Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 1 of 15
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`Exhibit 9
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 2 of 15
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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
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`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
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`Attorneys for Non-Party
`AGIS Holdings, Inc.
`
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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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`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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`AGIS HOLDINGS, INC.’S OBJECTIONS
`AND RESPONSES TO PLAINTIFF LYFT,
`INC.’S SUBPOENA TO TESTIFY IN A
`CIVIL ACTION
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`Hon. Judge Beth Labson Freeman
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
`5:21-cv-04653-BLF
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 3 of 15
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`Pursuant to Federal Rule of Civil Procedure 45, non-party AGIS Holdings, Inc. (“AGIS
`Holdings, 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 AGIS
`Holdings, Inc., received on February 8, 2022.
`GENERAL OBJECTIONS
`AGIS Holdings, Inc. objects to the noticed date and time, as listed in the Subpoena,
`1.
`as unduly burdensome. AGIS Holdings, 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
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`Any statement by AGIS Holdings, Inc. that it will designate a witness to testify to
`2.
`the requests contained in the Subpoena does not constitute an admission or representation that AGIS
`Holdings, Inc. has any knowledge or information related to a given request.
`AGIS Holdings, 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 Holdings, 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 Holdings, Inc. objects to the Subpoena to the extent that it expands the scope
`4.
`of permissible discovery or seeks to impose discovery obligations that differ from or exceed those
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`1 This subpoena is not properly issued and served under F.R.C.P. Rule 45 and AGIS Holdings,
`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 Holdings, 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 ordered by the Court.
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
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`set forth in the Federal Rules of Civil Procedure, the Local Rules of this Court, and applicable Court
`Orders. AGIS Holdings, Inc. will respond in accordance with his obligations pursuant to such Rules
`and Orders. AGIS Holdings, Inc. also objects to the Subpoena to the extent that the burden or
`expense of responding to the Subpoena outweighs the likely benefits or imposes burdens or expenses
`on AGIS Holdings, Inc. not authorized by the Federal Rules of Civil Procedure, the Local Rules of
`this Court, and applicable Court Orders.
`AGIS Holdings, Inc. objects to the Subpoena to the extent that it seeks documents or
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`information that are not relevant to a claim or defense of any party. AGIS Holdings, 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 Holdings, Inc. objects to this Subpoena to the extent it seeks confidential,
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`proprietary, or trade secret information of third parties. AGIS Holdings, 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 Holdings, Inc. and a third-party that, by its terms, may not be disclosed by AGIS
`Holdings, Inc.
`AGIS Holdings, Inc. objects to the Subpoena to the extent it seeks to impose on AGIS
`7.
`Holdings, Inc. any obligation beyond or not required by the Federal Rules of Evidence.
`AGIS Holdings, Inc. objects to the Subpoena to the extent it seeks information that
`8.
`is irrelevant, overly broad, unduly burdensome, vague, ambiguous, and/or not reasonably calculated
`to lead to the discovery of admissible evidence. AGIS Holdings, 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 Holdings, 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
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`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.
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
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`RUSS AUGUST & KABAT
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 5 of 15
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`AGIS Holdings, Inc. reserves the right to supplement its objections to the Subpoena.
`11.
`AGIS Holdings, Inc. objects to the Subpoena to the extent that it requests the
`12.
`production of documents and testimony that are not within AGIS Holdings, Inc.’s possession,
`custody, or control or are not obtainable through a reasonable and good faith inquiry into his records
`or knowledge. AGIS Holdings, Inc. 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 Holdings, Inc. also objects to the Subpoena to the extent that it purports to impose on
`AGIS Holdings, Inc. the burden of furnishing information that is equally or readily available to
`Defendant from a source other than AGIS Holdings, Inc.
`AGIS Holdings, Inc. objects to the Subpoena to the extent it calls for documents or
`13.
`information that are more appropriately sought from the parties to the above-captioned matter.
`AGIS Holdings, Inc. objects to the Subpoena to the extent that it calls for documents
`14.
`or information that are outside the scope of AGIS Holdings, Inc.’s knowledge, possession, custody,
`or control.
`AGIS Holdings, Inc. objects to the Subpoena as overly broad and unduly burdensome
`15.
`to the 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 Holdings, Inc. objects to the Subpoena as overly broad and unduly burdensome
`16.
`to the 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 Holdings, Inc. objects to the Subpoena as overly broad and unduly burdensome
`17.
`to the extent that they purport to require AGIS Holdings, Inc. to describe or identify “all,” “every,”
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 6 of 15
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`“each,” or “any” document, communication, or thing, or use other similarly expansive, infinite, or
`all-inclusive terms.
`AGIS Holdings, Inc. objects to the Subpoena to the extent it requires AGIS Holdings,
`18.
`Inc. to create or 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 Holdings, Inc. create or produce information in
`a particular format or at a particular level of detail that AGIS Holdings, Inc. does not maintain in
`the ordinary course of its business.
`AGIS Holdings, Inc. objects to the Subpoena to the extent it gives meanings to words
`19.
`different from their ordinary English meaning or definitions set forth in applicable statues or rules.
`AGIS Holdings, Inc. objects to the Subpoena to the extent that it seeks confidential,
`20.
`proprietary, or trade secret information.
`AGIS Holdings, Inc. objects to the definition of “AGIS Holdings, Inc.,” “You,” and
`21.
`“Your” as overly broad and unduly burdensome. AGIS Holdings, Inc. responds on behalf of AGIS
`Holdings, Inc. only.
`AGIS Holdings, Inc. objects to the definition of “Related Patents” as overly broad
`22.
`and unduly burdensome.
`AGIS Holdings, Inc. objects to the definition of “AGIS Software Development LLC”
`23.
`and “Plaintiff” as overly broad and unduly burdensome. AGIS Holdings, Inc. responds on behalf of
`AGIS Holdings, Inc. only. AGIS Holdings, 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 Holdings, Inc. objects to the definition of “Third Party” and “Third Parties” as
`24.
`overly broad and unduly burdensome. AGIS Holdings, Inc. responds on behalf of AGIS Holdings,
`Inc. only.
`AGIS Holdings, Inc. objects to the definition of “Document,” “Communication,” and
`25.
`“Thing,” as overly broad and unduly burdensome.
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`RUSS AUGUST & KABAT
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`AGIS Holdings, Inc. objects to the definition of “Concerning,” “concern(s),”
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`“referring to,” “relating to,” “related to,” “relate(s) to,” pertaining to,” and “pertain(s) to” as overly
`broad and unduly burdensome.
`AGIS Holdings, Inc. objects to the definition of “identify,” “include,” and
`27.
`“including” as overly broad and unduly burdensome.
`AGIS Holdings, Inc. objects to the voluminous number of requests as duplicative,
`28.
`designed to harass, vexatious, overly broad, unduly burdensome, and inappropriate for a non-party.
`Subject to and without waiving the foregoing General Objections, AGIS Holdings, Inc.
`responds as follows:
`SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS
`DOCUMENT 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”).
`RESPONSE TO DOCUMENT REQUEST NO. 1
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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 Holdings, 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
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
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`immunity. AGIS Holdings, Inc. 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 Holdings, 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 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.
`RESPONSE TO DOCUMENT REQUEST NO. 2
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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 Holdings, 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 Holdings, 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 Holdings, 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 AGIS Holdings, Inc. from 2017 to the present, including
`attendees, agendas, and associated meeting minutes for each meeting.
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
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`RUSS AUGUST & KABAT
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`RESPONSE TO DOCUMENT REQUEST NO. 3
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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 Holdings, 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 Holdings, 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 Holdings, 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. 4
`Documents sufficient to identify all reasons why AGIS Software Development LLC was
`formed in 2017.
`RESPONSE TO DOCUMENT REQUEST NO. 4
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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 Holdings, 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 Holdings, Inc. objects to this request as vague and ambiguous as to the phrase “all
`reasons why AGIS Software Development LLC was formed.” Subject to and without waiving the
`foregoing general and specific objections, AGIS Holdings, 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.
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`DOCUMENT 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.
`RESPONSE TO DOCUMENT REQUEST NO. 5
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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 Holdings, 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 Holdings, 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 Holdings, 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 Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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
`Holdings, 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 Holdings, Inc. objects to this
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
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`topic to the extent that it is cumulative and duplicative of discovery already obtained in this case.
`AGIS Holdings, 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 Holdings, 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 Holdings, Inc. states that the Court has granted Plaintiff’s motion to dismiss the complaint in
`this action and this Subpeona 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. 2
`The subject matter of all Documents identified in response to the requests for documents.
`RESPONSE TO TOPIC NO. 2
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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
`Holdings, 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 Holdings, Inc. objects to this
`topic to the extent that it is cumulative and duplicative of discovery already obtained in this case.
`AGIS Holdings, 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 Holdings, 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 Holdings, Inc. states that the Court has granted Plaintiff’s motion to
`dismiss the complaint in this action and this Subpeona 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
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 12 of 15
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`The authenticity of the Documents identified in response to the requests for documents.
`RESPONSE TO TOPIC NO. 3
`AGIS Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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
`Holdings, 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 Holdings, Inc. objects to this
`topic to the extent that it is cumulative and duplicative of discovery already obtained in this case.
`AGIS Holdings, 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. Subject to and without waiving the foregoing general and specific objections, AGIS
`Holdings, Inc. states that the Court has granted Plaintiff’s motion to dismiss the complaint in this
`action and this Subpeona 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 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;
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`AGIS HOLDINGS, INC.’S OBJECTIONS AND RESPONSES TO LYFT, INC.’S NOTICE OF SUBPOENA
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 13 of 15
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`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 Holdings, Inc. incorporates by reference its General Objections. AGIS Holdings, 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
`Holdings, 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 Holdings, Inc. objects to this
`topic to the extent that it is cumulative and duplicative of discovery already obtained in this case.
`AGIS Holdings, 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 Holdings, 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 Holdings, Inc. states that the
`Court has granted Plaintiff’s motion to dismiss the complaint in this action and this Subpeona
`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.
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`DATED: March 16, 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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`FABRICANT LLP
`Alfred R. Fabricant
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 14 of 15
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`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
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`Attorneys for Non-Party
`AGIS Holdings, Inc.
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`Case 5:21-cv-04653-BLF Document 78-10 Filed 03/28/22 Page 15 of 15
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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 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.
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`DATED: March 16, 2022
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`/s/ Benjamin T. Wang
` Benjamin T. Wang
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