Case 1:23-cv-00758-JLH Document 59-4 Filed 05/13/24 Page 1 of 5 PageID #: 1516
`Case 1:23-cv-00758-JLH Document 59-4 Filed 05/13/24 Page 1 of 5 PagelD #: 1516
`
`EXHIBIT 3
`
` EXHIBIT 3
`
`

`

`Case 1:23-cv-00758-JLH Document 59-4 Filed 05/13/24 Page 2 of 5 PageID #: 1517
`
`Prasad, Praatika
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Prasad, Praatika
`Friday, May 10, 2024 6:01 PM
`Krissy.McKenna@lw.com; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@MNAT.com;
`RSmith@morrisnichols.com
`WSGR - Orca Wiz; haynes@rlf.com; Cottrell@RLF.com; Farnan@RLF.com
`RE: Orca v. Wiz, C.A. No. 23-758-JLH
`
`Krissy,
`
`We write to follow-up regarding issues that were raised during the May 9 meet and confer.
`
`Regarding your proposed amended ESI Order, while we are generally open to supplemen(cid:415)ng the ESI Order to address
`requests and search terms for custodial ESI, we object to Orca’s proposed amendment to replace the Delaware Default
`Standard for Discovery completely. For example, as we made clear yesterday, we do not see the inclusion of deadlines
`regarding interrogatory responses and for substan(cid:415)al comple(cid:415)on of produc(cid:415)ons, par(cid:415)cularly as to non-custodial
`documents, as being properly included in an ESI Order. As further examples, we cannot see any jus(cid:415)fica(cid:415)on for Orca’s
`removal of the provisions for “Coopera(cid:415)on” and “Propor(cid:415)onality” from the Default Standard.
`
`Addi(cid:415)onally, the Scheduling Order, which the par(cid:415)es agreed to, incorporates the Default Standard for ESI Discovery (D.I.
`33 ¶ 1) and does not contemplate that the par(cid:415)es would replace it. Orca itself has previously relied on the Default
`Standard. See K. McKenna Apr. 8, 2024 (“Wiz’s recent produc(cid:415)on also fails to comply with the Delaware Default
`Standard for Discovery.”).
`
`We are happy to look at a proposal that is narrowly addressed to conduc(cid:415)ng custodial ESI discovery. As we men(cid:415)oned
`on the call, we do not see any reason in such a proposal to delay custodial ESI discovery un(cid:415)l a(cid:332)er any non-custodial
`discovery. We are happy to begin exchanging terms and requests for custodial ESI now.
`
`Regarding Orca’s supplemental response to Rog. 2, Orca indicated that it has produced documents related to the May
`2019 Microso(cid:332) presenta(cid:415)on, but it has not iden(cid:415)fied any such documents as the interrogatory requests. Please iden(cid:415)fy
`the relevant responsive documents by Bates Numbers. Addi(cid:415)onally, Orca indicated that it has not yet found the May
`2019 Microso(cid:332) presenta(cid:415)on but is con(cid:415)nuing to look for that presenta(cid:415)on and related documents. Please confirm that
`Orca will produce the presenta(cid:415)on and related documents in a (cid:415)mely fashion when they are located.
`
`Regards,
`Praa(cid:415)ka
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Monday, May 6, 2024 8:44 AM
`To: Prasad, Praatika <pprasad@wsgr.com>; orcasecuritywiz.lwteam@lw.com; JBlumenfeld@MNAT.com;
`RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; haynes@rlf.com; Cottrell@RLF.com; Farnan@RLF.com
`Subject: RE: Orca v. Wiz, C.A. No. 23-758-JLH
`
`EXT - krissy.mckenna@lw.com
`
`
`Praa(cid:415)ka,
`
`
`1
`
`

`

`Case 1:23-cv-00758-JLH Document 59-4 Filed 05/13/24 Page 3 of 5 PageID #: 1518
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`We will send an invite to meet and confer on May 9 at 1pm ET. We can discuss Wiz’s newly raised issues if (cid:415)me allows
`a(cid:332)er the par(cid:415)es discuss the amended ESI order and Wiz’s responses to Orca’s second set of RFPs.
`
`
`We disagree with your statement that the par(cid:415)es have not sufficiently met and conferred regarding interim deadlines.
`As detailed in our prior correspondence, the par(cid:415)es have met and conferred on this topic four (cid:415)mes already in addi(cid:415)on
`to exchanging numerous wri(cid:425)en correspondence on the issue. See K. McKenna email to P. Prasad (April 24, 2024). By
`the (cid:415)me Orca’s opening mo(cid:415)on is due, we will have met and conferred on the issue for the fi(cid:332)h (cid:415)me. And while we
`understand that Wiz is “willing to discuss” the ESI order and the interim deadlines proposed therein, that does not moot
`Orca’s issue. Orca’s issue is that over the last three months Wiz has only been willing to discuss, but not actually act on,
`its discovery obliga(cid:415)ons absent court ordered deadlines. Wiz’s responses to Orca’s second set of RFPs demonstrate this
`con(cid:415)nued pa(cid:425)ern, where Wiz has once again responded to every request with an offer to “meet and confer” without
`substan(cid:415)vely responding or producing a single document. Orca therefore does not intend to withdraw its issue 2 at this
`(cid:415)me. Please let us know by tomorrow, May 7, whether Wiz agrees to the interim deadlines Orca has proposed in the ESI
`order, or if Wiz has any counterproposals that it intends to raise in response to Orca’s issue 2.
`
`
`Regarding Wiz’s newly raised issues, to allow the par(cid:415)es to engage in a meaningful discussion, please explain what Wiz
`contends is “deficient” in Orca’s responses to interrogatory nos. 2, 4, 6, and 10. Please also be prepared to address why
`Wiz believes it is appropriate to request Orca provide further supplementa(cid:415)on to document produc(cid:415)ons or
`interrogatory responses when Wiz has not provided substan(cid:415)ve response to Orca’s interrogatories or produced any
`documents other than three customer facing documents.
`
`
`Finally, given Orca has made its source code available for inspec(cid:415)on, please confirm Wiz will be withdrawing its issue
`number 1 from the disputes currently pending before the Court.
`
`
`Best,
`Krissy
`
`From: Prasad, Praatika <pprasad@wsgr.com>
`Sent: Friday, May 3, 2024 4:44 PM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; JBlumenfeld@MNAT.com; RSmith@morrisnichols.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; haynes@rlf.com; Cottrell@RLF.com; Farnan@RLF.com
`Subject: RE: Orca v. Wiz, C.A. No. 23-758-JLH
`
`Counsel,
`
` I
`
`
`
` write in response to your requests to meet and confer regarding your proposed amended ESI order and Wiz’s
`responses to Orca’s second set of RFPs. We think it makes most sense to meet regarding both issues at the same (cid:415)me,
`and are available to do so on Wednesday, May 8 between 4-6 p.m. ET or on Thursday, May 9 between 1-2 p.m. ET.
`
`
`Regarding the amended ESI order, we are willing to discuss the order with you. But your proposal makes clear that the
`par(cid:415)es have not sufficiently met and conferred regarding “interim deadlines,” so cannot be at an impasse on the
`issue. Accordingly, please confirm Orca will withdraw this topic from the disputes currently pending before the Court.
`
`
`Addi(cid:415)onally, please be prepared to discuss the below during the meet and confer:
`1. Orca’s failure to produce any documents related to:
`1.
`Internal or external documents regarding the 2019 Microsoft presentation (related to multiple requests,
`including RFP Nos. 34, 57, and Rog. Nos. 2, 11)
`2. Documents related to the alleged inventions (other than the patent applications themselves) (related to
`multiple requests, including RFP Nos. 4, 34, 44, 46); and
`3. Financial documents (related to multiple requests, including RFP Nos. 44, 47)
`
`2
`
`

`

`Case 1:23-cv-00758-JLH Document 59-4 Filed 05/13/24 Page 4 of 5 PageID #: 1519
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`2. Orca’s deficient responses to:
`1. Rog No. 2 (supplemental response); and
`2. Rogs No. 4, 6, 10.
`
`
`
`Regards,
`Praa(cid:415)ka
`
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Friday, May 3, 2024 10:20 AM
`To: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; haynes@rlf.com; Cottrell@RLF.com; Farnan@RLF.com
`Cc: orcasecuritywiz.lwteam@lw.com; JBlumenfeld@MNAT.com; RSmith@morrisnichols.com
`Subject: RE: Orca v. Wiz, C.A. No. 23-758-JLH
`
`
`EXT - krissy.mckenna@lw.com
`
`
`
`Counsel,
`
`
`Following up on the below, please provide your availability to meet and confer regarding Wiz’s responses to Orca’s
`second set of RFPs.
`
`
`Best,
`Krissy
`
`
`From: McKenna, Krissy (BN)
`Sent: Wednesday, May 1, 2024 2:00 PM
`To: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; 'Haynes, Christine D.' <haynes@rlf.com>; Cottrell, Fred
`<Cottrell@RLF.com>; Farnan, Kelly E. <Farnan@RLF.com>
`Cc: #C-M ORCA SECURITY - WIZ - LW TEAM <orcasecuritywiz.lwteam@lw.com>; JBlumenfeld
`<JBlumenfeld@MNAT.com>; Smith, Rodger <RSmith@morrisnichols.com>
`Subject: RE: Orca v. Wiz, C.A. No. 23-758-JLH
`
`
`Counsel,
`
`
`Please provide your availability to meet and confer tomorrow or Friday (May 2 or May 3) regarding your Responses to
`Orca’s Second Set of RFPs.
`
`
`Best,
`Krissy
`
`
`From: Haynes, Christine D. <haynes@rlf.com>
`Sent: Monday, April 29, 2024 4:51 PM
`To: JBlumenfeld <JBlumenfeld@MNAT.com>; Smith, Rodger <RSmith@morrisnichols.com>; #C-M ORCA SECURITY - WIZ
`- LW TEAM <orcasecuritywiz.lwteam@lw.com>
`Cc: Cottrell, Fred <Cottrell@RLF.com>; Farnan, Kelly E. <Farnan@RLF.com>; WSGR - Orca Wiz <WSGR-Orca-
`Wiz@wsgr.com>
`Subject: Orca v. Wiz, C.A. No. 23-758-JLH
`
`
`Counsel,
`A(cid:425)ached please find a service copy of Defendant’s Responses and Objec(cid:415)ons to Plain(cid:415)ff’s Second Set of Requests (Nos.
`85-90) for the Produc(cid:415)on of Documents and Things and the corresponding No(cid:415)ce of Service.
`
`3
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`

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`Case 1:23-cv-00758-JLH Document 59-4 Filed 05/13/24 Page 5 of 5 PageID #: 1520
`
`
`
`Regards,
`Chris(cid:415)ne
`
`
`
`
`
`
`Christine D. Haynes
`Richards, Layton & Finger, P.A.
`haynes@rlf.com
`
`920 N. King Street | Wilmington, DE 19801
`O: 302-651-7508 | F: 302-498-7701
`
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