Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 1 of 9
`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 1of9
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`EXHIBIT 11
`EXHIBIT 11
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 2 of 9
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`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 FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`TO DEFENDANT AGIS SOFTWARE
`DEVELOPMENT LLC, ADVANCED
`GROUND INFORMATION SYSTEMS,
`INC., AND AGIS HOLDINGS, INC.
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
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`Case No. 5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 3 of 9
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`LYFT, INC.’S FIRST SET OF INTERROGATORIES
`Pursuant to Federal Rule of Civil Procedure 33, the Local Rules of this Court, and The
`Court’s January 28, 2022 Order, Plaintiff Lyft, Inc. (“Lyft”) hereby submits this first set of
`jurisdictional interrogatories to AGIS Software Development LLC (“AGIS Software”), Advanced
`Ground Information Systems, Inc. (“AGIS, Inc.”), and AGIS Holdings, Inc. (“AGIS Holdings”).
`Responses shall be provided to the office of Baker Botts L.L.P., 101 California Street, Suite 3600,
`San Francisco, CA 94111, or at such other places as counsel may agree upon, within thirty (30) days
`of service of these Interrogatories.
`
`DEFINITIONS
`The following definitions are set forth for the purposes of these interrogatories and should
`be considered part of each interrogatory.
`1.
`Preliminary Definitions: The present tense includes the past and future tenses. The
`singular includes the plural, and the plural includes the singular. The terms “any” and “all” shall be
`construed as “any and all.” “Including” means “including but not limited to.” Words in the
`masculine, feminine, or neuter form shall include each of the other genders. The use of a verb in
`any tense shall be construed as the use of the verb in all other tenses. The terms “and” and “or” are
`terms of inclusion and not of exclusion and are to be construed either disjunctively or conjunctively
`as necessary to make the request inclusive rather than exclusive. The use of the term “the” shall not
`be construed as limiting the scope of any request.
`2.
`“Lyft” and “Plaintiff” mean plaintiff Lyft, Inc. as well as any agents, affiliates, or
`other persons acting on Lyft’s behalf.
`3.
`“AGIS,” “Defendant,” “You,” or “Your” means defendant AGIS Software
`Development LLC (“AGIS Software”) and includes, without limitation, (a) any of its divisions,
`departments, or other organizational or operational units; (b) all of its predecessor or successor
`companies, corporations, or other business entities, including its parents and affiliates (specifically
`including Advanced Ground Information Systems, Inc. (“AGIS, Inc.”) and AGIS Holdings, Inc.
`(“AGIS Holdings”)); (c) all present and former officers, directors, employees, consultants, agents,
`
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`
`
`Case No. 5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 4 of 9
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`attorneys, affiliates, or others acting or purporting to act in whole or in part with any of the foregoing,
`directly or indirectly.
`4.
`“Third Party” or “Third Parties” means anyone other than Lyft or AGIS.
`5.
`“Person” means any natural person, proprietorship, association, partnership, firm,
`corporation, joint venture, government, or other legal entity, and shall include the owners, officers,
`directors, agents, trustees, parents, subsidiaries, affiliates, assigns, predecessors, and successors of
`such “Person.”
`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.
`“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.
`8.
`“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,
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`Case No. 5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 5 of 9
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`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.
`9.
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`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.
`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.
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`INSTRUCTIONS
`The following instructions apply to the interrogatories below and should be considered part
`of each interrogatory.
`1.
`These instructions and definitions should be construed to require answers based upon
`the knowledge of, and information available to, the responding party as well as its agents,
`representatives, and, unless privileged, attorneys. It is intended that the following discovery requests
`will not solicit any material protected either by the attorney/client privilege or work product doctrine
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`Case No. 5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 6 of 9
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`which was created by, or developed by, counsel for the responding party after the date on which this
`litigation was commenced.
`2.
`In accordance with Fed. R. Civ. P. 26(b)(5), where a claim of privilege is asserted in
`objecting to any interrogatory or part thereof, and information is not provided on the basis of such
`assertion, the responding party shall, in the objection to the interrogatory, or part thereof, identify
`with specificity the nature of the privilege (including work product) that is being claimed.
`3.
`All interrogatories must be answered fully, in writing, and signed under oath by
`Defendant. When answering and responding to these interrogatories, You are requested to furnish
`all information available to You or subject to Your control and also information available to Your
`officers, directors, employees, attorneys, accountants, investigators, representatives, agents, and any
`other person acting on behalf of AGIS. If any interrogatory cannot be answered fully after
`exercising reasonable diligence, You must (a) furnish as complete an answer as possible; (b) explain
`in detail the reasons why You cannot give a full answer; and (c) state what is needed to be done to
`be in a position to answer the interrogatory fully, and estimate when You will be in that position.
`4.
`If, after responding, AGIS or any person acting on its behalf obtains or becomes
`aware of any further information in response to this First Set of Interrogatories, AGIS is required to
`supplement its responses and provide Plaintiff with such additional information.
`5.
`If any documents referred to in Your response to these interrogatories were in Your
`possession, custody, or control as of the first date that You contemplated suit against Defendant, but
`are no longer in Your Possession, custody, or control, state what happened to them and when. If
`any documents referred to in response to these interrogatories have been lost or destroyed, describe
`in detail the circumstances of such loss or destruction and identify each lost or destroyed document
`(and all files that contained such documents).
`6.
`If You elect to specify and produce business records in answer to any interrogatory,
`the specification shall be in sufficient detail to permit Lyft to locate and identify, as readily as You
`can, the business records from which the answer may be ascertained.
`7.
`If You object to an interrogatory on the grounds that it is vague or ambiguous,
`identify the particular words, terms, or phrases that make such interrogatory vague or ambiguous.
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`Case No. 5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 7 of 9
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`If any interrogatory request is ambiguous or unclear to You, You are requested to contact the
`undersigned counsel as soon as possible so that the request can be clarified to avoid unnecessary
`delays in discovery.
`8.
`If You object to an interrogatory on the grounds that it is overly broad, provide a
`response to any portion of the interrogatory that You concede is relevant or reasonably calculated
`to lead to the discovery of admissible evidence.
`9.
`None of the definitions, instructions, or interrogatories set forth herein shall be
`construed as an admission by Lyft relating to the existence of any evidence, to the relevance or
`admissibility of any evidence, or to the truth or accuracy of any statement or characterization in the
`definition, instruction, or interrogatory.
`INTERROGATORIES
`
`Jurisdictional Interrogatory No. 1:
`Identify all interactions, including Communications, between AGIS Software, AGIS
`Holdings, and/or AGIS, 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
`AGIS, Inc., licensees or potential licensees of AGIS Software and/or AGIS, 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”).
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`Jurisdictional Interrogatory No. 2:
`Identify 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
`
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`
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`Case No. 5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 8 of 9
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`licenses, capital contributions, and/or transfers involving AGIS, Inc. or AGIS Holdings, including
`the bank account(s) from which the payment was made or to which the payment was deposited.
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`Jurisdictional Interrogatory No. 3:
`Identify 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.
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`Jurisdictional Interrogatory No. 4:
`Identify all reasons why AGIS Software was formed
`contemporaneous supporting Documents.
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`Jurisdictional Interrogatory No. 5:
`Identify all employees, independent contractors, agents, or other Persons who have
`performed work 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 AGIS, Inc. and/or AGIS Holdings.
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`Dated: February 4, 2022
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`in 2017 and associated
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`By:
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` Respectfully submitted,
`
`/s/ Jeremy J. Taylor
`Jeremy J. Taylor
`
`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
`
`
`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`
`
`Case No. 5:21-cv-04653-BLF
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`

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`Case 5:21-cv-04653-BLF Document 88-11 Filed 04/06/22 Page 9 of 9
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`Dallas, TX 75201
`Telephone: 214.953.6500
`Facsimile: 214.953.6503
`
`Attorneys for Plaintiff Lyft, Inc.
`
`
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`CERTIFICATE OF SERVICE
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`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/ Jeremy J. Taylor
`Jeremy J. Taylor
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`LYFT, INC.’S FIRST SET OF
`JURISDICTIONAL INTERROGATORIES
`
`
`
`Case No. 5:21-cv-04653-BLF
`
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