`Case 1:19-cv-11586—FDS Document 151-3 Filed 02/17/21 Page 1 of 6
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`EXHIBIT C
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`EXHIBIT C
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`Case 1:19-cv-11586-FDS Document 151-3 Filed 02/17/21 Page 2 of 6
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`Custer, John W.
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Custer, John W.
`Thursday, February 11, 2021 6:32 PM
`Beckwith, David
`Trevino, C. Daniel; BOST - F - Philips - Fitbit
`RE: Source Code Review
`
`Thanks David. This appears to be working. However, Dr. Buy says the source code has not been placed in the file
`directories in that computer yet. He will try again tomorrow morning as previously scheduled at 9:00 CDT. Can you
`ensure that the code will be there at that point in time?
`Best,
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199‐4001
`P 617.226.3148
`
`
`
`
`‐‐‐‐‐Original Message‐‐‐‐‐
`From: Beckwith, David <davidbeckwith@paulhastings.com>
`Sent: Thursday, February 11, 2021 6:23 PM
`To: Custer, John W. <jcuster@foley.com>
`Cc: Trevino, C. Daniel <cdanieltrevino@paulhastings.com>; BOST ‐ F ‐ Philips ‐ Fitbit <BOSTFPhilipsFitbit@foley.com>
`Subject: Re: Source Code Review
`
`** EXTERNAL EMAIL MESSAGE **
`
`We believe Dr Buy is logged in to the wrong computer.
`Dr. Buy needs to login to
`using the credentials
`
`User ID:
`Password:
`
`David Beckwith
`Of Counsel
`Paul Hastings LLP
`650‐320‐1896
`
`On Feb 11, 2021, at 3:20 PM, jcuster@foley.com wrote:
`
`
`Hey David,
`I provided those credentials to Dr. Buy, but he says they are not enough. He provided the following explanation below:
`
` (aka the standalone computer), (2) credentials for
`There are 3 sets of credentials: (1) credentials to log on
` and (3) credentials for logging on a remote access computer.
`connecting
`
`
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`1
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`Case 1:19-cv-11586-FDS Document 151-3 Filed 02/17/21 Page 3 of 6
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`The credentials that you have given me are useful for (1) above. That works for me already. It is steps (2) and (3) that
`fail. For step 2 I have a good ID and password, but someone else does too. So,
`
`
`
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`
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`
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`Dr. Buy is currently on the computer and is able to review the source code, but he believes that he will be kicked off
` At one point when attempting to log in, he was presented with the screen
`again if
`of another reviewer. Obviously there are Protective Order issues if other reviewers are able to log on, force Dr. Buy off
`and are presented with the screen he was currently viewing. Can you please confirm that no other reviewers
`
`
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`
`
`
`Best,
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199‐4001
`P 617.226.3148
`
`<image001.jpg>
`
`From: Beckwith, David <davidbeckwith@paulhastings.com>
`Sent: Thursday, February 11, 2021 5:19 PM
`To: Custer, John W. <jcuster@foley.com>
`Cc: Trevino, C. Daniel <cdanieltrevino@paulhastings.com>
`Subject: RE: Source Code Review
`
`** EXTERNAL EMAIL MESSAGE **
`These should be the only credentials he needs to access
`User ID:
`
`Password:
`
`
`From: jcuster@foley.com<mailto:jcuster@foley.com> <jcuster@foley.com<mailto:jcuster@foley.com>>
`Sent: Thursday, February 11, 2021 1:28 PM
`To: Beckwith, David <davidbeckwith@paulhastings.com<mailto:davidbeckwith@paulhastings.com>>; Farrell, William
`<williamfarrell@paulhastings.com<mailto:williamfarrell@paulhastings.com>>
`Cc: BOSTFPhilipsFitbit@foley.com<mailto:BOSTFPhilipsFitbit@foley.com>; Philips ‐ Fitbit <Philips‐
`Fitbit@paulhastings.com<mailto:Philips‐Fitbit@paulhastings.com>>
`Subject: [EXT] RE: Source Code Review
`
`Hey David. Dr. Buy says he is still unable to access the source code. He said all the accounts are password protected. Is
`there a login you can provide him with?
`
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199‐4001
`
`
`
`
`
`2
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`Case 1:19-cv-11586-FDS Document 151-3 Filed 02/17/21 Page 4 of 6
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`P 617.226.3148
`
`<image001.jpg>
`
`From: Beckwith, David <davidbeckwith@paulhastings.com<mailto:davidbeckwith@paulhastings.com>>
`Sent: Thursday, February 11, 2021 4:13 PM
`To: Custer, John W. <jcuster@foley.com<mailto:jcuster@foley.com>>; Farrell, William
`<williamfarrell@paulhastings.com<mailto:williamfarrell@paulhastings.com>>
`Cc: BOST ‐ F ‐ Philips ‐ Fitbit <BOSTFPhilipsFitbit@foley.com<mailto:BOSTFPhilipsFitbit@foley.com>>; Philips ‐ Fitbit
`<Philips‐Fitbit@paulhastings.com<mailto:Philips‐Fitbit@paulhastings.com>>
`Subject: RE: Source Code Review
`
`** EXTERNAL EMAIL MESSAGE **
`Please have Dr. Buy try now.
`
`From: jcuster@foley.com<mailto:jcuster@foley.com> <jcuster@foley.com<mailto:jcuster@foley.com>>
`Sent: Thursday, February 11, 2021 1:00 PM
`To: Beckwith, David <davidbeckwith@paulhastings.com<mailto:davidbeckwith@paulhastings.com>>; Farrell, William
`<williamfarrell@paulhastings.com<mailto:williamfarrell@paulhastings.com>>
`Cc: BOSTFPhilipsFitbit@foley.com<mailto:BOSTFPhilipsFitbit@foley.com>; Philips ‐ Fitbit <Philips‐
`Fitbit@paulhastings.com<mailto:Philips‐Fitbit@paulhastings.com>>
`Subject: [EXT] RE: Source Code Review
`
`Any update on this David? Will Dr. Buy be able to continue his review today?
`
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199‐4001
`P 617.226.3148
`
`<image001.jpg>
`
`From: Custer, John W.
`Sent: Thursday, February 11, 2021 3:01 PM
`To: Beckwith, David <davidbeckwith@paulhastings.com<mailto:davidbeckwith@paulhastings.com>>; Farrell, William
`<williamfarrell@paulhastings.com<mailto:williamfarrell@paulhastings.com>>
`Cc: BOST ‐ F ‐ Philips ‐ Fitbit <BOSTFPhilipsFitbit@foley.com<mailto:BOSTFPhilipsFitbit@foley.com>>; Philips ‐ Fitbit
`<Philips‐Fitbit@paulhastings.com<mailto:Philips‐Fitbit@paulhastings.com>>
`Subject: RE: Source Code Review
`
`Thank you David,
`I will note that Dr. Buy has informed us that he now cannot log in at all. I presume this is because of people on your end
`looking into the problem. Please let me know when Dr. Buy should try to log in again to resume his review. In the
`meantime, Dr. Buy will keep the Zoom session with Mr. Farrell running, but will be off camera doing university work in
`another room.
`Best,
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199‐4001
`P 617.226.3148
`
`3
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`Case 1:19-cv-11586-FDS Document 151-3 Filed 02/17/21 Page 5 of 6
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`<image001.jpg>
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`From: Beckwith, David <davidbeckwith@paulhastings.com<mailto:davidbeckwith@paulhastings.com>>
`Sent: Thursday, February 11, 2021 2:41 PM
`To: Custer, John W. <jcuster@foley.com<mailto:jcuster@foley.com>>; Farrell, William
`<williamfarrell@paulhastings.com<mailto:williamfarrell@paulhastings.com>>
`Cc: BOST ‐ F ‐ Philips ‐ Fitbit <BOSTFPhilipsFitbit@foley.com<mailto:BOSTFPhilipsFitbit@foley.com>>; Philips ‐ Fitbit
`<Philips‐Fitbit@paulhastings.com<mailto:Philips‐Fitbit@paulhastings.com>>
`Subject: RE: Source Code Review
`
`** EXTERNAL EMAIL MESSAGE **
`We are looking in to this.
`
`From: jcuster@foley.com<mailto:jcuster@foley.com> <jcuster@foley.com<mailto:jcuster@foley.com>>
`Sent: Thursday, February 11, 2021 11:33 AM
`To: Farrell, William <williamfarrell@paulhastings.com<mailto:williamfarrell@paulhastings.com>>; Beckwith, David
`<davidbeckwith@paulhastings.com<mailto:davidbeckwith@paulhastings.com>>
`Cc: BOSTFPhilipsFitbit@foley.com<mailto:BOSTFPhilipsFitbit@foley.com>; Philips ‐ Fitbit <Philips‐
`Fitbit@paulhastings.com<mailto:Philips‐Fitbit@paulhastings.com>>
`Subject: [EXT] Source Code Review
`
`Counsel,
`
`Dr. Buy has informed us that he has been involuntarily logged off of the remote access computer multiple times during
`his review today. He has been getting a message that someone else is using his account. Please confirm that you will
`rectify this situation immediately so that Dr. Buy is able to continue his review uninterrupted.
`
`Additionally, Dr. Buy has informed us that his session on SlickEdit has been deleted from his previous review session and
`that the command prompts he set up during that session have been removed from the task bar of the account. Please
`confirm that in the future, Dr. Buy’s SlickEdit sessions as well as his command prompts will not be removed in between
`review sessions. I remind you that section 12(C)(iii) of the Protective Order prohibits the supplier from reviewing,
`altering, or deleting any local working files on the stand‐alone computer created by the Reviewer.
`
`Best,
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199‐4001
`P 617.226.3148
`
`<image001.jpg>
`
`
`
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`Case 1:19-cv-11586-FDS Document 151-3 Filed 02/17/21 Page 6 of 6
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