`Case 1:23-cv-00758-JLH-SRF Document172-4 Filed 10/10/24 Page 1 of 3 PagelD #: 4487
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`EXHIBIT D
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` EXHIBIT D
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`Case 1:23-cv-00758-JLH-SRF Document 172-4 Filed 10/10/24 Page 2 of 3 PageID #: 4488
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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`ORCA SECURITY LTD.,
`Plaintiff,
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`v.
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`WIZ, INC.
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`Defendants.
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`C.A. No. 23-cv-00758-JLH
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`DECLARATION OF CATHERINE LACEY IN SUPPORT OF DEFENDANT WIZ,
`INC.’S RESPONSIVE LETTER BRIEF
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`I, Catherine Lacey, declare as follows:
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`1.
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`I am Of Counsel at the law firm Wilson Sonsini Goodrich & Rosati, P.C., attorneys of
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`record for Defendant and Counter-Plaintiff Wiz. Inc. (“Wiz”). I submit this Declaration
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`in support of Wiz’s Responsive Letter Brief. The following facts are true of my own
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`knowledge and if called and sworn as witness, I could and would testify competently to
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`them.
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`2. The parties conducted numerous meet and confers regarding the parties’ Priority Requests
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`for custodial ESI in the month of July 2024, including meet and confers on Friday, July 12,
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`2024 and Monday July 15, 2024.
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`3. During the verbal meet and confer process in or around July 12, 2024, counsel for Orca
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`referred to reviewing documents that hit on search terms for relevance in the context of a
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`debate over whether the appropriate hits counts to compare for emails were documents that
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`hit on search terms alone or the count of documents that hit on search terms plus their
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`families. Specifically, Orca contended only the document that hit on a search term would
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`1
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`Case 1:23-cv-00758-JLH-SRF Document 172-4 Filed 10/10/24 Page 3 of 3 PageID #: 4489
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`need to be reviewed for relevance in determining whether to produce the entire family, but
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`Wiz contended that both the search hits and their families would need to be reviewed for
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`privilege issues, and therefore the latter number was more appropriate.
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`4. The dispute over what hit counts to compare is reflected in the parties’ correspondence.
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`See D.I. 155-4 at 15 (complaining that Wiz did not provide “total hit count excluding
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`family”); id. at 9 (noting “as discussed on the previous meet and confer, we think this
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`number is most representative for email given how email families are treated under the ESI
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`Order”).
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`5. There was no dispute in the meet and confers I attended over the Priority Requests as to
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`whether or not the parties would review search hits (and families) for relevance and
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`privilege issues.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
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`Executed on October 3, 2024, in San Francisco, California.
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`/s/ Catherine Lacey
`Catherine Lacey
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`2
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