Case 5:21-cv-04653-BLF Document 78-3 Filed 03/28/22 Page 1 of 8
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`Exhibit 2
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`Case 5:21-cv-04653-BLF Document 78-3 Filed 03/28/22 Page 2 of 8
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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
`
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`LYFT, INC.
`
`Plaintiff,
`
`v.
`AGIS SOFTWARE DEVELOPMENT LLC,
`Defendant.
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`PLAINTIFF LYFT, INC.’S
`JURISDICTIONAL 30(B)(6) NOTICE TO
`DEFENDANT AGIS SOFTWARE
`DEVELOPMENT LLC
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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 78-3 Filed 03/28/22 Page 3 of 8
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`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`Procedure, counsel for Plaintiff Lyft, Inc. (“Lyft”), will take the video deposition of Defendant
`AGIS Software Development LLC (“AGIS Software”).
`The deposition will take place on March 4, 2022 beginning at 9:00 a.m. and continuing
`thereafter until completed, remotely by video teleconference through web-based software, or at
`another time mutually agreed to by the parties. The deposition shall be taken before a court reporter
`or other person qualified to administer the oath and shall be recorded by videotape and stenographic
`means.
`Pursuant to Fed. R. Civ. P. 30(b)(6), AGIS Software is required to produce one or more
`officers, directors, managing agents, or other persons who are designated and consent to testify on
`its behalf as to each of the subject matters set forth below. The deposition will proceed in accordance
`with the Federal Rules of Civil Procedure and the Court’s Order Granting Jurisdictional Discovery
`(Dkt. No. 61), unless otherwise agreed. AGIS Software is requested to identify in writing to Lyft,
`sufficiently in advance of the deposition, the one or more officers, directors, managing agents, or
`other persons who consent to testify on AGIS Software’s behalf and the subject matters on which
`each person will testify.
`Pursuant to Rules 30(b)(2) and 34 of the Federal Rules of Civil Procedure, AGIS Software
`is requested to produce all Documents and things relevant to the subject matter of the deposition
`topics herein reasonably in advance of the deposition. “Documents and things” as used herein have
`the same meaning as those terms do in Federal Rule of Civil Procedure 34.
`DEFINITIONS
`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.” The term “each”
`shall be construed as “each and every.” 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
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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 78-3 Filed 03/28/22 Page 4 of 8
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`inclusive rather than exclusive. The use of the term “the” shall not be construed as limiting the
`scope of any request.
`2.
`“AGIS Software,” “Plaintiff,” “You,” or “Your” means plaintiff AGIS Software
`Development LLC 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. and AGIS Holdings, Inc.); (c) all present and former officers,
`directors, employees, consultants, agents, attorneys, affiliates, or others acting or purporting to act
`in whole or in part with any of the foregoing, directly or indirectly.
`3.
`“Lyft” and “Defendant” mean defendant Lyft, Inc. as well as any agents, affiliates,
`or other persons acting on Lyft’s behalf.
`“Employee” means any officer, director, partner, employee, representative, or agent.
`4.
`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.
`“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.
`7.
`“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
`Software’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,
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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 78-3 Filed 03/28/22 Page 5 of 8
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`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.
`8.
`“Thing” means all categories of tangible objects not included within the definition
`of “Document.”
`9.
`“Concerning,” “concern(s),” “referring to,” “relating to,” “related to,” “relate(s) to”,
`“pertaining to,” or “pertain(s) to” shall mean identifying, referring to, concerning, evidencing,
`demonstrating, summarizing, reflecting, constituting, containing, embodying, mentioning,
`pertaining to, commenting on, connected with, discussing, describing, analyzing, showing,
`comprising, illustrating, stating, dealing with, responding to, involving, recording, supporting,
`negating, or relating to in any way relevant to a particular subject, in whole or in part, either directly
`or indirectly.
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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 78-3 Filed 03/28/22 Page 6 of 8
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`TOPICS
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`1. All interactions, including Communications, between AGIS Software, AGIS Holdings, Inc.,
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`and/or Advanced Ground Information Systems, Inc. and any Person, company, or entity
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`located, based, or incorporated in California from 2015 to the present, including but not
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`limited to customers or potential customers of Advanced Ground Information Systems, Inc.,
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`licensees or potential licensees of AGIS Software and/or Advanced Ground Information
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`Systems, Inc., law enforcement agencies, fire departments, first responders, state and local
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`government agencies or departments, current and former members of the military, the State
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`of California and any of its departments or divisions, ADI Technologies, Inc., Maven
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`Research, Inc. or “Maven Consulting”, CornerTurn LLC, Integrity Applications, Inc.,
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`American Reliance Inc., Green Hills Software LLC, Life360, Inc., Apple Inc., WhatsApp
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`LLC, Facebook, Inc., Google LLC, Smith Micro Software LLC, T-Mobile U.S., Inc., Waze
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`LLC, HTC Corporation and Samsung Electronics America, Inc. and/or Uber Technologies,
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`Inc. d/b/a UBER (“Uber”).
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`2. All transfers of money, including payments, made to or received by AGIS Software from
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`2017 to the present, including but not limited to all payments for facilities, staff, services,
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`patent licenses, capital contributions, and/or transfers involving Advanced Ground
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`Information Systems, Inc. or AGIS Holdings, Inc., including the bank account(s) from which
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`the payment was made or to which the payment was deposited.
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`3. All corporate meetings, including but not limited to any board or officer meetings, performed
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`by AGIS Software from 2017 to the present, including attendees, agendas, and associated
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`meeting minutes for each meeting.
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`4. All reasons why AGIS Software was formed in 2017.
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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 78-3 Filed 03/28/22 Page 7 of 8
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`5. 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
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`agreement with AGIS Software pertaining to that work, and whether each has also performed
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`work for Advanced Ground Information Systems, Inc. and/or AGIS Holdings, Inc.
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`6. Facts and circumstances supporting or refuting whether Advanced Ground Information
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`Systems, Inc. and/or AGIS Holdings, Inc. is an alter ego of AGIS Software Development
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`LLC, including whether:
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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.;
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`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.
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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 78-3 Filed 03/28/22 Page 8 of 8
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`Dated: February 4, 2022
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`By:
`
` 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
`Dallas, TX 75201
`Telephone: 214.953.6500
`Facsimile: 214.953.6503
`
`Attorneys for Plaintiff Lyft, Inc.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that all counsel of record who have consented to electronic service are
`being served with a copy of this document via electronic mail on February 4, 2022.
`
`
`
`
`
`/s/ Jeremy J. Taylor
`Jeremy J. Taylor
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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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