Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 1 of 14
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`Exhibit 6
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 2 of 14
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`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 Defendant
`AGIS Software Development LLC
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`LYFT, INC.,
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`
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`v.
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`Plaintiffs,
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Defendant.
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` Case No. 5:21-cv-04653-BLF
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`DEFENDANT AGIS SOFTWARE
`DEVELOPMENT LLC’S OBJECTIONS
`AND RESPONSES TO LYFT INC.’S
`JURISDICTIONAL 30(b)(6) NOTICE TO
`DEFENDANT AGIS SOFTWARE
`DEVELOPMENT LLC
`
`Hon. Judge Beth Labson Freeman
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
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`Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Defendant AGIS Software
`Development LLC (“Defendant” or “AGIS Software”) hereby responds and objects to Plaintiff Lyft,
`Inc.’s ( “Lyft” or “Plaintiff”) Jurisdictional Rule 30(b)(6) Notice of Deposition served in the above-
`captioned case on February 4, 2022 (the “Notice”). AGIS Software reserves the right to further
`supplement or amend these objections and responses to the extent allowed by the Federal Rules of
`Civil Procedure, the Local Rules of this Court, and any applicable scheduling orders.
`GENERAL OBJECTIONS AND QUALIFICATIONS
`The following general objections and statements apply to each of Plaintiff’s deposition
`topics and are hereby incorporated within each specific response set forth below. No specific
`objections are intended to constitute, or should be construed as constituting, a waiver of any general
`objection.
`1.
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`The Court’s Order (Dkt. 61) permitted Lyft to conduct “jurisdictional discovery in
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`the form of five interrogatories and one four-hour Rule 30(b)(6) deposition.” AGIS Software will
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`produce a witness for deposition for one four-hour Rule 30(b)(6) deposition in accordance with the
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`Court’s Order.
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`2.
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`Any statement by AGIS Software that it will designate a witness to testify to the
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`topics contained in the Notice does not constitute an admission or representation that AGIS Software
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`has any knowledge or information related to a given Topic.
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`3.
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`AGIS Software objects to the time and date specified in the Notice. Subject to the
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`objections herein, AGIS Software will provide a designated witness or witnesses at a time and
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`location that is convenient to the witness or witnesses and that is mutually agreed upon by the parties.
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`AGIS Software is willing to discuss and agree to a mutually convenient location, date, and time for
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`the noticed deposition.
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`4.
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`AGIS Software objects to the Notice and to each and every Topic, Definition, and
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`Instruction to the extent they seek to impose obligations different from or beyond those imposed by
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
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`RUSS AUGUST & KABAT
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 4 of 14
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`the Federal Rules of Civil Procedure, the Local Civil and Patent Rules of the Northern District of
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`California, and the Orders governing this Action.
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`5.
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`AGIS Software objects to the Notice as seeking information that is not relevant to
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`any party’s claims or defenses, the subject matter involved in this Action, not reasonably calculated
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`to lead to the discovery of admissible evidence, or not proportional to the needs of the case,
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`considering the importance of the issues at stake in the Action, the amount in controversy, the
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`parties’ relative access to relevant information, the parties’ resources, the importance of the
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`discovery in resolving the issues, and whether the burden or expense of the proposed discovery
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`outweighs its likely benefit.
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`6.
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`AGIS Software objects to the Notice as seeking information that is protected from
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`discovery by the attorney-client privilege, the work-product immunity doctrine, common interest
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`doctrine, and/or any other applicable privilege, immunity, doctrine, or duty of confidentiality that
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`precludes or limits the disclosure of information. Any inadvertent disclosure of such information
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`shall not be deemed a waiver (in this way or any other proceeding) of the attorney-client privilege,
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`work-product doctrine, or any other applicable privilege or protection.
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`7.
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`AGIS Software objects to the Notice to the extent it is vague, ambiguous, or
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`unintelligible, and therefore fails to identify with reasonable particularity the information sought.
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`8.
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`AGIS Software objects to the Notice to the extent it seeks confidential, proprietary,
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`or trade secret information of third parties. AGIS Software will only produce such material subject
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`to the terms of the Protective Order and subject to any consent required by third parties.
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`9.
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`AGIS Software objects to the Notice as overly broad, and unduly burdensome to the
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`extent that any Topic, Definition, or Instruction purports to require AGIS Software to provide
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`information on “any,” all,” and “each and every” subjects, individuals, documents, actions, facts, or
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`circumstances.
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 5 of 14
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`10.
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`AGIS Software objects to the Notice to the extent it calls for documents or
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`information that are outside the scope of AGIS Software’s knowledge, possession, custody, or
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`control. AGIS further objects to the Topics, Definitions, and Instructions to the extent that Defendant
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`can obtain the requested information from some other source that is more convenient, less
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`burdensome, or less expensive.
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`11.
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`AGIS Software objects to the Notice to the extent that it seeks legal conclusions,
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`information based on legal conclusions, or contentions through a Rule 30(b)(6) deposition.
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`12.
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`AGIS Software objects to the Notice as seeking multiple depositions of the same
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`witness over the discovery period because the burden is not proportional to the needs of the case.
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`AGIS Software’s position is that any depositions of AGIS Software that implicate the same witness
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`should be taken at the same time on consecutive days. AGIS Software objects to any attempt by
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`Plaintiff to take multiple depositions of the same witness spread throughout the discovery period,
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`without a legitimate reason, as contravening the discovery rules.
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`13.
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`AGIS Software objects to the Notice as cumulative, insofar as it seeks information
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`already requested in Plaintiff’s interrogatories, already provided to Plaintiff, already within
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`Plaintiff’s own possession, custody, or control, or that can be obtained from other means of
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`discovery that would be more convenient or less burdensome.
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`14.
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`AGIS Software objects to the Notice as overly broad and unduly burdensome to the
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`extent it fails to provide a reasonable time period for information sought, or otherwise seeks
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`information beyond the relevant time frame for discovery in this Action.
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`15.
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`AGIS Software objects to the Notice to the extent it seeks to require AGIS Software
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`to create or produce information that it does not maintain in the ordinary course of its business, or
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`to the extent it seeks to require AGIS Software to create or produce information in a particular
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
`5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 6 of 14
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`format or at a particular level of detail that AGIS Software does not maintain in the ordinary course
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`of its business.
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`16.
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`AGIS Software objects to the Notice to the extent it attempts to give meanings to
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`words different from the ordinary English meaning or definitions set forth in applicable statutes or
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`rules.
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`17.
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`AGIS objects to the Definition of “AGIS Software,” “Plaintiff,” “You,” or “Your”
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`as overly broad and unduly burdensome, to the extent that it identifies Defendant AGIS Software as
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`the plaintiff in the present action and it encompasses any persons or entities other than AGIS
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`Software which are not parties to this Action including, but not limited to, AGIS Ground Information
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`Systems, Inc., and AGIS Holdings, Inc. AGIS Software responds on behalf of AGIS Software only.
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`18.
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`AGIS Software objects to the Definition of “Lyft” and “Defendant,” to the extent it
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`identifies Plaintiff Lyft as the Defendant in the present action.
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`19.
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`AGIS Software objects to the Definitions of “Employee” and “Person” as overly
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`broad and unduly burdensome.
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`20.
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`AGIS Software objects to the Definitions of “Communication,” “Document,” and
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`“Thing” as overly broad, unduly burdensome, not proportional to the needs of this case, not relevant
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`to any party’s claims or defenses, and imposing burdens beyond the requirements of the Federal
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`Rules of Civil Procedure, the Local Civil and Patent Rules of the Northern District of California,
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`and the Orders governing this Action.
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`21.
`AGIS Software objects to the Definitions of “Concerning,” “concern(s),” “referring
`to,” “relating to,” “related to,” “relate(s) to,” “pertaining to” or “pertain(s),” as overly broad, unduly
`burdensome, not proportional to the needs of this case, not relevant to any party’s claims or defenses,
`and imposing burdens beyond the requirements of the Federal Rules of Civil Procedure, the Local
`Civil and Patent Rules of the Northern District of California, and the Orders governing this Action.
`Subject to the foregoing General Objections, AGIS Software responds as follows:
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
`5:21-cv-04653-BLF
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`RUSS AUGUST & KABAT
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`SPECIFIC OBJECTIONS AND RESPONSES TO TOPICS OF TESTIMONY
`TOPIC NO. 1
`All interactions, including Communications, between AGIS Software, AGIS Holdings, Inc.,
`and/or 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 of AGIS Software and/or Advanced Ground Information Systems, Inc., 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 TOPIC NO. 1
`AGIS Software incorporates by reference its General Objections as if fully set forth herein.
`AGIS Software 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 Software objects to this Topic to the extent that it is cumulative and
`duplicative of discovery already obtained in this case. AGIS Software objects to this Topic to the
`extent it seeks information protected by the attorney-client privilege, the work-product doctrine,
`and/or any other applicable privilege or immunity. AGIS Software objects to this Topic as seeking
`information not relevant to any issue, or the claims or defenses of any party to this Action, and 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 Software further objects to this Topic as
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
`5:21-cv-04653-BLF
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`RUSS AUGUST & KABAT
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`unclear, vague, and ambiguous, particularly with respect to the phrases “interactions” and “potential
`licensees.”
`Subject to and without waiving its General and Specific Objections, AGIS Software will
`designate a witness to testify regarding relevant, non-privileged, non-immune information
`responsive to this Topic to the extent such information exists and is within AGIS Software’s
`possession, custody, or control, and to the extent AGIS Software understands the information sought
`by this Topic.
`TOPIC NO. 2
`All transfers of money, including payments, made to or received by AGIS Software from
`2017 to the present, including but not limited to all payments for facilities, staff, services, patent
`licenses, capital contributions, and/or transfers involving Advanced Ground Information Systems,
`Inc. or AGIS Holdings, Inc., including the bank account(s) from which the payment was made or to
`which the payment was deposited.
`RESPONSE TO TOPIC NO. 2
`AGIS Software incorporates by reference its General Objections as if fully set forth herein.
`AGIS Software 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 Software objects to this Topic to the extent that it is cumulative and
`duplicative of discovery already obtained in this case. AGIS Software objects to this Topic to the
`extent it seeks information protected by the attorney-client privilege, the work-product doctrine,
`and/or any other applicable privilege or immunity. AGIS Software objects to this Topic as seeking
`information not relevant to any issue, or the claims or defenses of any party to this Action, and 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 Software further objects to this Topic to the
`extent that it calls for legal opinions, contentions, or conclusions. AGIS Software further objects to
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
`5:21-cv-04653-BLF
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`RUSS AUGUST & KABAT
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 9 of 14
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`this Topic as unclear, vague, and ambiguous, particularly with respect to the phrase “transfers of
`money,” “made or received by AGIS Software,” and “all payments for facilities, staff, services,
`patent licenses, capital contributions, and/or transfers.”
`Subject to and without waiving its General and Specific Objections, AGIS Software will
`designate a witness to testify regarding relevant, non-privileged, non-immune information
`responsive to this Topic to the extent such information exists and is within AGIS Software’s
`possession, custody, or control, and to the extent AGIS Software understands the information sought
`by this Topic.
`TOPIC NO. 3
`All corporate meetings, including but not limited to any board or officer meetings, performed
`by AGIS Software from 2017 to the present, including attendees, agendas, and associated meeting
`minutes for each meeting.
`RESPONSE TO TOPIC NO. 3
`AGIS Software incorporates by reference its General Objections as if fully set forth herein.
`AGIS 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 Software objects to this Topic to the extent that it is cumulative and duplicative of discovery
`already obtained in this case. AGIS Software objects to this Topic to the extent it seeks information
`protected by the attorney-client privilege, the work-product doctrine, and/or any other applicable
`privilege or immunity. AGIS Software objects to this Topic as seeking information not relevant to
`any issue, or the claims or defenses of any party to this Action, and 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 Software objects to this Topic as unclear, vague, and ambiguous,
`particularly with respect to the phrase “performed by AGIS Software.”
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
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`Subject to and without waiving its General and Specific Objections, AGIS Software will
`designate a witness to testify regarding relevant, non-privileged, non-immune information
`responsive to this Topic to the extent such information exists and is within AGIS Software’s
`possession, custody, or control, and to the extent AGIS Software understands the information sought
`by this Topic.
`TOPIC NO. 4
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`All reasons why AGIS Software was formed in 2017.
`RESPONSE TO TOPIC NO. 4
`AGIS Software incorporates by reference its General Objections as if fully set forth herein.
`AGIS 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 Software objects to this Topic to the extent that it is cumulative and duplicative of discovery
`already obtained in this case. AGIS Software objects to this Topic to the extent it seeks information
`protected by the attorney-client privilege, the work-product doctrine, and/or any other applicable
`privilege or immunity. AGIS Software objects to this Topic as seeking information not relevant to
`any issue, or the claims or defenses of any party to this Action, and 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 Software objects to this Topic as unclear, vague, and ambiguous,
`particularly with respect to the phrase “All reasons why AGIS Software was formed in 2017.”
`Subject to and without waiving its General and Specific Objections, AGIS Software will
`designate a witness to testify regarding relevant, non-privileged, non-immune information
`responsive to this Topic to the extent such information exists and is within AGIS Software’s
`possession, custody, or control, and to the extent AGIS Software understands the information sought
`by this Topic.
`TOPIC NO. 5
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 11 of 14
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`All employees, independent contractors, agents, or other Persons who have performed work
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`for or on behalf of AGIS Software since 2017, the type of work performed by each, any agreement
`with AGIS Software pertaining to that work, and whether each has also performed work for
`Advanced Ground Information Systems, Inc. and/or AGIS Holdings, Inc.
`RESPONSE TO TOPIC NO. 5
`AGIS Software incorporates by reference its General Objections as if fully set forth herein.
`AGIS 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 Software objects to this Topic to the extent that it is cumulative and duplicative of discovery
`already obtained in this case. AGIS Software objects to this Topic to the extent it seeks information
`protected by the attorney-client privilege, the work-product doctrine, and/or any other applicable
`privilege or immunity. AGIS Software objects to this Topic as seeking information not relevant to
`any issue, or the claims or defenses of any party to this Action, and 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 Software objects to this Topic as unclear, vague, and ambiguous.
`Subject to and without waiving its General and Specific Objections, AGIS Software will
`designate a witness to testify regarding relevant, non-privileged, non-immune information
`responsive to this Topic to the extent such information exists and is within AGIS Software’s
`possession, custody, or control, and to the extent AGIS Software understands the information sought
`by this Topic.
`TOPIC NO. 6
`Facts and circumstances supporting or refuting whether Advanced Ground Information
`Systems, Inc. and/or AGIS Holdings, Inc. is an alter ego of AGIS Software Development LLC,
`including whether:
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 12 of 14
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`AGIS Software Development LLC commingles or have ever commingled funds with
`Advanced Ground Information Systems, Inc. and/or AGIS Holdings, Inc.;
`AGIS Software Development LLC maintains corporate minutes;
`AGIS Software Development LLC is dominated or controlled by the same Persons as
`Advanced Ground Information Systems, Inc. and/or AGIS Holdings, Inc.;
`AGIS Software Development LLC uses or otherwise shares an office or other business
`location with Advanced Ground Information Systems, Inc. and/or AGIS Holdings, Inc.;
`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 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.
`RESPONSE TO TOPIC NO. 6
`AGIS Software incorporates by reference its General Objections as if fully set forth herein.
`AGIS 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 Software objects to this Topic to the extent that it is cumulative and duplicative of discovery
`already obtained in this case. AGIS Software objects to this Topic to the extent it seeks information
`protected by the attorney-client privilege, the work-product doctrine, and/or any other applicable
`privilege or immunity. AGIS Software objects to this Topic as seeking information not relevant to
`any issue, or the claims or defenses of any party to this Action, and not proportional to the needs of
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`DEFENDANT AGIS SOFTWARE’S OBJECTIONS AND RESPONSES TO LYFT’S JURISDICTIONAL 30(b)(6) NOTICE
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 13 of 14
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`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 Software objects to this Topic as unclear, vague, and ambiguous,
`particularly with respect to the phrases “commingles,” “have ever commingled funds,” “dominated
`or controlled,” “shell company,” “instrumentality or conduit,” and “adequately capitalized.” AGIS
`Software objects to this Topic as having multiple subparts, each being a separate Topic.
`Subject to and without waiving its General and Specific Objections, AGIS Software will
`designate a witness to testify regarding relevant, non-privileged, non-immune information
`responsive to this Topic to the extent such information exists and is within AGIS Software’s
`possession, custody, or control, and to the extent AGIS Software understands the information sought
`by this Topic.
`DATED: February 18, 2022
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`Respectfully submitted,
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`RUSS AUGUST & KABAT
`By: /s/ Benjamin T. Wang
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` Benjamin T. Wang
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`Alfred R. Fabricant
`ffabricant@fabricantllp.com
`Peter Lambrianakos
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`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 Defendant
`AGIS Software Development LLC
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`Case 5:21-cv-04653-BLF Document 78-7 Filed 03/28/22 Page 14 of 14
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`CERTIFICATE OF SERVICE
`The undersigned hereby certified that a true and correct copy of the above and foregoing
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`document has been served via electronic mail on February 18, 2022, to all counsel of record.
`I declare under the penalty of perjury that the foregoing is true and correct.
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`DATED: Februay 18, 2022
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`/s/ Benjamin T. Wang
` Benjamin T. Wang
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