Case 1:23-cv-00758-JLH-SRF Document 230-6 Filed 01/13/25 Page 1 of 3 PageID
`#: 6087
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`EXHIBIT F
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`Case 1:23-cv-00758-JLH-SRF Document 230-6 Filed 01/13/25 Page 2 of 3 PageID
`#: 6088
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`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Jake.Vannette@lw.com
`Thursday, January 9, 2025 10:22 PM
`Zang, Lisa; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com
`WSGR - Orca Wiz; cottrell@rlf.com; haynes@rlf.com; farnan@rlf.com
`RE: Orca v. Wiz: Orca's Discovery Obligations
`
`EXT - jake.vannette@lw.com
`
`Hi Lisa,
`
`Orca has not waived any objections or violated any discovery deadlines, all of which were tolled by agreement. Both
`parties’ proposed form of the stay, filed with the Court on January 6, provides that “the parties have agreed to toll
`discovery obligations, which does not impact this Court’s current Rule 16 Order, pending a ruling on this Stipulation and
`[Proposed] Order.” D.I. 228-3 at 2. The Court has not ruled on the stipulation and proposed order, and therefore
`discovery obligations continue to be tolled. This includes, for example, Orca’s responses and objections to Wiz’s non-
`priority email requests that were not due until after Wiz filed the stipulation and proposed order. Orca fulfilled all of its
`discovery obligations before Wiz’s filing. In contrast, it appears that Wiz is still improperly withholding the non-priority
`ESI that it agreed to produce on December 10, 2024, before Wiz filed the proposed stipulation and order. Please confirm
`Wiz will immediately produce those unobjected-to documents as agreed.
`
`Thank you,
`
`Jake Vannette
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW | Suite 1000 | Washington, D.C. 20004-1304
`D: +1.202.350.5187
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Thursday, January 9, 2025 9:03 PM
`To: #C-M ORCA SECURITY - WIZ - LW TEAM <orcasecuritywiz.lwteam@lw.com>; 'Blumenfeld, Jack'
`<JBlumenfeld@morrisnichols.com>; 'Smith, Rodger' <RSmith@morrisnichols.com>
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Frederick Cottrell (cottrell@rlf.com) <cottrell@rlf.com>; Christine
`Haynes (haynes@rlf.com) <haynes@rlf.com>; Kelly Farnan (farnan@rlf.com) <farnan@rlf.com>
`Subject: Orca v. Wiz: Orca's Discovery Obligations
`
`Counsel,
`
`Orca appears to be proceeding as if a stay is already in place. Most recently, Orca failed to serve its responses and
`objections to Wiz’s non-priority ESI requests by the extended deadline of January 7, 2025; and has not produced
`documents since early December, despite yesterday’s (January 8, 2025) deadline to substantially complete its document
`production.
`
`There is currently no stay in place in this litigation. If Orca wanted an immediate stay, it should have agreed to a stay
`rather than force the parties to brief two disputes over its form. Orca cannot unilaterally grant itself a stay of this
`case. Until and unless the court orders a stay, Orca’s discovery and other obligations in this case are continuing.
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`1
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`Case 1:23-cv-00758-JLH-SRF Document 230-6 Filed 01/13/25 Page 3 of 3 PageID
`#: 6089
`In terms of the discovery issues noted above: Orca has now waived any and all objections it could have raised to Wiz’s
`non-priority ESI requests. Please provide hit counts for those requests by no later than January 17, 2025. Please also
`confirm that Orca has substantially completed its production of all responsive and non-privileged documents in this
`matter.
`
`Thanks,
`Lisa
`
`Lisa D. Zang | Partner | Wilson Sonsini Goodrich & Rosati
`1900 Avenue of the Stars, 28th Floor| Los Angeles, CA 90067 | direct: 424.446.6927 | lzang@wsgr.com
`
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