Free Declaration in Support - District Court of California - California

Case 3:08-mc-80129-SI

Document 24

Filed 07/21/2008

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DAVID H. KRAMER, State Bar No. 168452, [email protected] MICHAEL H. RUBIN, State Bar No. 214636, [email protected] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Non-Party Respondents Artis Capital Management, L.P., Sequoia Capital Operations LLC and TriplePoint Capital LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VIACOM INTERNATIONAL INC., ET AL. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 3:08-MC-80129-SI [Case No. 07-cv-02103 (LLS) in the U.S. D.C., S.D.N.Y] DECLARATION OF ROBERT RIEMER IN SUPPORT OF RESPONDENTS' OPPOSITION TO PLAINTIFFS' JOINT MOTION TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT TO SUBPOENAS TO ARTIS CAPITAL MANAGEMENT L.P., SEQUOIA CAPITAL OPERATIONS LLC, AND TRIPLEPOINT CAPITAL LLC [Case No. 07-cv-03532 (LLS) in the U.S. D.C., S.D.N.Y] Date: Time: Courtroom: Judge: August 15, 2008 9:00 a.m. 10 Honorable Susan Illston

12 Plaintiffs, 13 v. 14 YOUTUBE, INC., ET AL. 15 Defendants. 16 17 18 19 20 21 22 Plaintiffs, 23 v. 24 YOUTUBE, INC., ET AL. 25 Defendants. 26 27 28
RIEMER DECLARATION ISO OPPOSITION TO MOTION TO COMPEL CASE NO. 08-MC-80129 (SI)

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, ET AL.

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I, Robert Riemer, hereby declare that: 1. I am the Chief Financial Officer for non-party Artis Capital Management, L.P.

("Artis"). I became employed with Artis on April 15, 2008. I submit this declaration in support of Respondents' Opposition to Plaintiffs' Joint Motion to Compel Production of Documents Pursuant to Subpoenas to Artis Capital Management L.P., Sequoia Capital Operations LLC, and TriplePoint Capital LLC. I have personal knowledge about the facts described below and if called upon to testify, could competently testify to them. 2. Prior to my employment with Artis, Viacom International, Inc. et al. and The

Football Association Premier League, et al. served two identical non-party subpoenas on Artis in connection with two cases they filed against YouTube in the United States District Court for the Southern District of New York ("Subpoenas"). 3. I was not personally involved in the initial search for and collection of documents

responsive to the Subpoenas. However, I have personally spoken with my predecessor, who was involved, and have reviewed and acquainted myself with our files regarding this matter. 4. In connection with its collection of materials in response to the Subpoenas, I

understand that Artis searched through its physical files to locate responsive documents, a process which took approximately one business day. 5. With regard to email, Artis' email archive falls into two different categories. The

first category consists of emails dated before June 21, 2006. Any such emails would reside on backup tapes. The data retained on these tapes is maintained for the purposes of data recovery and were not necessarily retained in a fashion that would allow for streamlined keyword searches. Thus, performing a search of these emails would be both expensive and disruptive. 6. Recreating emails on backup tapes would first entail locating and creating an

inventory of our old tapes. I have been advised by our IT consultants that we would then be required to build a standalone server for the purpose of rebuilding any email history available on the tapes that are located. There can be no assurance that this effort would result in locating the entire universe of emails to be searched. Our IT consultants have estimated that the process up to this point would take eight to ten full person-days, working ten hour days. Based on our
RIEMER DECLARATION ISO OPPOSITION TO MOTION TO COMPEL CASE NO. 08-MC-80129 (SI) -1-

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