Case 2:21-cv-00072-JRG-RSP Document 373-2 Filed 03/29/22 Page 1 of 4 PageID #:
`23399
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`Exhibit 2
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`Case 2:21-cv-00072-JRG-RSP Document 373-2 Filed 03/29/22 Page 2 of 4 PageID #:
`23400
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`August 20, 2021
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`VIA EMAIL (BETHANY.SALPIETRA@BAKERBOTTS.COM)
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`Bethany Salpietra, Esq.
`Baker Botts LLP
`2001 Ross Avenue
`Dallas, Texas 75201
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`Re:
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`AGIS Software Development LLC v. Lyft, Inc.
`Case No. 2:21-cv-00024-JRG-RSP (E.D. Tex.)
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`Counsel:
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` I
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` write on behalf of Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”)
`regarding the production of documents and things by Lyft, Inc. (“Lyft”) in the referenced case.
`As we have stated in past correspondence, the Discovery Order requires production of all
`relevant documents and things without request (Dkt. No. 79, ¶ 3), and Local Rule CV-26(d)
`provides guidance on whether a particular piece of information is “relevant to any party’s claim
`or defense,” including information that:
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`(1)
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`(2)
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`(3)
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`(4)
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`(5)
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`would not support the disclosing parties’ contentions;
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`includes those persons who, if their potential testimony were known, might reasonably be
`expected to be deposed or called as a witness by any of the parties;
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`is likely to have an influence on or affect the outcome of a claim or defense;
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`deserves to be considered in the preparation, evaluation, or trial of a claim or defense;
`and
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`reasonable and competent counsel would consider reasonably necessary to prepare,
`evaluate, or try a claim or defense.
`
`In this case, Lyft’s defense includes an allegation of improper venue, and the parties have
`completed briefing on Lyft’s motion to dismiss for improper venue. Dkt. 30. In spite of the
`parties’ extensive briefing of their positions relative to Lyft’s venue defense and Plaintiff’s
`request during briefing for discovery on a number of issues related to Lyft’s venue defense, Lyft
`has produced no documents or witnesses on the issues related to the defense of improper venue
`and AGIS’s opposition.
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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 373-2 Filed 03/29/22 Page 3 of 4 PageID #:
`23401
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`Bethany R. Salpietra, Esq.
`August 20, 2021
`Page 2
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`In view of the Court’s Order (Dkt. 125), AGIS provides this correspondence and accompanying
`interrogatories listing the venue discovery expected and sought by AGIS. AGIS expects Lyft
`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 Lyft 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. Unless
`otherwise noted, each category below encompasses all time periods relevant to this case,
`including from such time that the Lyft Accused Products were in the development phase through
`the present. 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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`AGIS hereby requests that Lyft produce:
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`(1)
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`(2)
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`(3)
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`(4)
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`(5)
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`Documents sufficient to identify and describe in detail 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 Lyft, any affiliate of
`Lyft, or any employees, consultants, or personnel of Lyft.
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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 and describe, in detail, all employees, officers, directors,
`contractors, vendors, agents, and third parties of Lyft and its affiliates including, but not
`limited to, all Person(s) that reside in or work in the EDTX and in the counties adjacent to
`the EDTX including, but not limited to, employment agreements with Lyft drivers which
`detail, for example, conditions of Lyft vehicles, driver requirements, terms and services,
`and driver addendums entered by each Lyft driver.
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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 Lyft and its
`affiliates, in the EDTX and in the counties adjacent to the EDTX.
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`Documents sufficient to identify and describe, in detail, any physical property marked
`with Lyft signage that is leased, owned, or otherwise used by Lyft, Lyft drivers, and Lyft
`vehicles; any Lyft Express Drive locations including, but not limited to, the Lyft Express
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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 373-2 Filed 03/29/22 Page 4 of 4 PageID #:
`23402
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`Bethany R. Salpietra, Esq.
`August 20, 2021
`Page 3
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`Drive locations in Plano, Texas; and any “Lyft Zones” including, but not limited to, the
`Denton County Transportation Authority “Lyft Zones” located in at least Denton, Frisco,
`and McKinney counties.
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`Further, AGIS requests that Lyft identify and produce for deposition one or more witnesses
`knowledgeable to testify regarding the venue discovery sought in this correspondence and in
`AGIS’s Interrogatory Nos. 10-14, served concurrently with this correspondence. AGIS requests
`Lyft’s confirmation that Lyft will produce the above-requested documents and provide complete
`responses to Interrogatory Nos. 10-14 by August 27, 2021 and provide deposition availability for
`all venue discovery witnesses by September 3, 2021. To the extent Lyft is unable to provide
`these confirmations, we request your availability to meet and confer to determine a venue
`discovery schedule and to discuss the schedule’s impact on the Court’s evidentiary hearing
`regarding Lyft’s motion to dismiss.
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`The above list is non-exhaustive, and the failure to identify any particular category of documents
`in this letter is not a waiver of AGIS’s right to the discovery of any relevant information.
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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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