Case 1:23-cv-00758-JLH-SRF Document 168-3 Filed 10/10/24 Page 1 of 4 PageID #: 4338
`Case 1:23-cv-00758-JLH-SRF Document 168-3 Filed 10/10/24 Page 1 of 4 PagelD #: 4338
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`EXHIBIT 2
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` EXHIBIT 2
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`

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`Case 1:23-cv-00758-JLH-SRF Document 168-3 Filed 10/10/24 Page 2 of 4 PageID #: 4339
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`Prasad, Praatika
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`EXT - blake.davis@lw.com
`
`
`Blake.Davis@lw.com
`Tuesday, September 3, 2024 1:44 PM
`Jaffe, Jordan; rhoy@morrisnichols.com; Miller, Alex; JBlumenfeld@morrisnichols.com;
`Davidson, Callie; Lacey, Catherine; haynes@rlf.com; cclark@morrisnichols.com;
`cottrell@rlf.com; farnan@rlf.com; Zang, Lisa; 61080-0001.wilm@wcs.mnat.com; Prasad,
`Praatika; RSmith@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`WSGR - Orca Wiz
`RE: Orca Security / Wiz 23-758 -- SEALED Letter to Judge Fallon re Discovery Disputes --
`D.I. 133
`
`Jordan,
`
`The dispute regarding the ESI term was not inadvertently included, and Orca does not intend to withdraw it. Orca raised
`the cloud native search term issue in the July 19 teleconference motion (D.I. 108), and the Court ordered that issue be
`addressed at the September 11 Conference (D.I. 109). Your suggestion of Orca “dropping” that dispute mischaracterizes
`the parties’ correspondence. Orca proposed deferring the dispute regarding Orca’s ESI search term after the September
`11 conference to reduce the total number of issues before the Court when considering all three teleconference letters,
`as the Court instructed, not because the cloud native term issue was moot or resolved. Wiz’s feigned “surprise” based
`on the fact that the cloud native issue was not listed in D.I. 129 is not well taken. Wiz expressly confirmed in its added
`footnote in D.I. 129 that it understood Orca’s previously raised, but not listed, issues including the cloud native search
`term were not “resolved.” D.I. 129 n. 2 (Wiz’s footnote stating “Plaintiff does not consider any of the issues it
`raised previously to be ‘resolved’; instead, it ‘prioritized’ disputes it wants the Court to hear on September
`11.”). Furthermore, when the parties discussed this term at the court ordered meet and confer, Wiz stated it
`would not withdraw its objections to the cloud native search term, and thus the issue still needs to be addressed.
`Because the Court ordered that new issues raised in D.I. 129 will be addressed at the October 9 conference
`(D.I. 130), we understand the Court expects to address the cloud native ESI term dispute at the September 11
`conference. To the extent Wiz has a proposal for resolving that issue without Court intervention by producing
`responsive documents hitting on the cloud native search term, please let us know.
`
`Best,
`Blake
`
`
`Blake R. Davis
`
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`
`From: Jaffe, Jordan <jjaffe@wsgr.com>
`Sent: Tuesday, September 3, 2024 8:24 AM
`To: Hoy, Rebecca <rhoy@morrisnichols.com>; Miller, Alex <alex.miller@wsgr.com>; Blumenfeld, Jack
`1
`
`

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`Case 1:23-cv-00758-JLH-SRF Document 168-3 Filed 10/10/24 Page 3 of 4 PageID #: 4340
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`<JBlumenfeld@morrisnichols.com>; Davidson, Callie <cdavidson@wsgr.com>; Lacey, Catherine <clacey@wsgr.com>;
`Christine Haynes <haynes@rlf.com>; Clark, Cameron <cclark@morrisnichols.com>; Fred Cottrell <cottrell@rlf.com>;
`Kelly Farnan <farnan@rlf.com>; Zang, Lisa <lzang@wsgr.com>; MNAT Internal <61080-0001.wilm@wcs.mnat.com>;
`Prasad, Praatika <pprasad@wsgr.com>; Smith, Rodger <RSmith@morrisnichols.com>; #C-M ORCA SECURITY - WIZ - LW
`TEAM <orcasecuritywiz.lwteam@lw.com>
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Orca Security / Wiz 23-758 -- SEALED Letter to Judge Fallon re Discovery Disputes -- D.I. 133
`
`Counsel,
`
`
`We’re surprised to see that Orca included in this brief the dispute regarding the ESI term. At our court-ordered meet
`and confer, Orca indicated that it would be dropping that dispute from the 9/11 teleconference. Our revised joint
`motion omitted it as a dispute for the upcoming conference, confirming this. D.I. 129.
`
`
`We trust its inclusion in this brief was an inadvertent error and that Orca will be filing an amended brief in conformance
`with Orca’s statements shortly.
`
`Best regards,
`
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`
`From: Hoy, Rebecca <rhoy@morrisnichols.com>
`Sent: Tuesday, September 3, 2024 8:09 AM
`To: Miller, Alex <alex.miller@wsgr.com>; Blumenfeld, Jack <JBlumenfeld@morrisnichols.com>; Davidson, Callie
`<cdavidson@wsgr.com>; Lacey, Catherine <clacey@wsgr.com>; Christine Haynes <haynes@rlf.com>; Clark, Cameron
`<cclark@morrisnichols.com>; Fred Cottrell <cottrell@rlf.com>; Jaffe, Jordan <jjaffe@wsgr.com>; Kelly Farnan
`<farnan@rlf.com>; Zang, Lisa <lzang@wsgr.com>; MNAT Internal <61080-0001.wilm@wcs.mnat.com>; Prasad, Praatika
`<pprasad@wsgr.com>; Smith, Rodger <RSmith@morrisnichols.com>
`Subject: Orca Security / Wiz 23-758 -- SEALED Letter to Judge Fallon re Discovery Disputes -- D.I. 133
`
`
`EXT - rhoy@morrisnichols.com
`
`
`
`On behalf of Rodger D. Smith II, I forward the following:
`
`
`Document Number: 133
`Docket Text:
`[SEALED] Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding
`Discovery Disputes. (Attachments: # (1) Ex. A, # (2) Ex. B, # (3) Ex. C, # (4) Ex. D, # (5) Ex. E, #
`(6) Ex. F, # (7) Ex. G, # (8) Ex. H, # (9) Ex. I, # (10) Ex. J, # (11) Ex. K, # (12) Proposed
`Order)(Smith, Rodger)
`
`
`
`REBECCA A. HOY
`Administrative Assistant
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`
`2
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`Case 1:23-cv-00758-JLH-SRF Document 168-3 Filed 10/10/24 Page 4 of 4 PageID #: 4341
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`(302) 351-9154
`rhoy@morrisnichols.com
`www.morrisnichols.com
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