Case 6:21-cv-00569-ADA Document 185-14 Filed 01/19/23 Page 1 of 4
`Case (AlEtYGRBERSEAISORSEANPO!PROTECHMEORDER 1 Of 4
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`EXHIBIT 16
`EXHIBIT 16
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`FILED UNDER SEAL
`FILED UNDER SEAL
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`FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
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`Case 6:21-cv-00569-ADA Document 185-14 Filed 01/19/23 Page 2 of 4
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`Gray, Michael W. (SHB)
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`From:
`Sent:
`To:
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`Cc:
`Subject:
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`EXTERNAL
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`Garcia, Edwin O. <edwingarcia@jonesday.com>
`Tuesday, November 22, 2022 11:43 AM
`Gray, Michael W. (SHB); Dykal, Ryan (SHB); LaRoque, Sam (SHB); Bergsten, Jordan (SHB);
`Bell, Fiona (SHB); Carlyle, Patrisha L. (SHB); Long, Andrew M. (SHB); Bernstein, Sam (SHB);
`Donoho, Justin R. (SHB); Miller, Gary M. (SHB)
`Google Touchstream JD; Michael E. Jones; Shaun Hassett
`RE: Touchstream v. Google | Case No. 6:21-CV-569 | Levai Deposition
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`Michael:
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`Google plans to take the deposition of Mr. Levai pursuant to the Court’s Order (Dkt. 102) and FRCP 30. Touchstream will
`have the opportunity to examine Mr. Levai, including with respect to the topics of Touchstream’s 30b6 notice. It is
`Touchstream’s prerogative to question Mr. Levai or not, but Touchstream’s refusal to participate, should that be its
`choice, has no bearing on Google’s ability to proceed with the Court-ordered deposition. Mr. Levai’s deposition will
`proceed remotely on November 30 at 2:00 PM (CET) and we will provide you with login details should you wish to
`proceed with questioning or attend. As to your note regarding the machine translated document, we have provided the
`original copy in German and the machine translated one as a courtesy. To the extent you contend we are required to
`provide you with a certified translation of that document, please provide any authority in support.
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`Regards,
`Edwin
`
`Edwin O. Garcia
`Associate
`JONES DAY® - One Firm Worldwide®
`51 Louisiana Avenue, N.W.
`Washington, D.C. 20001
`Office +1.202.879.3695
`(Admitted in Texas; not admitted in District of Columbia; practice limited to cases in federal court and agencies)
`
`From: Gray, Michael W. (SHB) <MGRAY@shb.com>
`Sent: Wednesday, November 16, 2022 5:07 PM
`To: Garcia, Edwin O. <edwingarcia@jonesday.com>; Dykal, Ryan (SHB) <RDYKAL@shb.com>; LaRoque, Sam (SHB)
`<slaroque@shb.com>; Bergsten, Jordan (SHB) <JBERGSTEN@shb.com>; Bell, Fiona (SHB) <FBELL@shb.com>; Carlyle,
`Patrisha L. (SHB) <pcarlyle@shb.com>; Long, Andrew M. (SHB) <AMLONG@shb.com>; Bernstein, Sam (SHB)
`<sbernstein@shb.com>; Donoho, Justin R. (SHB) <jdonoho@shb.com>; Miller, Gary M. (SHB) <GMILLER@shb.com>
`Cc: Google Touchstream JD <Google-Touchstream-JD@jonesday.com>; Michael E. Jones
`<mikejones@potterminton.com>; Shaun Hassett <shaunhassett@potterminton.com>
`Subject: RE: Touchstream v. Google | Case No. 6:21-CV-569 | Levai Deposition
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`** External mail **
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`Edwin,
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`This deposition is not proceeding under Touchstream’s 30(b)(6) notice. We repeat our requests made October 28, 2022,
`which you ignored. Who is planning to take this deposition? If Google plans to take this deposition of its own employee,
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`Case 6:21-cv-00569-ADA Document 185-14 Filed 01/19/23 Page 3 of 4
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`please immediately identify the authority under which Google plans to take this deposition so that Touchstream can
`prepare an appropriate response, motion, or preparation.
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`We also do not agree that a mechanical translation of a foreign language document is appropriate for use in a federal
`court proceeding. If Google intends to rely on the Swiss document for any purpose, which appears to be written in
`German, please immediately provide a properly authenticated and certified translation.
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`Touchstream reserves all rights, including but not limited to exclusion of any improper evidence. Please provide the
`information requested herein no later than 5 pm Central tomorrow, November 17.
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`Regards,
`Michael
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`Michael W. Gray
`Senior Counsel
`Shook, Hardy & Bacon L.L.P.
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`713-546-5669 | mgray@shb.com
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`From: Garcia, Edwin O. <edwingarcia@jonesday.com>
`Sent: Wednesday, November 16, 2022 2:06 PM
`To: Dykal, Ryan (SHB) <RDYKAL@shb.com>; LaRoque, Sam (SHB) <slaroque@shb.com>; Bergsten, Jordan (SHB)
`<JBERGSTEN@shb.com>; Bell, Fiona (SHB) <FBELL@shb.com>; Carlyle, Patrisha L. (SHB) <pcarlyle@shb.com>; Long,
`Andrew M. (SHB) <AMLONG@shb.com>; Gray, Michael W. (SHB) <MGRAY@shb.com>; Bernstein, Sam (SHB)
`<sbernstein@shb.com>; Donoho, Justin R. (SHB) <jdonoho@shb.com>
`Cc: Google Touchstream JD <Google-Touchstream-JD@jonesday.com>; Michael E. Jones
`<mikejones@potterminton.com>; Shaun Hassett <shaunhassett@potterminton.com>
`Subject: Touchstream v. Google | Case No. 6:21-CV-569 | Levai Deposition
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`EXTERNAL
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`Counsel:
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`We have received confirmation from the Swiss authorities that we now have authority for a remote deposition of Mr.
`Levai in Switzerland. Please see attached the original approval in German, and a mechanical English translation thereof
`for convenience. Mr. Levai is available for his remote deposition on November 30 (CET). We will follow up with log-in
`details.
`
`Regards,
`Edwin
`
`Edwin O. Garcia
`Associate
`JONES DAY® - One Firm Worldwide®
`51 Louisiana Avenue, N.W.
`Washington, D.C. 20001
`Office +1.202.879.3695
`(Admitted in Texas; not admitted in District of Columbia; practice limited to cases in federal court and agencies)
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`Case 6:21-cv-00569-ADA Document 185-14 Filed 01/19/23 Page 4 of 4
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`FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
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