Case 2:21-cv-00072-JRG-RSP Document 122-1 Filed 08/13/21 Page 1 of 3 PageID #: 2958
`Case 2:21-cv-00072-JRG-RSP Document 122-1 Filed 08/13/21 Page 1 of 3 PagelD #: 2958
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`EXHIBIT A
`EXHIBIT A
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`Case 2:21-cv-00072-JRG-RSP Document 122-1 Filed 08/13/21 Page 2 of 3 PageID #: 2959
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`August 13, 2021
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`VIA EMAIL (LISA.NGUYEN@LW.COM)
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`Lisa K. Nguyen, Esq.
`Latham & Watkins LLP
`140 Scott Drive
`Menlo Park, California 94025
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`Re:
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`AGIS Software Development LLC v. WhatsApp, Inc.,
`Case No 2:21-cv-00029-JRG-RSP (E.D. Tex.)
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`Counsel:
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`In accordance with the parties’ agreements during the August 12, 2021 conference call with the
`Court regarding venue discovery, we write to follow up on the scope of AGIS’s August 9, 2021
`venue discovery requests. As ordered by the Court, this writing is intended to clarify and narrow
`the scope of AGIS’s August 9, 2021 venue discovery requests.
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`AGIS expects WhatsApp will produce, on a timely basis, documents and things from at least the
`categories set forth below, whether electronically stored or otherwise, that are in the possession,
`custody, or control of WhatsApp and its affiliates. By identifying the following exemplary
`categories of documents for production, AGIS does not waive any right under the Federal Rules
`of Civil Procedure and/or the Eastern District of Texas Local Rules and/or Patent Rules, or any
`other applicable rules. AGIS reserves the right to seek additional discovery including, but not
`limited to, third-party discovery, based on the information produced responsive to AGIS’s venue
`discovery requests.
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`As per the parties’ agreement, AGIS seeks discovery on each category below based on the
`temporal scope of 2017 to present and the geographical scope of all counties within the Eastern
`District of Texas and all counties adjacent to the Eastern District of Texas (“EDTX”). This
`agreement was made with the understanding that Defendant will not exclude from discovery any
`information from third parties solely based on their purported residence outside of the District.
`For example, Defendant will not exclude discovery on physical locations of or agreements with
`data center, server, or colocation providers (e.g., Kansas-based QTS with locations within and
`adjacent to EDTX) or coworking or shared office space providers (e.g., New York-based
`WeWork with locations within and adjacent to EDTX) solely because the providers’ principal
`place of business is outside of the agreed geographical scope. These examples are not intended
`to be limiting in any form.
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`FABRICANT LLP | FABRICANTLLP.COM | 411 THEODORE FREMD AVE., SUITE 206 SOUTH, RYE, NY 10580 | 212.257.5797
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`Case 2:21-cv-00072-JRG-RSP Document 122-1 Filed 08/13/21 Page 3 of 3 PageID #: 2960
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`Lisa K. Nguyen, Esq.
`August 13, 2021
`Page 2
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`AGIS hereby requests that WhatsApp produce:
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`(1)
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`(2)
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`(3)
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`Documents sufficient to identify all physical property, offices, facilities, coworking
`spaces, warehouses, tangible and intangible property, equipment, servers, data centers,
`and other physical locations located in the EDTX and the counties adjacent to the EDTX,
`that are leased, owned, or otherwise used by WhatsApp, any affiliate of WhatsApp, or
`any employees, consultants, or any personnel of WhatsApp.
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`All agreements, leases, contracts, and any legal rights for all physical property, offices,
`facilities, coworking spaces, warehouses, tangible and intangible property, equipment,
`servers, data centers, other physical locations, communications services, utility services,
`and all vendor services located or performed in the EDTX and the counties adjacent to
`the EDTX;
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`Documents sufficient to identify employees, officers, directors, contractors, vendors,
`agents, and third parties of WhatsApp and its affiliate, including, but not limited to, all
`Person(s) that reside or work in the EDTX and in the counties adjacent to the EDTX.
`Plaintiff agrees that Defendant does not need to provide the full home address. Plaintiff
`requests that, for each individual, Defendant provide at least: the individual’s title,
`organization, and responsibilities; the city and county of residence of the individual; the
`full addresses of any office locations; any agreements to reimburse or otherwise provide
`payment for office space, equipment, utilities, and services; and any agreements and
`conditions of individual’s employment.
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`(4)
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`All agreements, contracts, and documents related to all business, services, transactions,
`and work delivered or performed for any customers, by or on behalf of WhatsApp and its
`affiliates, in the EDTX and in the counties adjacent to the EDTX.
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`Further, AGIS maintains its request that WhatsApp identify and produce for deposition one or
`more witnesses knowledgeable to testify regarding the venue discovery sought in this
`correspondence and in AGIS’s Interrogatories Nos. 10-13, served concurrently with this
`correspondence.
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`Sincerely,
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`/s/ Vincent J. Rubino, III
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`Vincent J. Rubino, III
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`FABRICANT LLP | FABRICANTLLP.COM | 411 THEODORE FREMD AVE., SUITE 206 SOUTH, RYE, NY 10580 | 212.257.5797
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