Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 1 of 24 PageID #:
`2476
`
`
`
`
`
`EXHIBIT A
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 2 of 24 PageID #:
`2477
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`R2 Solutions LLC,
`
`
`Plaintiff,
`
`
`v.
`
`Databricks, Inc.,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Civil Action No. 4:23-cv-01147-ALM
`
`Jury Trial Demanded
`
`R2 SOLUTIONS LLC’S NOTICE OF SUBPOENA TO
`ABNORMAL SECURITY CORPORATION
`
`PLEASE TAKE NOTICE that pursuant to Rule 45 of the Federal Rules of Civil Procedure,
`
`
`
`
`
`
`
`Plaintiff R2 Solutions LLC (“R2 Solutions”) has arranged for service of the subpoena to produce
`
`documents included in the attached Exhibit A on Abnormal Security Corporation (“Abnormal”).
`
`The subpoena requires production of documents at Special Delivery Service, Inc. Attn: Liana
`
`Solomon, 880 Mitten Road, Ste. 102, Burlingame, CA 94010, on November 11, 2024.
`
`PLEASE TAKE FURTHER NOTICE that Plaintiff has arranged for service of the attached
`
`subpoena to testify at a deposition in a civil action included in the attached Exhibit A on Abnormal.
`
`The subpoena requires Abnormal to testify at a deposition to be taken in this civil action by remote
`
`means on November 18, 2024, at 9:00 AM.
`
`
`Dated: October 23, 2024
`
`
`
`
`
`
`
`/s/ Carder W. Brooks
`Edward R. Nelson, III
`ed@nelbum.com
`State Bar No. 00797142
`Brent N. Bumgardner
`brent@nelbum.com
`State Bar No. 00795272
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 3 of 24 PageID #:
`2478
`
`Christopher G. Granaghan
`chris@nelbum.com
`State Bar No. 24078585
`John P. Murphy
`murphy@nelbum.com
`State Bar No. 24056024
`Carder W. Brooks
`carder@nelbum.com
`State Bar No. 24105536
`NELSON BUMGARDNER CONROY PC
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`817.377.9111 (telephone)
`
`COUNSEL FOR PLAINTIFF
`R2 SOLUTIONS LLC
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing document was served via email on all
`
`
`
`
`
`
`
`counsel of record on October 23, 2024.
`
`/s/ Carder W. Brooks
`
`
`
`
`2
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 4 of 24 PageID #:
`2479
`
`
`
`
`
`Exhibit A
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 5 of 24 PageID #:
`2480
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`R2 Solutions LLC,
`
`
`Plaintiff,
`
`
`v.
`
`Databricks, Inc.,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Civil Action No. 4:23-cv-01147-ALM
`
`Jury Trial Demanded
`
`SUBPOENA TO ABNORMAL SECURITY CORPORATION
`
`
`
`
`
`
`
`
`TO: Abnormal Security Corporation, c/o Luke Gabriel Reiser, 185 Clara St., Ste 100,
`San Francisco, CA 94107
`
`Pursuant to Fed. R. Civ. P. 45(b)(1), Plaintiff R2 Solutions LLC (“R2 Solutions”) requests
`
`production of documents from Abnormal Security Corporation (“Abnormal”) (as defined in
`
`Schedule A) in accordance with the enclosed subpoena.
`
`The materials requested in Schedule A are to be produced pursuant to the enclosed
`
`document subpoena at Special Delivery Service, Inc. Attn: Liana Solomon, 880 Mitten Road, Ste.
`
`102, Burlingame, CA 94010, on November 11, 2024 or another mutually agreeable time and place.
`
`Additionally, or
`
`in
`
`the
`
`alternative, you may provide
`
`them
`
`electronically
`
`to
`
`R2Solutions@nelbum.com. To the extent this subpoena calls for the production of sensitive
`
`materials, a Protective Order is in place and attached as Exhibit 1 to Schedule A.
`
`Pursuant to the enclosed deposition subpoena and Fed. R. Civ. P. 30(b)(6), Abnormal shall
`
`produce for deposition one or more officers, directors, managing agents, employees, or other
`
`persons who can testify on Abnormal’s behalf with respect to the topics listed in Schedule B by
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 6 of 24 PageID #:
`2481
`
`remote means on November 18, 2024, at 9:00 AM. Abnormal’s designated person(s) shall be
`
`required to testify as to each of those topics known or reasonably available to Abnormal.
`
`Dated: October 23, 2024
`
`
`
`
`
`
`
`/s/ Carder W. Brooks
`Edward R. Nelson, III
`ed@nelbum.com
`State Bar No. 00797142
`Brent N. Bumgardner
`brent@nelbum.com
`State Bar No. 00795272
`Christopher G. Granaghan
`chris@nelbum.com
`State Bar No. 24078585
`John P. Murphy
`murphy@nelbum.com
`State Bar No. 24056024
`Carder W. Brooks
`carder@nelbum.com
`State Bar No. 24105536
`NELSON BUMGARDNER CONROY PC
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`817.377.9111 (telephone)
`
`COUNSEL FOR PLAINTIFF
`R2 SOLUTIONS LLC
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing document was served via email on all
`
`counsel of record on October 23, 2024.
`
`/s/ Carder W. Brooks
`
`
`
`2
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 7 of 24 PageID #:
`2482
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`
`Civil Action No.
`
`4:23-cv-01147-ALM
`
`))))))
`
`R2 Solutions LLC,
`
`Plaintiff
`v.
`Databricks, Inc.
`
`Defendant
`
`To:
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Abnormal Security Corporation c/o Luke Gabriel Reiser
`185 Clara St., Ste 100, San Francisco, CA 94107
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`See attached Schedule A
`
`Place:
`
`SPECIAL DELIVERY SERVICE, INC.
`ATTN: Liana Solomon
`880 Mitten Road, Ste. 102
`Burlingame, CA 94010
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Date and Time:
`
`11/11/2024 9:00 am
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`10/23/2024
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Carder W. Brooks
`Attorney’s signature
`
`R2 Solutions LLC
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`(cid:38)(cid:68)(cid:85)(cid:71)(cid:72)(cid:85)(cid:3)(cid:58)(cid:17)(cid:3)(cid:37)(cid:85)(cid:82)(cid:82)(cid:78)(cid:86)(cid:15)(cid:3)(cid:49)(cid:72)(cid:79)(cid:86)(cid:82)(cid:81)(cid:3)(cid:37)(cid:88)(cid:80)(cid:74)(cid:68)(cid:85)(cid:71)(cid:81)(cid:72)(cid:85)(cid:3)(cid:38)(cid:82)(cid:81)(cid:85)(cid:82)(cid:92)(cid:3)(cid:51)(cid:17)(cid:38)(cid:17)(cid:15)(cid:3)(cid:22)(cid:20)(cid:22)(cid:20)(cid:3)(cid:58)(cid:17)(cid:3)(cid:26)(cid:87)(cid:75)(cid:3)(cid:54)(cid:87)(cid:17)(cid:15)(cid:3)(cid:54)(cid:87)(cid:72)(cid:17)(cid:3)(cid:22)(cid:19)(cid:19)(cid:15)(cid:3)(cid:41)(cid:82)(cid:85)(cid:87)(cid:3)(cid:58)(cid:82)(cid:85)(cid:87)(cid:75)(cid:15)(cid:3)(cid:55)(cid:59)(cid:3)(cid:26)(cid:25)(cid:20)(cid:19)(cid:26)(cid:15)(cid:3)
`(cid:70)(cid:68)(cid:85)(cid:71)(cid:72)(cid:85)(cid:35)(cid:81)(cid:72)(cid:79)(cid:69)(cid:88)(cid:80)(cid:17)(cid:70)(cid:82)(cid:80)(cid:15)(cid:3)(cid:27)(cid:20)(cid:26)(cid:16)(cid:27)(cid:19)(cid:25)(cid:16)(cid:22)(cid:27)(cid:20)(cid:23)
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 8 of 24 PageID #:
`2483
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`4:23-cv-01147-ALM
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`Abnormal Security Corporation
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 9 of 24 PageID #:
`2484
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 10 of 24 PageID #:
`2485
`
`SCHEDULE A
`
`Abnormal Security Corporation is required to produce and permit inspection and copying
`
`of documents and things in its possession, custody or control that relate to the following categories
`
`of requests according to the following definitions and instructions.
`
`Definitions
`
`The following definitions apply to this Notice:
`
`1.
`
`The terms “Abnormal,” “You” and/or “Your” refer to Abnormal Security Corporation, as
`well as any of its past and present affiliates, operating divisions, parent corporations,
`subsidiaries, directors, officers, agents, employees, representatives, and all predecessors in
`interest to Abnormal Security Corporation.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`
`
`The term “Databricks” refers to Databricks, Inc., including any of its past and present
`parents, predecessors, successors, subsidiaries, entities under common ownership,
`affiliates, divisions, associated organizations, joint ventures, and all present and former
`officers, directors, trustees, employees, staff members, agents, or other representatives.
`
`The term “Accused Instrumentalities” refers to the Databricks Data Intelligence Platform,
`Databricks Lakehouse Platform, and any other platforms or services provided to You by
`Databricks that utilize Apache Spark or any other similar functionality.
`
`The term “this action” refers to R2 Solutions LLC v. Databricks, Inc., 4:23-cv-01147-ALM,
`pending in the United States District Court for the Eastern District of Texas.
`
`The terms “patent-in-suit” and “the ’610 Patent” refer to U.S. Patent No. 8,190,610.
`
`“Document” and “Documents” are used herein in their broadest sense as set forth in the
`Federal Rules of Civil Procedure. These words mean and include all written, printed, typed,
`recorded, or graphic matter of every kind and description, both originals and copies, and
`all attachments and appendices, within Your possession, custody, or control.
`
`As used herein, any references to a particular entity (such as a corporation) include that
`entity and all its divisions, departments, domestic and foreign subsidiaries, branches,
`parents, affiliates, domestic and foreign subsidiaries of parents, partners, predecessors-in-
`interest, successors-in-interest, present and former officers, directors, managers,
`employees, consultants, agents, attorneys, accountants, representatives, entities acting in
`joint-venture or partnership relationship with that particular entity, and all other persons or
`entities purporting to act on behalf of or in concert with that particular entity or any of its
`divisions, departments, subsidiaries, parents, affiliates, partners, branches, predecessors-
`in-interest, successors-in-interest, present and former officers, directors, managers,
`employees, consultants, agents, attorneys, accountants, and representatives.
`
`1
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 11 of 24 PageID #:
`2486
`
`8.
`
`9.
`
`10.
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`
`
`The terms “and,” “and/or,” and “or” shall be construed to mean “and” or “or” in such a
`manner as to encompass the broadest possible scope of requested documents, things, or
`information, and not so as to permit the option of providing some requested documents,
`things, or information instead of others.
`
`The term “any” shall be construed to mean any and all requested documents, things, or
`information inclusively, and not so as to permit the option of providing some requested
`documents, things, or information instead of others.
`
`The term “relating to,” unless otherwise indicated, means including, evidencing,
`concerning, summarizing, demonstrating, constituting, relating to, reflecting, referring to,
`containing, studying, analyzing, considering, explaining, mentioning, showing, discussing,
`describing, commenting upon, resulting from, prepared for, or used in connection with.
`
`Instructions
`
`You are requested to produce all documents and things in the following categories that are
`in your possession, custody, or control, in their entirety and without redaction or
`expurgation. “Possession, custody, or control” shall be construed to the broadest extent
`provided under Federal Rules of Civil Procedure 34 and 45 and shall include, without
`limitation, those documents and things in the hands of any other person that You have the
`ability to demand or to gain access to in the ordinary course of business. Each copy,
`alteration, or other version of a document or thing is considered a separate document or
`thing, and must be produced.
`
`If any document is withheld based upon a claim of privilege or other protection, provide
`for each such document: (i) the date of the document, (ii) the names of all authors, (iii) the
`names of all recipients, (iv) the names of all cc and/or bcc recipients, (v) the type of
`document, (vi) a description of the document, (vii) an identification of the privilege or
`protection claimed, (viii) a brief explanation of the basis of your claim of privilege or other
`protection, and (ix) all other facts or information You are relying on to assert a claim of
`privilege or other protection.
`
`Plaintiff requests that all electronically stored information be produced as single-page,
`searchable .tiff images with load files that denote document breaks. To the extent that you
`are unable or unwilling to produce electronically stored information in the requested
`format, Plaintiff requests that electronically stored information be produced in its native
`format.
`
`If you know of the existence, past or present, of any document(s) described or requested
`below, but are unable to produce such document(s) because it is not presently within your
`possession, custody, or control, please identify the document(s) and the person who has
`possession of such document(s).
`
`If any document called for by the requests below has been destroyed or discarded, that
`document is to be identified by stating: (i) any addressor and addressee; (ii) any indicated
`or blind copies; (iii) the document’s date, subject matter, number of pages and attachments
`
`2
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 12 of 24 PageID #:
`2487
`
`or appendices; (iv) all persons to whom the document was distributed, shown, or explained;
`(v) the date of destruction or discard, manner of destruction or discard, and reason for
`destruction or discard; (vi) the persons who were authorized to carry out such destruction
`or discard; and (vii) whether or not any copies of the document presently exist and, if so,
`the name of the custodian for each copy.
`
`Documents to Produce
`
`1.
`
`Documents sufficient to show all payments made or costs incurred by You since
`
`April 28, 2016 associated with the licensing of, use of, subscription to, or maintenance of the
`
`Accused Instrumentalities.
`
`2.
`
`Documents sufficient to show how much You have paid Databricks on a yearly,
`
`quarterly, and monthly basis for use of the Accused Instrumentalities since April 28, 2016.
`
`3.
`
`Documents relating to any agreements between You and Databricks involving
`
`and/or relating to the Accused Instrumentalities.
`
`
`
`3
`
`

`

`Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 13 of 24 PageID #:
`2488
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 1 to Schedule A
`
`

`

`Case 4:23-cv-01147-ALM Document 18 Filed 04/09/24 Page 7 of 15 PageID #: 154Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 14 of 24 PageID #:
`
`2489
`United States District Court
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`§§
`
` CASE NO. 4:23cv1147
`§ Judge Mazzant
`§
`§
`
`PROTECTIVE ORDER
`
`R2 SOLUTIONS LLC
`
`v.
`
`DATABRICKS, INC.
`
`
`The Court, sua sponte, issues this Protective Order to facilitate document disclosure and
`
`production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless
`
`modified pursuant to the terms contained in this Order, this Order shall remain in effect through the
`
`conclusion of this litigation.
`
`In support of this order, the court finds that:
`
`1.
`
`Documents or information containing confidential proprietary and business information and/or
`
`trade secrets (“Confidential Information”) that bear significantly on the parties’ claims or
`
`defenses is likely to be disclosed or produced during the course of discovery in this litigation;
`
`2.
`
`The parties to this litigation may assert that public dissemination and disclosure of
`
`Confidential Information could severely injure or damage the party disclosing or producing the
`
`Confidential Information and could place that party at a competitive disadvantage;
`
`3.
`
`Counsel for the party or parties receiving Confidential Information are presently without
`
`sufficient information to accept the representation(s) made by the party or parties producing
`
`Confidential Information as to the confidential, proprietary, and/or trade secret nature of such
`
`Confidential Information; and
`
`4.
`
`To protect the respective interests of the parties and to facilitate the progress of disclosure and
`
`discovery in this case, the following Order should issue:
`
`Appendix A - Protective Order
`
`-7-
`
`

`

`Case 4:23-cv-01147-ALM Document 18 Filed 04/09/24 Page 8 of 15 PageID #: 155Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 15 of 24 PageID #:
`
`2490
`
`IT IS THEREFORE ORDERED THAT:
`
`(1)
`
`Documents or discovery responses containing Confidential Information disclosed or produced
`
`by any party in this litigation are referred to as “Protected Documents.” Except as otherwise
`
`indicated below, all documents or discovery responses designated by the producing party as
`
`“Confidential” and which are disclosed or produced to the attorney’s for the other parties to
`
`this litigation are Protected Documents and are entitled to confidential treatment as described
`
`below.
`
`(2)
`
`Protected Documents shall not include (a) advertising materials, (b) materials that on their face
`
`show that they have been published to the general public, or (c) documents that have submitted
`
`to any governmental entity without request for confidential treatment.
`
`(3)
`
`At any time after the delivery of Protected Documents, counsel for the party or parties
`
`receiving the Protected Documents may challenge the Confidential designation of all or any
`
`portion thereof by providing written notice thereof to counsel for the party disclosing or
`
`producing the Protected Documents. If the parties are unable to agree as to whether the
`
`confidential designation of discovery material is appropriate, the party or parties receiving the
`
`Protected Documents shall certify to the Court that the parties cannot reach an agreement as
`
`to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party
`
`or parties disclosing or producing the Protected Documents shall have ten (10) days from the
`
`date of certification to file a motion for protective order with regard to any Protected
`
`Documents in dispute. The party or parties producing the Protected Documents shall have
`
`the burden of establishing that the disputed Protected Documents are entitled to confidential
`
`treatment. If the party or parties producing the Protected Documents do not timely file a
`
`motion for protective order, then the Protected Documents in dispute shall no longer be
`
`-8-
`
`

`

`Case 4:23-cv-01147-ALM Document 18 Filed 04/09/24 Page 9 of 15 PageID #: 156Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 16 of 24 PageID #:
`
`2491
`
`subject to confidential treatment as provided in this Order. All Protected Documents are
`
`entitled to confidential treatment pursuant to the terms of this Order until and unless the
`
`parties formally agree in writing to the contrary, a party fails to timely move for a protective
`
`order, or a contrary determination is made by the Court as to whether all or a portion of a
`
`Protected Document is entitled to confidential treatment.
`
`(4)
`
`Confidential Treatment. Protected Documents and any information contained therein shall
`
`not be used or shown, disseminated, copied, or in any way communicated to anyone for any
`
`purpose whatsoever, except as provided for below.
`
`(5)
`
`Protected Documents and any information contained therein shall be disclosed only to the
`
`following persons (“Qualified Persons”):
`
`(1)
`
`(2)
`
`Outside counsel of record in this action for the party or party receiving Protected
`Documents or any information contained therein;
`
`Employees of such counsel (excluding experts and investigators) assigned to and
`necessary to assist such counsel in the preparation and trial of this action; and
`
`(3)
`
`The Court.
`
`Protected Documents and any information contained therein shall be used solely for the
`
`prosecution of this litigation.
`
`(6)
`
`Outside counsel of record for the party or parties receiving Protected Documents may create
`
`an index of the Protected Documents and furnish it to attorneys of record representing or
`
`having represented parties involved in litigation involving the claims alleged in this suit against
`
`the party or parties disclosing or producing the Protected Documents. The index may only
`
`identify the document, date, author, and general subject matter of any Protected Document,
`
`but may not reveal the substance of any such document. Counsel for the party or parties
`
`-9-
`
`

`

`Case 4:23-cv-01147-ALM Document 18 Filed 04/09/24 Page 10 of 15 PageID #: 157Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 17 of 24 PageID #:
`
`2492
`
`receiving Protected Documents shall maintain a current log of the names and addresses of
`
`persons to whom the index was furnished.
`
`(7)
`
`The term “copy” as used herein means any photographic, mechanical or computerized copy
`
`or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of
`
`such document or thing.
`
`(8)
`
`To the extent that Protected Documents or information contained therein are used in
`
`depositions, such documents or information shall remain subject to the provisions of this
`
`Order, along with the transcript pages of the deposition referring to the Protected Documents
`
`or information contained therein.
`
`(9)
`
`Any court reporter or transcriber who reports or transcribes deposition testimony in this action
`
`shall agree that all “confidential” information designated as such under this Order shall remain
`
`“confidential” and shall not be disclosed by them, except pursuant to the terms of this Order,
`
`and that any notes or transcriptions of such deposition testimony (and any accompanying
`
`exhibits) will be retained by the reporter or delivered to counsel of record.
`
`(10)
`
`Inadvertent or unintentional production of documents or information containing Confidential
`
`Information which are not designated “confidential” shall not be deemed a waiver in whole
`
`or in part of a claim for confidential treatment.
`
`(11)
`
`The party or parties receiving Protected Documents shall not under any circumstances sell,
`
`offer for sale, advertise, or publicize Protected Documents or any information contained
`
`therein.
`
`(12) After termination of this litigation, the provisions of this Order shall continue to be binding,
`
`except with respect to those documents and information that become a matter of public record.
`
`This Court retains and shall have continuing jurisdiction over the parties and recipients of the
`
`-10-
`
`

`

`Case 4:23-cv-01147-ALM Document 18 Filed 04/09/24 Page 11 of 15 PageID #: 158Case 4:23-cv-01147-ALM Document 58-1 Filed 11/08/24 Page 18 of 24 PageID #:
`
`2493
`
`Protected Documents for enforcement of the provisions of this Order following termination
`
`of this litigation.
`
`(13) Upon termination of this actio