Case 2:21-cv-00072-JRG-RSP Document 373-8 Filed 03/29/22 Page 1 of 5 PageID #:
`23504
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`Exhibit 8
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`Case 2:21-cv-00072-JRG-RSP Document 373-8 Filed 03/29/22 Page 2 of 5 PageID #:
`23505
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`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Taylor, Jeremy
`Friday, November 12, 2021 12:10 PM
`Enrique Iturralde
`Fred Fabricant; Vincent Rubino; Amy Park; jtruelove@mckoolsmith.com; AGIS; DL Lyft
`AGIS; EXT Dacus, Deron (Dell)
`RE: AGIS--stipulated stay
`
`Thank you Enrique. I don’t believe you confirmed whether or not AGIS would agree to a stay in your earlier email. Is
`AGIS unwilling to stipulate to a stay in this case in light of Judge Payne’s report and recommendation to dismiss this case
`for improper venue? If so, please explain why AGIS opposes a stay in this situation.
`
`If AGIS is refusing to agree to a stay, please confirm when on Monday morning AGIS’s lead and local counsel would be
`available to meet and confer on this issue.
`
`Jeremy J. Taylor | Baker Botts L.L.P.
`office 415.291.6202 | mobile 510.688.0999
`
`From: Enrique Iturralde <eiturralde@fabricantllp.com>
`Sent: Friday, November 12, 2021 10:55 AM
`To: Taylor, Jeremy <jeremy.taylor@bakerbotts.com>
`Cc: Fred Fabricant <ffabricant@fabricantllp.com>; Vincent Rubino <vrubino@fabricantllp.com>; Amy Park
`<apark@fabricantllp.com>; jtruelove@mckoolsmith.com; AGIS <AGIS@fabricantllp.com>; DL Lyft AGIS
`<DLLyftAGIS@BakerBotts.com>; EXT Dacus, Deron (Dell) <ddacus@dacusfirm.com>
`Subject: Re: AGIS--stipulated stay
`
`[EXTERNAL EMAIL]
`
`Jeremy,
`
`AGIS will proceed as set forth in my earlier email.
`
`AGIS lead and local are traveling and unavailable today. They can be available Monday morning.
`
`Regards,
`Enrique
`
`From: Taylor, Jeremy <jeremy.taylor@bakerbotts.com>
`Sent: Friday, November 12, 2021 12:38 AM
`To: Enrique Iturralde <eiturralde@fabricantllp.com>
`Cc: Fred Fabricant <ffabricant@fabricantllp.com>; Vincent Rubino <vrubino@fabricantllp.com>; Amy Park
`<apark@fabricantllp.com>; jtruelove@mckoolsmith.com <jtruelove@mckoolsmith.com>; AGIS
`<AGIS@fabricantllp.com>; DL Lyft AGIS <DLLyftAGIS@BakerBotts.com>; EXT Dacus, Deron (Dell)
`
`1
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`Case 2:21-cv-00072-JRG-RSP Document 373-8 Filed 03/29/22 Page 3 of 5 PageID #:
`23506
`
`<ddacus@dacusfirm.com>
`Subject: Re: AGIS--stipulated stay
`
`Enrique,
`
`As you know, discovery closed over a week ago. Learning now that AGIS did not produce relevant documents during the
`discovery period not only prejudices Lyft’s ability to defend itself, but also confirms that AGIS failed to comply with its
`discovery obligations in this case. Your offer to produce these materials AFTER close of discovery confirms the problems
`raised in my email and does nothing to ameliorate the harm that has already occurred.
`
`Ordinarily, upon learning of these discovery deficiencies we would move the Court for appropriate relief to address the
`prejudice, which cannot be fully cured by producing documents after the close of discovery. However, as I noted in my
`previous email, because Judge Payne has recommended this case be dismissed for improper venue, if AGIS will agree to
`stipulate to stay the case with respect to Lyft, we need not bother the Court with a motion raising these deficiencies.
`
`As requested, please confirm if AGIS will agree to a stay of the case, and if not, please confirm a time tomorrow, Nov. 12,
`for lead and local counsel to meet and confer on the issue.
`
`Thanks,
`Jeremy
`
`Jeremy J. Taylor | Baker Botts L.L.P.
`office 415.291.6202 | mobile 510.688.0999
`
`On Nov 11, 2021, at 7:16 PM, Enrique Iturralde <eiturralde@fabricantllp.com> wrote:
`
`[EXTERNAL EMAIL]
`
`Jeremy,
`
`After Ms. Beyer's deposition, counsel for Lyft requested that we go back and collect "meeting minutes."
`We collected the paper versions of "meeting minutes" identified by Ms. Beyer during her deposition,
`and produced them before the close of fact discovery. As you can see, there's nothing relevant to any
`claims/defenses in those "meeting minutes." I don't know what else you're looking for, but there's
`nothing else titled or referenced as "meeting minutes."
`
`I was present at today's deposition of Ms. Clark. Lyft's counsel spent approximately two hours on the
`record asking questions about document retention and locations of documents. The general takeaway
`from Ms. Clark's deposition is that AGIS Inc. systematically retains its code and documents, including in
`version control, as you acknowledge in your email.
`
`Ms. Clark testified that all LifeRing manuals were saved on the SVN repository, which was made
`available for inspection on the LifeRing source code review machine. In similar fashion, Lyft produced
`technical documents on its source code review machine, and we requested them for printing. However,
`Lyft waited until November 3 (the last day of discovery) to send its counsel to inspect the LifeRing source
`code review machine, and Lyft's counsel did not request any printouts of any LifeRing code or
`documents. As a courtesy, we will print the technical documentation requested, including the LifeRing 6
`manual identified in your email, and we will produce it.
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`Case 2:21-cv-00072-JRG-RSP Document 373-8 Filed 03/29/22 Page 4 of 5 PageID #:
`23507
`Ms. Clark also testified that she had some testing spreadsheets related to LifeRing testing. She testified
`that these spreadsheets were her notes. Lyft did not serve a document subpoena on Ms. Clark, and
`Lyft's subpoena to AGIS, Inc. did not request testing documents. Again, as a courtesy, we will collect Ms.
`Clark's testing spreadsheets and produce any that have not been produced already.
`
`I believe this addresses all the issues in your email, but please let me know if I missed anything. Of
`course, if there are additional requests after later depositions, we would remain willing take up those
`requests/questions then.
`
`Regards,
`Enrique
`
`From: Taylor, Jeremy <jeremy.taylor@bakerbotts.com>
`Sent: Thursday, November 11, 2021 8:26 PM
`To: Fred Fabricant <ffabricant@fabricantllp.com>; Vincent Rubino <vrubino@fabricantllp.com>; Enrique
`Iturralde <eiturralde@fabricantllp.com>; Amy Park <apark@fabricantllp.com>;
`jtruelove@mckoolsmith.com <jtruelove@mckoolsmith.com>
`Cc: AGIS <AGIS@fabricantllp.com>; DL Lyft AGIS <DLLyftAGIS@BakerBotts.com>; EXT Dacus, Deron (Dell)
`<ddacus@dacusfirm.com>
`Subject: AGIS--stipulated stay
`
`Counsel,
`It is becoming apparent that widespread discovery deficiencies exist in AGIS’s document production and
`discovery responses. Prior to Ms. Clark’s deposition earlier today, we were aware of certain
`deficiencies, but the broad extent of these deficiencies is becoming more clear in light of recent
`testimony.
`For example, prior to Ms. Clark’s deposition, we had requested production of AGIS, Inc.’s board meeting
`minutes and were assured that these had been produced. Counsel went as far as identifying a specific
`documents alleged to be the missing meeting minutes, but Ms. Beyer confirmed in her deposition that
`the identified documents were not the missing meeting minutes and that the missing meeting minutes
`had not even been requested from her by AGIS’s counsel. Despite repeated correspondence and
`assurances that the requested meeting minutes would be produced on the final day of discovery, Nov. 3,
`AGIS has still not produced a complete set of the missing meeting minutes.
`In Ms. Clark’s deposition earlier today, further discovery deficiencies were identified. For example, Ms.
`Clark testified that AGIS, Inc. updates its user manuals to reflect version changes, and confirmed that
`AGIS, Inc. updated its user manual for LifeRing 6.0, which was released earlier this year. AGIS has not
`produced the user manual for LifeRing 6.0, and it appears AGIS has not produced any manuals related to
`AGIS, Inc.’s LifeRing products that have been created since 2017. As another example, Ms. Clark
`testified that she creates and locally stores testing spreadsheets, and that AGIS, Inc. creates and
`maintains testing spreadsheets for all formal releases (e.g., release 6.0). Lyft has been unable to locate
`any such testing spreadsheets created after 2017.
`In light of what appears to be growing evidence of systemic failures to adequately collect and/or
`preserve documents by AGIS, Lyft believes it would be appropriate to reopen discovery and adjust the
`case schedule to address these deficiencies. However, in light of Judge Payne’s recent Order
`recommending dismissal of this lawsuit for improper venue, Lyft would agree to a stipulated stay of all
`deadlines pertaining to Lyft in the case and address these issues at a later time, if needed.
`Please confirm by tomorrow, Nov. 12, if AGIS will agree to a stipulated stay of all deadlines in this case
`against Lyft while the Parties await Judge Gilstrap’s decision on Judge Payne’s Report and
`Recommendation. If AGIS is not willing to stay Lyft’s deadlines in light of the Report and
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`Case 2:21-cv-00072-JRG-RSP Document 373-8 Filed 03/29/22 Page 5 of 5 PageID #:
`23508
`Recommendation, please provide a time tomorrow for lead and local counsel to meet and confer on the
`issue.
`Thanks,
`Jeremy
`
`Jeremy J. Taylor | Baker Botts L.L.P.
`office 415.291.6202 | mobile 510.688.0999
`
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