Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 1 of 8 PageID #: 1495
`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 1 of 8 PagelD #: 1495
`
`EXHIBIT 1
`
` EXHIBIT 1
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 2 of 8 PageID #: 1496
`
`Prasad, Praatika
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`EXT - blake.davis@lw.com
`
`
`Blake.Davis@lw.com
`Tuesday, April 30, 2024 8:41 PM
`Krissy.McKenna@lw.com; Prasad, Praatika; orcasecuritywiz.lwteam@lw.com;
`JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com
`WSGR - Orca Wiz; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`RE: Orca v. Wiz - Teleconference with Judge
`
`Counsel—correcting a typo. Please let us know your availability next week on May 8 or 9 to meet and confer.
`
`Thanks,
`Blake
`
`
`From: Davis, Blake (Bay Area) <Blake.Davis@lw.com>
`Date: Tuesday, Apr 30, 2024 at 5:28 PM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>, Prasad, Praatika <pprasad@wsgr.com>, #C-M ORCA SECURITY - WIZ -
`LW TEAM <orcasecuritywiz.lwteam@lw.com>, JBlumenfeld@morrisnichols.com <JBlumenfeld@morrisnichols.com>,
`RSmith@morrisnichols.com <RSmith@morrisnichols.com>
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>, Cottrell@RLF.com <Cottrell@RLF.com>, Farnan@RLF.com
`<Farnan@RLF.com>, haynes@rlf.com <haynes@rlf.com>
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`Praatika,
`
`
`Following up on your email from April 24, we disagree with your characterization of the “interim deadline” issue. In
`particular, Wiz’s assertion that Orca never proposed specific interim deadlines for Wiz’s productions and responses to
`interrogatories is not true. Orca did propose specific deadlines, which Wiz promptly rejected and refused (repeatedly) to
`provide alternatives. For example, Orca’s March 29 discovery letter specifically requested that Wiz “produce at least the
`scope of responsive documents it has agreed to” and “supplemental responses” to Orca’s interrogatories “by April 4,
`2024.” 2023.03.29 Davis Letter. Wiz expressly rejected those interim deadlines, stating “Wiz does not expect to make a
`production by April 4, 2024.” 2024.04.02 Lacey Letter at 4. The parties then met and conferred four times where Orca
`asked Wiz to provide dates certain when it expected to produce documents responsive to Orca’s RFPs and
`interrogatories. Each time, Wiz refused. See K. McKenna email to P. Prasad (April 24, 2024). And while your email
`indicates that Wiz may have been open to additional interim deadlines proposed by Orca, Wiz never made that
`representation on any of the four meet and confers where these issues were discussed.
`
`
`Nevertheless, we have prepared the attached amended ESI order that, among other things, identifies additional specific
`interim deadlines for the parties’ document productions, Wiz’s responses to Orca’s interrogatories, and procedures for
`electronic correspondence discovery (e.g., email and other messaging applications). Please provide your availability next
`Wednesday, April 8, or Thursday, April 9, to discuss. In order for that meet and confer to be productive, please provide
`any edits to the attached amended ESI order no later than Monday, April 6.
`
`
`Best,
`Blake
`
`
`1
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 3 of 8 PageID #: 1497
`
`
`
`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: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>
`Sent: Wednesday, April 24, 2024 11:57 AM
`To: Prasad, Praatika <pprasad@wsgr.com>; #C-M ORCA SECURITY - WIZ - LW TEAM <orcasecuritywiz.lwteam@lw.com>;
`JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`Praatika,
`
`
`We disagree with your characterization of the issue and will respond to your points below separately. For purposes of
`the motion, we have moved the footnote to Orca’s issues. Please confirm Wiz has no further edits so that we can get
`this on file.
`
`
`Best,
`Krissy
`
`
`From: Prasad, Praatika <pprasad@wsgr.com>
`Sent: Wednesday, April 24, 2024 1:48 PM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`Krissy,
`
`
`The draft letter for a teleconference says the parties are at an impasse regarding “Setting interim deadlines for
`Defendant’s document productions and responses to Orca’s interrogatories.” The parties have never discussed “interim
`deadlines,” what those deadlines would be or require in terms of production, or the basis for such “interim”
`deadlines. Your citations to correspondence do not at all contradict this. And the negotiated Scheduling Order is silent
`on any “interim deadlines.”
`
`
`Regarding what you do cite, it omits the most relevant parts of our discussions and in fact confirms that the parties are
`not at an impasse on this issue. Wiz has repeatedly made clear that it is not refusing to produce any documents and
`that it expects to roll out its next production by May 10, 2024. Is Orca objecting to May 10 and seeking an earlier
`date? What date? Is Orca demanding a set number of documents by that date or on another date? We have never
`discussed those issues and do not know Orca’s position. During the April 23 meet and confer, Wiz agreed to supplement
`its Interrogatory responses and agreed to provide a date certain for some of those requests in the near future, and Wiz
`stated that Wiz could not provide a date certain for the responses that refer to document productions because Wiz is
`planning to produce documents on a rolling basis. Is Orca demanding a supplemental response within a certain
`number of days of May 10? If yes, why and what date? Again we have never discussed this.
`
`
`2
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 4 of 8 PageID #: 1498
`
`In sum, we have never discussed “interim deadlines,” including some unidentified amount of documents that are
`required to be produced and by what date. To the extent Orca is simply asking for a date certain for Wiz to begin its
`rolling productions, Wiz has already provided estimated dates for that and its interrogatory responses as previously
`discussed.
`
`
`Wiz will not be withdrawing its Issue No. 2. And Wiz further does not agree to the footnote Orca added. If Orca objects
`to Wiz’s revisions to its bullets, it will not agree to allow Orca to annotate Wiz’s issues.
`
`
`Regards,
`Praatika
`
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Wednesday, April 24, 2024 12:11 PM
`To: Prasad, Praatika <pprasad@wsgr.com>; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`EXT - krissy.mckenna@lw.com
`
`
`
`Praatika,
`
`
`We ask that Wiz withdraw its topic 2 because it is wrong and not well taken. Wiz cannot credibly assert that the parties
`have not met and conferred regarding setting interim deadlines for Defendant’s document productions and responses
`to Orca’s interrogatories. The parties have met and conferred repeatedly on Wiz’s failure to produce documents or
`respond to Orca’s interrogatories absent court “deadlines.” For example, it was discussed on the April 12 meet and
`confer and memorialized thereafter. See, e.g., K. McKenna email to C. Lacey (April 15, 2024) (Wiz “refused to commit to
`any dates certain for its productions because it does not see any urgency or need to produce documents absent express
`Court deadlines.”). Leading into our April 18 meet and confer, we asked that Wiz be prepared to “provid[e] any authority
`supporting your failure to produce any documents in response to discovery absent a ‘deadline.’” K. McKenna email to P.
`Prasad (April 17, 2024). Orca attempted to raise the issue at the April 18 meet and confer, which Wiz refused to address,
`as memorialized thereafter. K. McKenna email to P. Prasad (April 22, 2024) (“Wiz provided no basis for its failure to
`produce any additional documents and refused to provide a date certain for any forthcoming document productions.
`When Orca most recently attempted to discuss this issue during the April 18 meet and confer, Wiz refused to discuss
`it.”). Finally, during our April 23 meet and confer, we asked again when Wiz would produce documents and respond to
`Orca’s nine non-contention interrogatories (nos. 1, 2, 3, 6, 7, 11, 14, 15, 16), and Wiz refused to identify any dates
`because it was not aware of any “interim deadlines” requiring such responses.
`
`
`Please let us know by 2pm ET if Wiz will withdraw its issue number 2. If Wiz will not, we have accepted the parties’
`previous edits in the attached draft and added a footnote in redline to Wiz’s issue 2. We also added that the parties met
`and conferred on April 23.
`
`
`Best,
`Krissy
`
`
`From: Prasad, Praatika <pprasad@wsgr.com>
`Sent: Wednesday, April 24, 2024 10:53 AM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`3
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 5 of 8 PageID #: 1499
`
`
`
`Krissy,
`
`
`The notion that you can submit a discovery dispute to the Court without meeting and conferring and the parties
`reaching an impasse is contrary to Delaware practice and the Scheduling Order (allowing the parties to file a motion for
`teleconference only where “counsel find, after good faith efforts – including verbal communications among Delaware
`and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter”). If you intend to
`proceed contrary to the Court’s practice, please use the attached updated letter.
`
`
`Regards,
`Praatika
`
`
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Tuesday, April 23, 2024 11:13 PM
`To: Prasad, Praatika <pprasad@wsgr.com>; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`EXT - krissy.mckenna@lw.com
`
`
`
`Praatika,
`
`In an effort to reduce disputes, we have revised the phrasing of our issues to be non-argumentative in the attached
`draft.
`
`
`We have also updated the proposed dates for the hearing, still consistent with the dates Wiz stated it is available.
`
`
`Please let us know by noon ET tomorrow whether we should remove Wiz’s portion or can proceed with filing the
`attached.
`
`
`Best,
`Krissy
`
`
`From: McKenna, Krissy (BN)
`Sent: Tuesday, April 23, 2024 10:19 PM
`To: 'Prasad, Praatika' <pprasad@wsgr.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`Praatika,
`
`
`We provided Wiz with the draft so Wiz could fill in the issue it desires to present to the Court, as Wiz requested. We are
`not inviting Wiz to revise Orca’s portion of the submission and will not be accepting your edits to Orca’s issues for the
`Court.
`
`
`We also disagree that the parties are not at an impasse regarding either of Orca’s issues. Wiz is welcome to present its
`position on these issues in its 3-page discovery letter in line with the Court’s procedures. See Scheduling Order (D.I. 33)
`
`4
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 6 of 8 PageID #: 1500
`
`at 6. Indeed, Orca disagrees with Wiz’s phrasing of its issue (which we maintain the parties are not at an impasse on)
`and will address that in our 3-page letter if Wiz insists on raising it with the Court.
`
`If Wiz disagrees with the format of this motion as drafted, we will file it solely on behalf of Orca. Please confirm by noon
`ET tomorrow (April 24) whether we should remove Wiz’s portion.
`
`
`Best,
`Krissy
`
`
`From: Prasad, Praatika <pprasad@wsgr.com>
`Sent: Tuesday, April 23, 2024 9:08 PM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`Counsel,
`
`
`We write to follow up on your draft. A few points:
`
`
`The first point is argumentative and we object to its phrasing. As a related point, it is unclear how we are on an impasse
`on Wiz’s core technical production when Wiz is in the process of producing code and Orca has yet to even inspect said
`code. Therefore we revised the bullet to limit it to the parties’ discussions of the scope of the source code production.
`
`
`We are not at an impasse on the second issue. Orca has never brought up proposed “interim deadlines” for production
`in any meet and confer. Nor are there any deadlines in the scheduling order. The only deadline is substantial
`completion, which is months away. Wiz has consistently stated it will begin producing documents in a reasonable time
`frame. The parties have also yet to discuss custodial ESI discovery, which likely will constitute additional substantial
`documents by both parties. The parties should confer on a reasonable time to exchange search terms and then, once
`those are finalized, talk about a schedule for rolling productions on said search terms. Please let us know your position
`and we can meet and confer on this issue.
`
`
` A
`
` revised draft motion is attached. Wiz reserves the right to make further edits if Orca makes any additional changes.
`
`
`
`Regards,
`Praatika
`
`
`
`From: Prasad, Praatika
`Sent: Tuesday, April 23, 2024 1:24 PM
`To: Krissy.McKenna@lw.com; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`Krissy,
`
`
`Thank you for sharing the draft. We are reviewing and will provide edits by the end of the day. Wiz reserves the right to
`make further edits in view of any additional changes Orca makes.
`
`
`Regarding source code, we will get back to you with specifics separately.
`
`
`5
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 7 of 8 PageID #: 1501
`
`Regards,
`Praatika
`
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Monday, April 22, 2024 5:03 PM
`To: Prasad, Praatika <pprasad@wsgr.com>; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz - Teleconference with Judge
`
`
`EXT - krissy.mckenna@lw.com
`
`
`
`Praatika,
`
`
`Thank you for providing dates. Attached is a draft of the motion with a placeholder for the issue Wiz intends to raise. We
`intend to file this tomorrow before close of business, so please provide Wiz’s edits no later than 1pm eastern. We may
`further revise in view of any edits by Wiz.
`
`
`Your email also asserts that Wiz is producing code this week. While that does not moot Orca’s issues based on Wiz’s
`representations regarding the scope of that production, we would like to schedule a time to inspect. Please let us know
`when it is going to be made available.
`
`
`Best,
`Krissy
`
`
`From: Prasad, Praatika <pprasad@wsgr.com>
`Sent: Monday, April 22, 2024 10:13 AM
`To: #C-M ORCA SECURITY - WIZ - LW TEAM <orcasecuritywiz.lwteam@lw.com>; JBlumenfeld@morrisnichols.com;
`rsmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell, Fred <Cottrell@RLF.com>; Farnan, Kelly E.
`<Farnan@RLF.com>; Haynes, Christine D. <haynes@rlf.com>
`Subject: Orca v. Wiz - Teleconference with Judge
`
`
`Krissy,
`
`I am following up regarding your demand that we provide availability for a teleconference regarding source code. As we
`have repeatedly explained, we do not believe that a teleconference with the judge is appropriate at this stage because
`Orca has refused to provide an explanation for why it views Wiz’s proffer re source code production improper. Wiz still
`intends to produce source code this week. But given your insistence that we provide availability for a conference, we are
`available on the following dates after 1 pm ET: May 2, 3, 7, or 8.
`
`
`Wiz intends to raise its issues at the same time, including Orca’s refusal to produce any source code at this time. Please
`send us a draft of the motion for teleconference so we can add in our issues.
`
`
`Regards,
`Praatika
`
`
`
`Praatika Prasad (she/her) | Associate | Wilson Sonsini Goodrich & Rosati
`1301 Avenue of the Americas, 40th Floor | New York, NY 10019 | 212.453.2803 | pprasad@wsgr.com
`
`
`
`
`
`6
`
`

`

`Case 1:23-cv-00758-JLH Document 59-2 Filed 05/13/24 Page 8 of 8 PageID #: 1502
`
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