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Issued by the
UNITED STATES DISTRICT COURT
Northern District of California Microsoft Corp., FS-ISAC, Inc. and NACHA V. John Does 1-39 et al.
11-v035(JRM 35 (SJRLM (Eastern District of New York)-
TO. Google, Inc. Service Company, 2730 Gateway Oaks Dr., Suite 100, Sacramento, CA 95833 -orporation c/c place, date, and time specified below to El YOU ARE COMMANDED to appear in the United States District court at the testify in the above case.
PLACE OF TESTIMONY COURTROOM DATE AND TIME
below to testify at the taking of adeposition 0 YOU ARE COMMANDED to appear at the place, date, and time specified in the above case.
PLACE OF DEPOSITION DATE AND TIME
of the following documents or objects at the [Er YOU ARE COMMANDED to produce and permit inspection and copying or objects): place, date, and time specified below (list documents See Exhibit A
rrick Herrngtf & Sutcilife LLP- (atn: Jacob M.Heath) 1000 Marsh Road
Menlo Park, CA 94025
3 DATE AND TIME
May 8, 2012 at 9:30 am
premises at the date and time specified below. 0l YOU ARE COMMANDED to permit inspection of the following
directors, or managing agents, or other persons who ;Rtters on which the person will testify'. Federal Rule of Civil Procedure 30(b)(6).
ISS NO OF
shall designate one or more officers, Any organization not aparty to this suit that is subpoenaed for the taking of adeposition set forth, for each person designated, the on its behalf, and may consent to testify
DATE TURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDAN~i-
Atorney for Plaintiffs Microsoft Corp., FS-ISAC anid NACHA
NAME, ADDRESS AND PHONE OFFICE CA 94025 Esq., Orrick Herrington & Sutcliffe, LILP, 1000 Marsh Road, Menlo Park, 6H M. Email: firstname.lastname@example.org 06614-7321 ') (e) o 1(1). 1d) ord! a aet 1du: 15 n r ue (Se Fedmi 11
under cat number. Ifaction is pending in district other thtan district of issuance, state district
are hereby Pursuant to Rule 45 of the Federal Rules of Civil Procedure, you following documents and requested to produce and allow inspection and copying of the in the attached subpoena, or things requested herein at the place, date and time specified with the Federal at such other place, Blte-aiid time 'asiiay be agreed to, in accordance Instructions. Rules of Civil Procedure and the following Definitions and
in this document unless a These terms shall have the following definitions as used which the term is used: contrary meaning clearly appears from the context in by Fed.R.Civ.P. "Document(s)" includes all document and things defined I. all written or graphic matter, 34 and means any writings and includes, without limitation, whether sent or received or however produced or reproduced, of any kind or description, and both sides thereof, neither, including originals, non-identical copies, and drafts, memora nda, contracts, including, without limitation: letters, correspondence, papers, studies, bills, billings, invoices, agreements, books, journals, ledgers, statements, reports, drawings, audits, worksheets, jottings, projections, notes, abstracts, advertisements, articles, newspaper or periodical charges, balance sheets, income statements, magazine checks, diagrams, blueprints, articles, annual reports, public filings, analyst reports, minutes of meetings, orders, diaries, calendars, logs, recordings, instructions, lists,
resumes, summaries, tabulations, resolutions, telegrams, wires, cables, telexes, messages, recordings, computer printouts, tallies, statistical analyses, tapes, computer tapes, tape other informal or formal writing or input/output computer systems, e-mails, and all printing, or sound is recorded or tangible things on which any handwriting, typing, or supplements to all of the reproduced, and any and all attachments, amendments person. If necessary, all documents foregoing, whether prepared by a party or another device into useable form. "Documents" must be translated through detection or decoding
can be located or includes every document known to you, every document that includes, but is not discovered by reasonably diligent efforts on your part and specifically custody, wherever such limited to, those documents in your control, possession or documents are located.
of information, "Communication(s)"-means any transmission or exchange
including but not limited to opinions, or thoughts, whether orally, in writing or otherwise, and telegraphic, facsimile, reports, mailings, conversations, meetings, letters, notes recordings, telex or computer-assisted electronic messages. association, "Person" refers to any individual, corporation, proprietorship, 3. legal entity, including joint venture, company, partnership or other business or includes, where applicable, governmental bodies and agencies. The singular of the term the plural and vice versa. and all of its or 0You "your" refers to Google, Inc. and includes any 4. successors, predecessors, present or former subsidiaries, parents, affiliates, divisions, trustees, attorneys, consultants, agents, employees, representatives, directors, officers, to act in whole or in part on behalf of and all other persons or entities acting or purporting or in the interests of Google, Inc. shall mean relating to, The terms "concern," "concerns," and "concerning" 5. to, evidencing, involving, referring to, concerning, mentioning, reflecting, pertaining responding to, supporting, describing, discussing, commenting on, embodying, as the context makes appropriate. contradicting, and/or constituting (in whole or in part), and every." "Each" and "every" as used herein shall mean "each 6. "Any" as used herein means any and all. 7. business address, "Identity" of a person means the person's name, current business and home address, any current home address, or, if unknown, the last-known messaging addresses, IP and all known phone numbers, email addresses, instant potentially identifies the person or addresses and any other information that actually or 8. 2
reflects where they reside. Instructions your 1. In responding to the following requests, furnish all documents within custody, possession, custody, or control as well as all documents within the possession,
other person or or control-of your agents, representatives, employces,.attorfley , or any of originals, identical entity acting on your behalf. These Requests call for the production different from the copies if originals are unavailable, and non-identical copies (whether the documents described originals because of notes made on such copies or otherwise) of after exercising in these Requests. If you cannot fully respond to the following requests and specify the portion due diligence to secure the documents requested thereby, so state, In the latter event, state of each request that cannot be responded to fully and completely. what efforts were made to obtain the requested documents. 2. labeled and Documents produced in response to these Requests shall be organized produced as they to correspond with the categories in these Requests or shall be
or labels or directories of are kept in the usual course of business. File folders with tabs produced intact with filed identifying documents called for by these requests must be such documents. together Any documents produced in electronic form shall be produced demanding party to locate, with any data, software or other tools necessary to permit the as readily as can the identify and read the responsive information contained therein a readily usable or responding party. Please produce any electronic documents in data and includes or retains understandable form that does not reduce search-ability of the be produced in a any inetadata associated with those documents (e.g., einails should 3. format that preserves full header information). If you withhold any responsive documents as privileged or otherwise protected from disclosure, with respect to each document, identify: 4.
all persons making or receiving the privileged or protected communication; the steps taken to ensure the confidentiality of the communication, including affirmation that no unauthorized persons have received the
the date of the communication; and a description of the document or thing sufficient to identify the basis of the claim privilege or protection claimed. To the extent permitted and authorized by law, these Requests shall be
deemed continuing so as to require further and supplemental production if you receive, discover, become aware of, or create additional responsive documents between the time of initial production and the time of trial. 6. You must preserve any Documents responsive to these Requests, and these Requests serve to put you on notice of your obligation to do so. Documents and linsuection Requested to be Produced All Documents, records or other information concerning the Identity of all
Persons using or assigned by You the email addresses set forth in Appendix 1, including but not limited to documents, records or other information identifying the user agent information (e.g., the full name, physical address, phone number, and/or alternate email address(es)) provided by all Persons using or assigned the foregoing email addresses; account information (e.g., communication records, account sign-up records, account activity, contact information, history of contact information); payment information; and any other information actively or passively collected by You about that Person or Persons (e.g., IP addresses, browser and MAC information). All Documents, records or other information concerning the email accounts set forth in Appendix 1, including but not limited to any documents, records or 2.
other information concerning any email messages (active or archived) sent or received by the foregoing email accounts; the SMTP logs (present and historical) associated with the foregoing email accounts; IP connection logs (present and historical) associated with the foregoing email accounts; any and all documents and/or records identifying the IP -addresses-logging-in-to the-foregoing email accounts; and anyother information actively or passively collectively by you about the foregoing email account (e.g. IP addresses, browser and MAC information). 3. All Documents, records or other information sufficient to show any and all
SMTP logs associated with the email to or from the email addresses set forth in Appendix I. 4. All Documents, records or other information sufficient to show IP
connection logs (present and historical) associated with the email addresses set forth in Appendix 1. 5. All Documents, records or other information sufficient to show any other information actively or passively collected by you, including but not limited to IP addresses, browser and MAC information, associated with the email addresses set forth in Appendix 1. 6. Any and all communications between You and any and all Persons
utilizing the email accounts set forth in Appendix 1or services associated with those email accounts. 7. Preserve all Documents responsive to the foregoing requests.
Appendix email@example.com firstname.lastname@example.org email@example.com theklutch( gmftilxom j.sanchczOOOOO@gmail.com firstname.lastname@example.org stboiffiiggmal com email@example.com firstname.lastname@example.org email@example.com the.ma[Nvare. firstname.lastname@example.org bendei)email@example.com firstname.lastname@example.org Off3nsiv3sh3ll@gmaii.com 20]email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com forspyeye@'gmail.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com ippetrik] firstname.lastname@example.org email@example.com firstname.lastname@example.org latertran§@gmail.com email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org petr4938@googlemaii-com email@example.com firstname.lastname@example.org saNvyer.email@example.com firstname.lastname@example.org soldicr09@gmail-com email@example.com firstname.lastname@example.org susanneon@googlemaii-com email@example.com 6 firstname.lastname@example.org universalOO5@gmaii.com variner]email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org afsmedcfii@jtfiMl.'cdffi email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org dOgOrOn@gmail.com email@example.com firstname.lastname@example.org email@example.com high firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org r email@example.com nat:firstname.lastname@example.org email@example.com revs(abl77@gmail;com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com %firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com swpower@gnWI.cor firstname.lastname@example.org fa(email@example.com bormorieT@gmaii.com raykelly I7@gmail.com