further requests that exceed the limited scope of the jurisidctional discovery
`
`
`2
`ordered by the Court.
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 4 of 14
`
`
`
`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
`
`
`responding to the Subpoena outweighs the likely benefits or imposes burdens or expenses on AGIS,
`Inc. not authorized by the Federal Rules of Civil Procedure, the Local Rules of this Court, and
`applicable Court Orders.
`AGIS, Inc. objects to the Subpoena to the extent that it seeks documents or
`5.
`information that are not relevant to a claim or defense of any party. AGIS, Inc. will not produce
`such information and specifically reserves the right to redact such information from any document
`produced in response to the Subpoenas.
`AGIS, Inc. objects to this Subpoena to the extent it seeks confidential, proprietary,
`6.
`or trade secret information of third parties. AGIS, Inc. further objects to this Subpoena to the extent
`it seeks information received from a third party under a non-disclosure agreement or subject to the
`common interest privilege, or the content of any part of any agreement between AGIS, Inc. and a
`third-party that, by its terms, may not be disclosed by AGIS, Inc.
`AGIS, Inc. objects to the Subpoena to the extent it seeks to impose on AGIS, Inc.
`7.
`any obligation beyond or not required by the Federal Rules of Evidence.
`AGIS, Inc. objects to the Subpoena to the extent it seeks information that is
`8.
`irrelevant, overly broad, unduly burdensome, vague, ambiguous, and/or not reasonably calculated
`to lead to the discovery of admissible evidence. AGIS, Inc. further objects to the Subpoena to the
`extent it seeks information that is neither relevant to any claim or defense in this action.
`AGIS, Inc. objects to this Subpoena to the extent it seeks a legal opinion or
`9.
`conclusion.
`Nothing contained in these statements and objections or contained in any testimony
`10.
`given at any subsequent deposition, is intended to be, or in any way constitutes, a waiver of any
`such applicable privilege, immunity, or confidentiality obligation.
`AGIS, Inc. reserves the right to supplement its objections to the Subpoena.
`11.
`12.
`AGIS, Inc. objects to the Subpoena to the extent that it requests the production of
`documents and testimony that are not within AGIS, Inc.’s possession, custody, or control or are not
`obtainable through a reasonable and good faith inquiry into his records or knowledge. AGIS, Inc.
`
`
`3
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 5 of 14
`
`
`
`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
`
`
`has no obligation to search for or produce documents or information that are not in his possession,
`custody, or control, and disclaims any obligation to do so. AGIS, Inc. also objects to the Subpoena
`to the extent that it purports to impose on AGIS, Inc. the burden of furnishing information that is
`equally or readily available to Defendant from a source other than AGIS, Inc.
`AGIS, Inc. objects to the Subpoena to the extent it calls for documents or information
`13.
`that are more appropriately sought from the parties to the above-captioned matter.
`AGIS, Inc. objects to the Subpoena to the extent that it calls for documents or
`14.
`information that are outside the scope of AGIS, Inc.’s knowledge, possession, custody, or control.
`AGIS, Inc. objects to the Subpoena as overly broad and unduly burdensome to the
`15.
`extent that they seek information or documents not relevant to any party’s claim or defense in this
`case, not reasonably calculated to lead to the discovery of admissible evidence, or not proportional
`to the needs of the case, considering the importance of the issues at stake in the action, the amount
`in controversy, the parties’ relative access to relevant information, the parties’ resources, the
`importance of the discovery in resolving the issues, and whether the burden or expense of the
`proposed discovery outweighs its likely benefit.
`AGIS, Inc. objects to the Subpoena as overly broad and unduly burdensome to the
`16.
`extent that they fail to provide a reasonable time period for information sought, or otherwise seek
`information beyond the relevant time frame for discovery in this case.
`AGIS, Inc. objects to the Subpoena as overly broad and unduly burdensome to the
`17.
`extent that they purport to require AGIS, Inc. to describe or identify “all,” “every,” “each,” or “any”
`document, communication, or thing, or use other similarly expansive, infinite, or all-inclusive terms.
`AGIS, Inc. objects to the Subpoena to the extent it requires AGIS, Inc. to create or
`18.
`produce information that it does not maintain in the ordinary course of its business, or to the extent
`that they seek to require that AGIS, Inc. create or produce information in a particular format or at a
`particular level of detail that AGIS, Inc. does not maintain in the ordinary course of its business.
`AGIS, Inc. objects to the Subpoena to the extent it gives meanings to words different
`19.
`from their ordinary English meaning or definitions set forth in applicable statues or rules.
`
`
`4
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 6 of 14
`
`
`
`AGIS, Inc. objects to the Subpoena to the extent that it seeks confidential,
`20.
`proprietary, or trade secret information.
`AGIS, Inc. objects to the definition of “Advanced Ground Information Systems,
`21.
`Inc.,” “You,” and “Your” as overly broad and unduly burdensome. AGIS, Inc. responds on behalf
`of AGIS, Inc. only.
`AGIS, Inc. objects to the definition of “Related Patents” as overly broad and unduly
`22.
`burdensome.
`AGIS, Inc. objects to the definition of “AGIS Software Development LLC” and
`23.
`“Plaintiff” as overly broad and unduly burdensome. AGIS, Inc. responds on behalf of AGIS, Inc.
`only. AGIS, Inc. further objects to the definition of “AGIS Software Development LLC” and
`“Plaintiff,” to the extent it misidentifies AGIS Software Development LLC as the Plaintiff.
`AGIS, Inc. objects to the definition of “Third Party” and “Third Parties” as overly
`24.
`broad and unduly burdensome. AGIS, Inc. responds on behalf of AGIS, Inc. only.
`AGIS, Inc. objects to the definition of “Document,” “Communication,” and “Thing,”
`25.
`as overly broad and unduly burdensome.
`AGIS, Inc. objects to the definition of “Concerning,” “concern(s),” “referring to,”
`26.
`“relating to,” “related to,” “relate(s) to,” pertaining to,” and “pertain(s) to” as overly broad and
`unduly burdensome.
`AGIS, Inc. objects to the voluminous number of requests as duplicative, designed to
`27.
`harass, vexatious, overly broad, unduly burdensome, and inappropriate for a non-party.
`AGIS Holdings, Inc. objects to the definition of “identify,” “include,” and
`28.
`“including” as overly broad and unduly burdensome.
`AGIS Holdings, Inc. objects to the voluminous number of requests as duplicative,
`29.
`designed to harass, vexatious, overly broad, unduly burdensome, and inappropriate for a non-party.
`Subject to and without waiving the foregoing General Objections, AGIS, Inc. responds as
`follows:
`SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS
`
`5
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`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
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 7 of 14
`
`
`
`DOCUMENT REQUEST NO. 1
`Documents sufficient to identify all interactions, including Communications, between
`Advanced Ground Information Systems, 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 of Advanced Ground Information Systems, Inc., 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”).
`RESPONSE TO DOCUMENT REQUEST NO. 1
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this
`request as overly broad and unduly burdensome in that it seeks information that can be obtained
`from other means of discovery that would be more convenient or less burdensome. AGIS, Inc.
`objects to this request to the extent that it seeks information protected by the attorney-client
`privilege, the work product doctrine, and/or any other applicable privilege or immunity. AGIS, Inc.
`objects to this request as vague and ambiguous as to the phrase objects to this request as vague and
`ambiguous as to the phrase “all interactions,” “potential customers,” and “potential licensees.”
`Subject to and without waiving the foregoing general and specific objections, AGIS, Inc. states that
`the Court has granted Plaintiff’s motion to dismiss the complaint in this action and this request
`exceeds the scope of the jurisdictional discovery ordered by the Court, which has been specifically
`limited to five interrogatories to Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff.
`Dkt. 61 at 10.
`DOCUMENT REQUEST NO. 2
`Documents sufficient to identify all transfers of money made to or received by Advanced
`
`6
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`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
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 8 of 14
`
`
`
`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
`
`
`Ground Information Systems, Inc. from AGIS Software Development LLC or AGIS Holdings, Inc.
`from 2017 to the present, including the bank account(s) from which the payment was made or to
`which the payment was deposited.
`RESPONSE TO DOCUMENT REQUEST NO. 2
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this
`request as overly broad and unduly burdensome in that it seeks information that can be obtained
`from other means of discovery that would be more convenient or less burdensome. AGIS, Inc.
`objects to this request to the extent that it seeks information protected by the attorney-client
`privilege, the work product doctrine, and/or any other applicable privilege or immunity. AGIS, Inc.
`objects to this request as vague and ambiguous as to the phrase “all transfers of money.” Subject to
`and without waiving the foregoing general and specific objections, AGIS, Inc. states that the Court
`has granted Plaintiff’s motion to dismiss the complaint in this action and this request exceeds the
`scope of the jurisdictional discovery ordered by the Court, which has been specifically limited to
`five interrogatories to Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff. Dkt. 61 at
`10.
`DOCUMENT REQUEST NO. 3
`Documents sufficient to show all corporate meetings, including but not limited to any board
`or officer meetings, performed by Advanced Ground Information Systems, Inc. from 2017 to the
`present, including attendees, agendas, and associated meeting minutes for each meeting.
`RESPONSE TO DOCUMENT REQUEST NO. 3
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this
`request as overly broad and unduly burdensome in that it seeks information that can be obtained
`from other means of discovery that would be more convenient or less burdensome. AGIS, Inc.
`objects to this request to the extent that it seeks information protected by the attorney-client
`privilege, the work product doctrine, and/or any other applicable privilege or immunity. AGIS, Inc.
`objects to this request as vague and ambiguous as to the phrase “all corporate meetings.” Subject to
`and without waiving the foregoing general and specific objections, AGIS, Inc. states that the Court
`
`
`7
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 9 of 14
`
`
`
`has granted Plaintiff’s motion to dismiss the complaint in this action and this request exceeds the
`scope of the jurisdictional discovery ordered by the Court, which has been specifically limited to
`five interrogatories to Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff. Dkt. 61 at
`10.
`
`
`DOCUMENT REQUEST NO. 4
`Documents sufficient to identify all reasons why AGIS Software Development LLC was
`formed in 2017.
`RESPONSE TO DOCUMENT REQUEST NO. 4
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this
`request as overly broad and unduly burdensome in that it seeks information that can be obtained
`from other means of discovery that would be more convenient or less burdensome. AGIS, Inc.
`objects to this request to the extent that it seeks information protected by the attorney-client
`privilege, the work product doctrine, and/or any other applicable privilege or immunity. AGIS, Inc.
`objects to this request as vague and ambiguous as to the phrase “all reasons why AGIS Software
`Development was formed.” Subject to and without waiving the foregoing general and specific
`objections, AGIS, Inc. states that the Court has granted Plaintiff’s motion to dismiss the complaint
`in this action and this request exceeds the scope of the jurisdictional discovery ordered by the Court,
`which has been specifically limited to five interrogatories to Plaintiff and one four-hour Rule
`30(b)(6) deposition of Plaintiff. Dkt. 61 at 10.
`DOCUMENT REQUEST NO. 5
`Documents sufficient to identify all Advanced Ground Information Systems, 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.
`RESPONSE TO DOCUMENT REQUEST NO. 5
`
`
`8
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`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
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 10 of 14
`
`
`
`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
`
`
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this
`request as overly broad and unduly burdensome in that it seeks information that can be obtained
`from other means of discovery that would be more convenient or less burdensome. AGIS, Inc.
`objects to this request to the extent that it seeks information protected by the attorney-client
`privilege, the work product doctrine, and/or any other applicable privilege or immunity. AGIS, Inc.
`objects to this request as vague and ambiguous as to the phrase “type of work performed by each.”
`Subject to and without waiving the foregoing general and specific objections, AGIS, Inc. states that
`the Court has granted Plaintiff’s motion to dismiss the complaint in this action and this request
`exceeds the scope of the jurisdictional discovery ordered by the Court, which has been specifically
`limited to five interrogatories to Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff.
`Dkt. 61 at 10.
`SPECIFIC OBJECTIONS AND RESPONSES TO TOPICS FOR TESTIMOY
`TOPIC NO. 1
`All Documents prepared and/or reviewed by You in connection with the deposition on these
`Topics.
`RESPONSE TO TOPIC NO. 1
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this topic
`as overly broad and unduly burdensome in that it seeks information that can be obtained from other
`means of discovery that would be more convenient or less burdensome. AGIS, Inc. objects to this
`topic to the extent it seeks information that can be obtained publicly and/or directly from the parties
`to the above-captioned matter. AGIS, Inc. objects to this topic to the extent that it is cumulative and
`duplicative of discovery already obtained in this case. AGIS, Inc. objects to this topic to the extent
`that it seeks information protected by the attorney-client privilege, the work product doctrine, and/or
`any other applicable privilege or immunity. AGIS, Inc. further objects to this topic as vague and
`ambiguous with respect to the phrase “prepared.” Subject to and without waiving the foregoing
`general and specific objections, AGIS, Inc. states that the Court has granted Plaintiff’s motion to
`dismiss the complaint in this action and this Subpona exceeds the scope of the jurisdictional
`
`
`9
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 11 of 14
`
`
`
`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
`
`
`discovery ordered by the Court, which has been specifically limited to five interrogatories to
`Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff. Dkt. 61 at 10.
`TOPIC NO. 2
`The subject matter of all Documents identified in response to the requests for documents.
`RESPONSE TO TOPIC NO. 2
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this topic
`as overly broad and unduly burdensome in that it seeks information that can be obtained from other
`means of discovery that would be more convenient or less burdensome. AGIS, Inc. objects to this
`topic to the extent it seeks information that can be obtained publicly and/or directly from the parties
`to the above-captioned matter. AGIS, Inc. objects to this topic to the extent that it is cumulative and
`duplicative of discovery already obtained in this case. AGIS, Inc. objects to this topic to the extent
`that it seeks information protected by the attorney-client privilege, the work product doctrine, and/or
`any other applicable privilege or immunity. AGIS, Inc. further objects to this topic as vague and
`ambiguous with respect to the phrase “subject matter of all Documents.” Subject to and without
`waiving the foregoing general and specific objections, AGIS, Inc. states that the Court has granted
`Plaintiff’s motion to dismiss the complaint in this action and this Subpoena exceeds the scope of the
`jurisdictional discovery ordered by the Court, which has been specifically limited to five
`interrogatories to Plaintiff and one four-hour Rule 30(b)(6) deposition of Plaintiff. Dkt. 61 at 10.
`TOPIC NO. 3
`The authenticity of the Documents identified in response to the requests for documents.
`RESPONSE TO TOPIC NO. 3
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this topic
`as overly broad and unduly burdensome in that it seeks information that can be obtained from other
`means of discovery that would be more convenient or less burdensome. AGIS, Inc. objects to this
`topic to the extent it seeks information that can be obtained publicly and/or directly from the parties
`to the above-captioned matter. AGIS, Inc. objects to this topic to the extent that it is cumulative and
`duplicative of discovery already obtained in this case. AGIS, Inc. objects to this topic to the extent
`
`
`10
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 12 of 14
`
`
`
`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
`
`
`that it seeks information protected by the attorney-client privilege, the work product doctrine, and/or
`any other applicable privilege or immunity. Subject to and without waiving the foregoing general
`and specific objections, AGIS, Inc. states that the Court has granted Plaintiff’s motion to dismiss
`the complaint in this action and this Subpoena exceeds the scope of the jurisdictional discovery
`ordered by the Court, which has been specifically limited to five interrogatories to Plaintiff and one
`four-hour Rule 30(b)(6) deposition of Plaintiff. Dkt. 61 at 10.
`TOPIC NO. 4
`Facts and circumstances supporting or refuting whether Advanced Ground Information
`Systems, Inc. is an alter ego of AGIS Software Development LLC, including whether:
`Advanced Ground Information Systems, Inc. and AGIS Software Development LLC
`commingle or have ever commingled funds;
`AGIS Software Development LLC maintains corporate minutes; Advanced Ground
`Information Systems, Inc. and AGIS Software Development LLC are dominated or controlled by
`the same Persons;
`Advanced Ground Information Systems, Inc. and AGIS Software Development LLC use or
`otherwise share an office or other business location;
`Advanced Ground Information Systems, 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 Advanced Ground Information Systems, 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.
`RESPONSE TO TOPIC NO. 4
`AGIS, Inc. incorporates by reference its General Objections. AGIS, Inc. objects to this topic
`as overly broad and unduly burdensome in that it seeks information that can be obtained from other
`
`
`11
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
`
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 13 of 14
`
`
`
`means of discovery that would be more convenient or less burdensome. AGIS, Inc. objects to this
`topic to the extent it seeks information that can be obtained publicly and/or directly from the parties
`to the above-captioned matter. AGIS, Inc. objects to this topic to the extent that it is cumulative and
`duplicative of discovery already obtained in this case. AGIS, Inc. objects to this topic to the extent
`that it seeks information protected by the attorney-client privilege, the work product doctrine, and/or
`any other applicable privilege or immunity. AGIS, Inc. further objects to this topic as vague and
`ambiguous with respect to the phrase “supporting or refuting whether AGIS Holdings, Inc. is an
`alter ego,” “commingle or have ever commingled funds,” “domainted or controlled by the same
`Persons,” shell company,” “instrumentality or conduit for a single venture,” and “adequately
`capitalized.” Subject to and without waiving the foregoing general and specific objections, AGIS,
`Inc. states that the Court has granted Plaintiff’s motion to dismiss the complaint in this action and
`this Subpoena exceeds the scope of the jurisdictional discovery ordered by the Court, which has
`been specifically limited to five interrogatories to Plaintiff and one four-hour Rule 30(b)(6)
`deposition of Plaintiff. Dkt. 61 at 10.
`
`DATED: March 16, 2022
`
`
`
`
`
`Respectfully submitted,
`
`RUSS AUGUST & KABAT
`By: /s/ Benjamin T. Wang
`
`
` Benjamin T. Wang
`
`FABRICANT LLP
`Alfred R. Fabricant
`ffabricant@fabricantllp.com
`Peter Lambrianakos
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`vrubino@fabricantllp.com
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Attorneys for Non-Party
`Advanced Ground Information Systems, Inc.
`
`
`12
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`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
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 75-17 Filed 03/28/22 Page 14 of 14
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certified that a true and correct copy of the above and foregoing
`
`document has ben served via electronic mail on March 16, 2022, to all counsel of record.
`I declare under the penalty of perjury that the foregoing is true and correct.
`
`
`
`DATED: March 16, 2022
`
`
`
`
`/s/ Benjamin T. Wang
` Benjamin T. Wang
`
`
`
`
`
`
`
`13
`ADVANCED GROUND INFORMATION SYSTEMS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`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
`
`
`
`
`RUSS AUGUST & KABAT
`
`
`
`
`