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NICOLE PHILLIS (State Bar No. 291266)
nicolephillis@dwt.com
DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, 24th Floor
Los les, Califomia 90017-2566
Telephone: (213) 633-6800
Fax: (213) 633-6899
JEREMY MERKELSON (Admitted Pro Hac Vice)
ison@dwt.com
DAVIS WRIGHT TREMAINE LLP
1301 K Street NW, Suite 500 East
We ington, D.C., 20005
Telephone: (202) 973-4200
Fax: (202) 973-4499
Attomeys for Plaintiff TRACE3, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
TRACES, LLC a Califomia limited liability Case No. 23CV415833
corporation, Assignedto Hon. Sunil R. Kulkami
Dept. 1
Plaintiff,
DECLARATION OF NICOLE PHLLIS IN
vs. SUPPORT OF MOTIONTO MODIFY
TEMPORARY RESTRAINING ORDER
SY COMP A TECHNOLOGY COMPANY, AND ORDER AUTHORIZING EXPEDITED
INC., a Califomia corporation; TIMOTHY DISCOVERY
CORDELL, an individual; LILIAN ELIAS, an
individual; GEOFFREY PETERSON, an Notice of Motion and Motion, Memorandumof
individual; DEVIN TOMCIK, an individual; Points and Authorities In Support Thereof,
and DOES 1-10, inclusive; Dediarations of Sergio Kopelev and J ereny
Morris, and Proposed Order filed concurrently
Defendants.
Date: July 28, 2023
Time: 9:00 am.
Action Filed: May 12, 2023
DECL. OF NICOLE S. PHILLIS ISO’ AVIS RIGHT REMAINELLP
£865S. FIGUEROA ST, SUITE 2400
TRACE3’S MOTION TO EXTEND AND MODIFY TRO LOS ANGELES, CALIFORNIA. 90017-2566
(213) 633-6800
Fax: (213) 633-6899
DECLARATION OF NICOLE S. PHILLIS
I, Nicole S. Phillis, say and declare, as follows:
1 l amoverthe age of eighteen and competent to make this declaration. I ama partner
at the law firm of Davis Wright Tremaine, LLP and counsel of record for Plaintiff Trace3, LLC
(“Trace3”) inthis action. I have personal knowledge of the facts set forth herein, which are known.
by me to be true and correct, and if called as a witness, I could and would competently
testify
thereto.
2. I submit this declaration in support of Trace3’s Motion to Modify Temporary
Restraining Order and Order Authorizing Expedited Discovery.
10 3. On May 19, 2023, in support of their opposition to Trace3’s original TRO
11 application, Sycomp filed the declarations of Geoffrey Peterson, Devin Tomcik (both the first and
12 second) and Timothy Cordell. Attached hereto as Exhibits A, B, C, and D are true and correct
13} copies of those declarations, respectively.
14] 4. On May 23, 2023, the Court granted Trace3’s ex parte application and granted a
15) narrowly tailored TRO and set an OSC/PI hearing forJuly 21. The Court also authorized “limited
16 expedited discovery” to aid the parties “in preparation for the preliminary injunction hearing” and
17 set each party’ s response time for seven (7) days. Attached as Exhibit E is a true and correct copy
18 of the transcript
from that hearing. Trace3
has filed the full unredacted conditionally under seal
19} and designated its references to client names as confidential. Attached for ease of the Court's
20 reference is a redacted version.
21 5. OnJune 12, 2023, Sycomp served a Statement Regarding Forensic Search per the
Court’s
May 23, 2023, Order. Attached hereto as Exhibit F is a true and correct copy of Sycomp’s
Statement Regarding Forensic Search.
24 6. On June 28, 2023, following a series of disputes about the adequacy of Trace3’s
25 disclosure, Trace3 served an amended trade secret identification (the “Amended Identification”)
26 setting forth in even more detail, and with more examples, the trade secrets
at issue. This Exhibit
27 contains Highly Confidential - Attomeys’ Eyes Only information
and will be lodged conditionally
AVIS RIGHT REMAINELLP
£865S. FIGUEROA ST, SUITE 2400
DECL. OF NICOLE S. PHILLIS ISO’ LOS ANGELES, CALIFORNIA 90017-2566
TRACE3’S MOTION TO EXTEND AND MODIFY TRO (213) 633-6800
Fax: (213) 633-6899
under seal in accordance with the Parties’ agreement
on July 7, 2023, in connection
with the Motion
to Seal.
7. The Amended Identification responded directly to Sycomp’s objections, provided
additional details regarding Trace3’s trade secrets, and even attached the documents that Trace3
had forensically recovered (to date) that fall within each category of documents.
8. The Amended Identification set forth the following four categories of trade secrets:
(1) the Compilation of Build Documents for Rack N Roll Services for the Northem Califomia
Region, which provide Trace3 's historical data, Build histories, and client knowledge required for
Sycompto enter
the Northem Califomia
Rack N Roll Market; (2) Trace3’s Northem Califomia.
10 Customer Lists for Rack N Roll and Loose Gear Services, which include customer names as well
11 as historical revenue, profit, and margin information, as well as copies of the customer lists that
12 Trace3 forensically recoveredto date; (3) Trace3's Northem Califomia Vendor Lists for Radk N
13} Roll and Loose Gear Servioes, which include
vendor names as well as historical revenue, sales,
14] and incentive payment information, as well as actual copies of the vendor lists that Trace3
15) forensically recoveredto date; and (4) Trace3’s Competitive Sales and Revenue Infonmation for
16 Northem Califomia Region, which include Trace’3s intemal historical sales, revenue, profit,
17 vendor incentive and MDF data and profit margin information for services performed by Trace3
18 in Northem Califomia.
19} 9. Following email follow-up by Sycomp on June 28, Trace3 further produced a file
20 listing of the compilation of build documents in Category (1) and a further file listing identifying
21 four more customer lists that Trace3 had identified at issue, but not forensically recovered in
Category (2). These Exhibits contains Highly Confidential - Attomeys’ Eyes Only information
and will be lodged conditionally under seal in accordance with the Parties’ agreement on July 7,
24 2023, in connection with the Motion to Seal.
25
26 ///
27 ///
///
AVIS RIGHT REMAINELLP
£865S. FIGUEROA ST, SUITE 2400
DECL. OF NICOLE S. PHILLIS ISO’ LOS ANGELES, CALIFORNIA 90017-2566
TRACE3’S MOTION TO EXTEND AND MODIFY TRO (213) 633-6800
Fax: (213) 633-6899
I declare under penalty of perjury under the laws of the State of Califomia
that the foregoing
is true and correct.
Executed July 7, 2023, at Los Angeles, Califomia.
Nicole S. Phillis”
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AVIS RIGHT REMAINELLP
£865S. FIGUEROA ST, SUITE 2400
DECL. OF NICOLE S. PHILLIS ISO’ LOS ANGELES, CALIFORNIA 90017-2566
TRACE3’S MOTION TO EXTEND AND MODIFY TRO (213) 633-6800
Fax: (213) 633-6899
EXHIBIT A
DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202
RAJIV DHARNIDHARKA (Cal. Bar No. 234756)
rajiv.dharnidharka@dlapiper.com
JEANETTE BARZELAY (Cal. Bar No. 261780)
jeanette.barzelay@us.dlapiper.com
MICAH A. CHAVIN (Cal. Bar No. 313634)
micah.chavin@dlapiper.com
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Tel: 650.833.2000
Fax: 650.833.2001
Attorneys for Defendant,
Sycomp A Technology Company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SANTA CLARA
11
12
TRACE3, LLC, a California limited liability CASE NO. 23CV415833
13 company,
DECLARATION OF TIMOTHY
14 CORDELL IN SUPPORT OF
Plaintiff, DEFENDANT SYCOMP A
15 TECHNOLOGY COMPANY’S
Vv. OPPOSITION TO PLAINTIFF TRACE 3,
16 LLC’S EX PARTE APPLICATION FOR A
SYCOMP A TECHNOLOGY COMPANY, TEMPORARY RESTRAINING ORDER
17 INC., a California corporation; TIMOTHY TO SHOW CAUSE REGARDING
CORDELL, an individual; LILIAN ELIAS, an PRELIMINARY INJUNCTION AGAINST)
18 individual; GEOFF PETERSON, an individual; DEFENDANTS
DEVIN TOMCIK, an individual; and DOES 1-
19 10, inclusive; Date: TBD
Time: TBD
20 Dept: 1
Defendants.
21 Action Filed: May 12, 2023
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DLA PER LLP( )
ALO LT0
WEST\302854653. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope 1D: FSB9F3C6-FB71-474E-A7D9-51671D4ED202
I, Timothy Cordell, declare as follows:
1 I am a Defendant in the above-captioned action and an employee of Defendant
Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of
Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order
and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a
Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik.
Ihave personal knowledge of the facts set forth in this Declaration, and if called as a witness, could
and would testify competently to such facts under oath.
2. I am a former employee of Plaintiff TRACE3 LLC (“Trace3”). I resigned from
10 Trace3 on April 17, 2023. I returned my Trace3 work computer on May 1, 2023. In the weeks
11 leading up to April 17, 2023, I deleted all personal files that were stored on my Trace3 computer.
12 3 Thave reviewed the statements on pages 16-17 of Trace3’s ex parte application that
13 Lused a Dropbox account registered to another Trace3 employee. That is true. I used the Dropbox
14 account of my girlfriend, S.T., a current Trace3 employee. I began using her Dropbox account in
15 approximately the spring or summer of 2019, long before I had any thought of leaving
16 Groupware/Trace3. I used S.T.’s account mostly as a matter of convenience. She was not really
17 using it and it was easier (and cheaper) than getting my own account. I exclusively used that
18 Dropbox account to store personal files.
19 4 Prior to giving notice to Trace3 that I would be leaving, I wanted to transfer and
20 delete numerous personal files that were stored on my Trace3 laptop. I had over a decade’s worth
21 of personal material on that laptop and in Trace3’s Box account that I did not want to lose. I also
22 did not want my personal material to remain in Trace3’s system after my departure. To that end, I
23 hurriedly transferred a huge amount of material from my Trace3 laptop to the personal Dropbox
24 account.
25 5 On April 24, after I received a cease-and-desist letter from Trace3’s lawyers and
26 was asked by Sycomp to confirm that I did not possess or have access to any remaining Trace3
27 files, I checked the Dropbox account and saw that I had inadvertently transferred somewhere
28 between 50 and 200 Trace3 files to that account. As best I can recall from the very brief glance I
DLA PER LLP( )
ALO LT0
WEST\302854653. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope 1D: FSB9F3C6-FB71-474E-A7D9-51671D4ED202
took at the file names, the files I inadvertently transferred would have had no current or ongoing
utility. I immediately deleted three files because I knew I should not have them. From memory,
those were (1) my customer lists from 2021 and 2022, (2) my Top Vendor List by Spend for 2022,
and (3) a report showing my total services dollars for 2022. I then realized that I should not be
deleting files and stopped immediately. All of the files and folders I saw remain in my Dropbox
account, including the three files I deleted, which are retrievable for 30 days in Dropbox. I should
add that the three items I deleted were emailed to me by my Trace3 supervisor, Jeremy Morris, so
Trace3 has them; those are not “my” files. The information provided in those three documents was
incorporated into a PowerPoint presentation I made to the sales leadership team in connection with
10 my Quarterly Business Review for the first quarter of 2023. Trace3 also has a copy of that
11 PowerPoint presentation.
12 6. Other than as described in the preceding paragraph, I do not possess or have access
13 to any files belonging to Trace3. I did not retain possession of any Trace3 files, documents, or
14 information after ceasing employment with Trace3 and returning my work computer. I did not
15 transfer any Trace3 files, documents, or information to anyone at Sycomp.
16 7
Attached hereto as Exhibit | is a true and correct copy of my April 7, 2023, Offer
17 of Employment letter from Sycomp (redacted to exclude my compensation details and home
18 address), which I signed on April 6, 2023. I have complied with and I am in compliance with
19 Section 5 of this Offer of Employment, titled No Conflicting Obligations, with the understanding
20 that the non-competition and non-solicitation clauses with prior employers are unenforceable
21 pursuant to California law.
22 I declare under penalty of perjury under the laws of the United States of America that the
23 foregoing is true and correct.
24 Executed this 18th day of May 2023, at San Jose, California.
25 Docusigned by:
=
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Timothy Cordell»
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DLA PER LLP( )
ALO LT0
WEST\302854653. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202
Exhibit
DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202
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DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202
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EXHIBIT B
DocuSign Envelope !D: 687982BA-2072-406B-AOFE-9C6A0201EF 26
RAJIV DHARNIDHARKA (Cal. Bar No. 234756)
rajiv.dharnidharka@dlapiper.com
JEANETTE BARZELAY (Cal. Bar No. 261780)
jeanette.barzelay@us.dlapiper.com
MICAH A. CHAVIN (Cal. Bar No. 313634)
micah.chavin@dlapiper.com
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Tel: 650.833.2000
Fax: 650.833.2001
Attorneys for Defendant,
Sycomp A Technology Company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
TRACE3, LLC, a California limited liability CASE NO. 23CV415833
company,
DECLARATION OF DEVIN TOMCIK IN
SUPPORT OF DEFENDANT SYCOMP A
Plaintiff, TECHNOLOGY COMPANY’S
OPPOSITION TO PLAINTIFF TRACE 3,
LLC’S EX PARTE APPLICATION FOR A
TEMPORARY RESTRAINING ORDER
SYCOMP A TECHNOLOGY COMPANY, TO SHOW CAUSE REGARDING
INC., a California corporation; TIMOTHY PRELIMINARY INJUNCTION AGAINST)
CORDELL, an individual; LILIAN ELIAS, an DEFENDANTS
individual; GEOFF PETERSON, an individual;
DEVIN TOMCIK, an individual; and DOES 1-
10, inclusive;
Defendants. Action Filed: May 12, 2023
DLA PER LLP( )
ALO LT0
WEST\302854780. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope 1D: 687982BA-2072-406B-AOFE-9C6A0201EF26
I, Devin Tomcik, declare as follows:
1 I am a Defendant in the above-captioned action and an employee of Defendant
Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of
Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order
and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a
Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik.
Ihave personal knowledge of the facts set forth in this Declaration, and if called as a witness, could
and would testify competently to such facts under oath.
2. I am a former employee of Plaintiff TRACE3 LLC (“Trace3”). I resigned from
10 Trace3 on April 16, 2023, and I continued to work for Trace3 up until my final day. I returned my
11 Trace3 work computer (along with a second non-functioning Trace3 laptop) on April 20, 2023,
12 using a shipping box and Federal Express label supplied by Trace3.
13 3 While I worked at Trace3, and before that at Groupware, I used a personal Dropbox
14 folder that was mirrored across my work computer, personal laptop, as well as a media desktop
15 machine that I primarily used to watch movies. Prior to returning my work computer, | deleted all
16 files from this Dropbox folder. The same files were therefore removed from my personal laptop.
17 (I am not aware if the files were removed from my media desktop because I have not turned on that
18 device since March 8, 2023, when it crashed due to a power outage.)
19 4 My use of Dropbox for work was well-known to my colleagues at Groupware and
20 Trace3. I used Dropbox as a supplement to the company’s Box account for two reasons: first, I had
21 begun using Dropbox shortly after I began working for Groupware in 2011, and years before the
22 company began using Box as the company’s cloud storage platform. Second, the interface for
23 Dropbox was better: the files stored there were mirrored to match the files on my desktop; Box, by
24 contrast, uses its own folder structure that is not as conducive to the fast pace at which I like to
25 work.
26 5 Although I cannot confirm the specific dates, Trace3 is correct that I had a personal
27 USB drive that I connected to my Trace3 laptop and that I used as a backup. I neglected to send
28 that device to Trace3 when I shipped my laptops and power cords back to the company on April
DLA PER LLP( )
ALO LT0
WEST\302854780. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope 1D: 687982BA-2072-406B-AOFE-9C6A0201EF26
20, 2023. When I received a cease-and-desist letter from Trace3’s attorneys on April 21, 2023, I
should have immediately shipped that USB drive to the company because, in addition to many
personal files, it also contained Trace3 information. Instead, I destroyed it. To be clear, I did this
entirely on my own and without providing prior notice to anyone at Sycomp. I do not have access
to any of the files that were on that thumb drive and have not had access to them since April 21,
2023. I did not transfer or otherwise deliver or communicate any of the contents of that thumb
drive to any other person at Sycomp, nor did I connect it to any other device, including my Sycomp-
issued laptop. The materials formerly contained on that thumb drive were destroyed, although they
should all still exist on Trace3’s network.
10 6. Ihave now done a thorough search of my home to see whether I might inadvertently
11 have retained any additional information belonging to Trace3. Except for the photographs
12 described in the next paragraph, I have not. I also did not transfer any Trace3 files, documents, or
13 information to anyone at Sycomp.
14 7
Finally, although I have not opened or viewed them since beginning work at
15 Sycomp, I believe that my iPhone may contain photographs I took during my work at Groupware
16 and Trace3. I occasionally] took photographs of customer installations and whiteboard
17 presentations during meetings, but generally I would not revisit them. I cannot quantify the number
18 of such images because, again, I have refrained from scrolling back to look at them since I began
19 working at Sycomp.
20 8 Attached as Exhibit 1 is a true and correct copy of my April 7, 2023, Offer of
21 Employment letter from Sycomp (redacted to exclude my compensation details and home address)
22 which I signed on April 14, 2020. I have complied with and I am in compliance with Section 5 of
23 this Offer of Employment, titled No Conflicting Obligations, with the understanding that the non-
24 competition and non-solicitation clauses with prior employers are unenforceable pursuant to
25 California law.
26 //
27 //
28
DLA PER LLP( )
ALO LT0
WEST\302854780. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: 687982BA-2072-406B-AOFE-9C6A0201EF26
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 18th day of May 2023, at Santa Cruz, California.
DocuSigned by:
Devin Tomei
-ASGATTOOSASKAD!
Devin To MCI
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DLA PER LLP( )
ALO LT0
WEST\302854780. CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: 687982BA-2072-406B-AOFE-9C6A0201EF26
Exhibit
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
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EXHIBIT C
DocuSign Envelope ID: C85A6E2C-7A13-4D0B-92E8-45D8C516EA52
GLENN AGRE BERGMAN & FUENTES LLP
Lyn R. Agre (SBN 178218)
Edward E. Shapiro (SBN 326182)
44 Montgomery Street, Suite 2410
San Francisco, California 94104
Telephone: 332-233-5784
lagre@glennagre.com
eshapiro@glennagre.com
Attorneys for Defendant,
Devin Tomcik
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
TRACE3, LLC, a California limited liability CASE NO. 23CV415833
11 company,
SECOND DECLARATION OF DEVIN
12 TOMCIK
Plaintiff,
13 Date: 5/22/2023
Vv. Time: 4:30 p.m.
14 Dept: 1
SYCOMP A TECHNOLOGY COMPANY,
15 INC., a California corporation; TIMOTHY Action Filed: May 12, 2023
CORDELL, an individual; LILIAN ELIAS, an
16 individual; GEOFF PETERSON, an individual;
DEVIN TOMCIK, an individual; and DOES 1-
17 10, inclusive;
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Defendants.
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CASE NO. 23CV41583.
SECOND DECLARATION OF DEVIN TOMCIK
DocuSign Envelope ID: C85A6E2C-7A13-4D0B-92E8-45D8C516EA52
I, Devin Tomcik, declare as follows:
1 I submit this Second Declaration following the May 22, 2023 hearing on Trace3’s
ex parte application to further address the thumb drive I destroyed on April 21, 2023. I have
personal knowledge of the facts set forth in this Declaration, and if called as a witness, could and
would testify competently to such facts under oath.
2. T understand the Court and the parties are reasonably concerned about my April 21,
2023 decision to destroy the thumb drive, after receiving a cease-and-desist letter from Trace3’s
attorneys that day rather than sending it to Trace3. This was entirely without Sycomp’s knowledge.
3 What I failed to also mention in my prior declaration, so as not to make an excuse
10 for my actions, was that the Trace3 files I copied to the thumb drive should also exist on the media
11 server desktop computer I described in paragraph 3 of my prior declaration. As | stated there, I used
12 a personal Dropbox account to sync my work laptop, a personal laptop, and a desktop computer I
13 primarily used as a media server. The desktop computer crashed as a result of a power outage on
14 March 8, 2023. I took it in for repair and have not turned it on since I retrieved it on Friday, May
15 6, 2023. It is in a sealed box. All the files I copied to the thumb drive were also present on the
16 desktop computer when it crashed. I offer this not as an excuse for my actions, but to advise the
17 Court and all parties that the Trace3 data that was on the thumb drive in question still exists and
18 can be reviewed. To that end, I have no objection to submitting this device for forensic review by
19 a neutral vendor to identify and then remove any Trace3 files it may contain (or any alternative the
20 Court may order).
21 4 As further guidance for any forensic review, I offer the following information.
22 There are three categories of Trace3 work-related information that I remember transferring to the
23 thumb drive: (1) my Outlook.pst files, which I had created at the direction of Trace3’s IT team,
24 when I had reached the limit of my storage capacity; (2) “build documents” for my customers, all
25 of which I knew were in Trace3’s shared drive with Box; and (3) Excel files I had created for a
26 particular customer to keep track of switches and other parts that customer required. I also knew
27 that those spreadsheets were in Trace3’s possession because I had emailed them to everyone on my
28 team, including my supervisor, Jeremy Morris, and other team members who remain employed at
CASE NO. 23CV41583.
SECOND DECLARATION OF DEVIN TOMCIK
DocuSign Envelope ID: C85A6E2C-7A13-4D0B-92E8-45D8C516EA52
Trace3. I sent those emails beginning in approximately February 2023, and continued to send them
almost up until my last day at the company.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 23nd day of May 2023, at 10:00AM California.
DocuSigned by:
Devin Tomei
“39417900 0:
Devin Tomcik
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CASE NO. 23CV41583.
SECOND DECLARATION OF DEVIN TOMCIK
EXHIBIT D
23CV415833
Santa Clara — Civil
RAJIV DHARNIDHARKA (Cal. Bar No. 234756) Electronically Filed
rajiv.dharnidharka@dlapiper.com by Superior Court of CA,
JEANETTE BARZELAY (Cal. Bar No. 261780) County of Santa Clara,
jeanette.barzelay@us.dlapiper.com on 5/19/2023 7:04 AM
MICAH A. CHAVIN (Cal. Bar No. 313634) Reviewed By: R. Walker
micah.chavin@dlapiper.com Case #23CV415833
DLA PIPER LLP (US)
Envelope: 12016391
2000 University Avenue
East Palo Alto, CA 94303-2214
Tel: 650.833.2000
Fax: 650.833.2001
Attorneys for Defendant,
Sycomp A Technology Company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SANTA CLARA
11
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TRACE3, LLC, a California limited liability CASE NO. 23CV415833
13 company,
DECLARATION OF GEOFF PETERSON
14 IN SUPPORT OF DEFENDANT SYCOMP
Plaintiff, A TECHNOLOGY COMPANY’S
15 OPPOSITION TO PLAINTIFF TRACE 3,
Vv. LLC’S EX PARTE APPLICATION FOR A
16 TEMPORARY RESTRAINING ORDER
SYCOMP A TECHNOLOGY COMPANY, TO SHOW CAUSE REGARDING
17 INC., a California corporation; TIMOTHY PRELIMINARY INJUNCTION AGAINST]
CORDELL, an individual; LILIAN ELIAS, an DEFENDANTS
18 individual; GEOFF PETERSON, an individual
DEVIN TOMCIK, an individual; and DOES 1- Date: TBD
19 10, inclusive; Time: TBD
Dept: 1
20
Defendants. Action Filed: May 12, 2023
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22
23
24
25
26
27
28
DLA Pier LLP (US)
PALO ALTO
WEST\302854829.1 1 CASE NO. 23CV41583.
DECLARATION OF GEOFF PETERSON ISO SYCOMP’S OPPOSITION TO TRACE3’S EX PARTE APPLICATION
I, Geoff Peterson, declare as follows:
1 I am a Defendant in the above-captioned action and an employee of Defendant
Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of
Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order
and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a
Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik.
Ihave personal knowledge of the facts set forth in this Declaration, and if called as a witness, could
and would testify competently to such facts under oath.
2. Iam a former employee of Plaintiff TRACE3 LLC (“Trace3”). I attempted to tender
10 my two weeks’ notice on April 17, 2023, but instead was informed by my supervisor that April 17
11 would likely be my final day; however, I did not receive confirmation that Trace3 had accepted my
12 resignation until the following day, April 18, 2023, at 4:26 p.m. Eastern. On April 21, 2023, I
13 returned to Trace3 my Trace3 laptops, business cards, company lanyards, paper files, and some
14 computer peripherals. On April 28, I returned to Trace3 the remaining Trace3 items I possessed,
15 including site tools, computer monitors, as well as an external hard drive and a few thumb drives
16 that contained Trace3 files. Before returning the external hard drive, I copied my personal files—
17 and only my personal files—onto my personal laptop.
18 3 In early 2019, as an employee of Groupware (later acquired by Trace3), I relocated
19 from California to Georgia. I was issued a new laptop from Groupware during this relocation. In
20 or around February or March
Preview
NICOLE PHILLIS (State Bar No. 291266) nicolephillis@dwt.com DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los les, Califomia 90017-2566 Telephone: (213) 633-6800 Fax: (213) 633-6899 JEREMY MERKELSON (Admitted Pro Hac Vice) ison@dwt.com DAVIS WRIGHT TREMAINE LLP 1301 K Street NW, Suite 500 East We ington, D.C., 20005 Telephone: (202) 973-4200 Fax: (202) 973-4499 Attomeys for Plaintiff TRACE3, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA TRACES, LLC a Califomia limited liability Case No. 23CV415833 corporation, Assignedto Hon. Sunil R. Kulkami Dept. 1 Plaintiff, DECLARATION OF NICOLE PHLLIS IN vs. SUPPORT OF MOTIONTO MODIFY TEMPORARY RESTRAINING ORDER SY COMP A TECHNOLOGY COMPANY, AND ORDER AUTHORIZING EXPEDITED INC., a Califomia corporation; TIMOTHY DISCOVERY CORDELL, an individual; LILIAN ELIAS, an individual; GEOFFREY PETERSON, an Notice of Motion and Motion, Memorandumof individual; DEVIN TOMCIK, an individual; Points and Authorities In Support Thereof, and DOES 1-10, inclusive; Dediarations of Sergio Kopelev and J ereny Morris, and Proposed Order filed concurrently Defendants. Date: July 28, 2023 Time: 9:00 am. Action Filed: May 12, 2023 DECL. OF NICOLE S. PHILLIS ISO’ AVIS RIGHT REMAINELLP £865S. FIGUEROA ST, SUITE 2400 TRACE3’S MOTION TO EXTEND AND MODIFY TRO LOS ANGELES, CALIFORNIA. 90017-2566 (213) 633-6800 Fax: (213) 633-6899 DECLARATION OF NICOLE S. PHILLIS I, Nicole S. Phillis, say and declare, as follows: 1 l amoverthe age of eighteen and competent to make this declaration. I ama partner at the law firm of Davis Wright Tremaine, LLP and counsel of record for Plaintiff Trace3, LLC (“Trace3”) inthis action. I have personal knowledge of the facts set forth herein, which are known. by me to be true and correct, and if called as a witness, I could and would competently testify thereto. 2. I submit this declaration in support of Trace3’s Motion to Modify Temporary Restraining Order and Order Authorizing Expedited Discovery. 10 3. On May 19, 2023, in support of their opposition to Trace3’s original TRO 11 application, Sycomp filed the declarations of Geoffrey Peterson, Devin Tomcik (both the first and 12 second) and Timothy Cordell. Attached hereto as Exhibits A, B, C, and D are true and correct 13} copies of those declarations, respectively. 14] 4. On May 23, 2023, the Court granted Trace3’s ex parte application and granted a 15) narrowly tailored TRO and set an OSC/PI hearing forJuly 21. The Court also authorized “limited 16 expedited discovery” to aid the parties “in preparation for the preliminary injunction hearing” and 17 set each party’ s response time for seven (7) days. Attached as Exhibit E is a true and correct copy 18 of the transcript from that hearing. Trace3 has filed the full unredacted conditionally under seal 19} and designated its references to client names as confidential. Attached for ease of the Court's 20 reference is a redacted version. 21 5. OnJune 12, 2023, Sycomp served a Statement Regarding Forensic Search per the Court’s May 23, 2023, Order. Attached hereto as Exhibit F is a true and correct copy of Sycomp’s Statement Regarding Forensic Search. 24 6. On June 28, 2023, following a series of disputes about the adequacy of Trace3’s 25 disclosure, Trace3 served an amended trade secret identification (the “Amended Identification”) 26 setting forth in even more detail, and with more examples, the trade secrets at issue. This Exhibit 27 contains Highly Confidential - Attomeys’ Eyes Only information and will be lodged conditionally AVIS RIGHT REMAINELLP £865S. FIGUEROA ST, SUITE 2400 DECL. OF NICOLE S. PHILLIS ISO’ LOS ANGELES, CALIFORNIA 90017-2566 TRACE3’S MOTION TO EXTEND AND MODIFY TRO (213) 633-6800 Fax: (213) 633-6899 under seal in accordance with the Parties’ agreement on July 7, 2023, in connection with the Motion to Seal. 7. The Amended Identification responded directly to Sycomp’s objections, provided additional details regarding Trace3’s trade secrets, and even attached the documents that Trace3 had forensically recovered (to date) that fall within each category of documents. 8. The Amended Identification set forth the following four categories of trade secrets: (1) the Compilation of Build Documents for Rack N Roll Services for the Northem Califomia Region, which provide Trace3 's historical data, Build histories, and client knowledge required for Sycompto enter the Northem Califomia Rack N Roll Market; (2) Trace3’s Northem Califomia. 10 Customer Lists for Rack N Roll and Loose Gear Services, which include customer names as well 11 as historical revenue, profit, and margin information, as well as copies of the customer lists that 12 Trace3 forensically recoveredto date; (3) Trace3's Northem Califomia Vendor Lists for Radk N 13} Roll and Loose Gear Servioes, which include vendor names as well as historical revenue, sales, 14] and incentive payment information, as well as actual copies of the vendor lists that Trace3 15) forensically recoveredto date; and (4) Trace3’s Competitive Sales and Revenue Infonmation for 16 Northem Califomia Region, which include Trace’3s intemal historical sales, revenue, profit, 17 vendor incentive and MDF data and profit margin information for services performed by Trace3 18 in Northem Califomia. 19} 9. Following email follow-up by Sycomp on June 28, Trace3 further produced a file 20 listing of the compilation of build documents in Category (1) and a further file listing identifying 21 four more customer lists that Trace3 had identified at issue, but not forensically recovered in Category (2). These Exhibits contains Highly Confidential - Attomeys’ Eyes Only information and will be lodged conditionally under seal in accordance with the Parties’ agreement on July 7, 24 2023, in connection with the Motion to Seal. 25 26 /// 27 /// /// AVIS RIGHT REMAINELLP £865S. FIGUEROA ST, SUITE 2400 DECL. OF NICOLE S. PHILLIS ISO’ LOS ANGELES, CALIFORNIA 90017-2566 TRACE3’S MOTION TO EXTEND AND MODIFY TRO (213) 633-6800 Fax: (213) 633-6899 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Executed July 7, 2023, at Los Angeles, Califomia. Nicole S. Phillis” 10 11 12 13} 14] 15) 16 17 18 19} 20 21 24 25 26 27 AVIS RIGHT REMAINELLP £865S. FIGUEROA ST, SUITE 2400 DECL. OF NICOLE S. PHILLIS ISO’ LOS ANGELES, CALIFORNIA 90017-2566 TRACE3’S MOTION TO EXTEND AND MODIFY TRO (213) 633-6800 Fax: (213) 633-6899 EXHIBIT A DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 RAJIV DHARNIDHARKA (Cal. Bar No. 234756) rajiv.dharnidharka@dlapiper.com JEANETTE BARZELAY (Cal. Bar No. 261780) jeanette.barzelay@us.dlapiper.com MICAH A. CHAVIN (Cal. Bar No. 313634) micah.chavin@dlapiper.com DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 Attorneys for Defendant, Sycomp A Technology Company SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CLARA 11 12 TRACE3, LLC, a California limited liability CASE NO. 23CV415833 13 company, DECLARATION OF TIMOTHY 14 CORDELL IN SUPPORT OF Plaintiff, DEFENDANT SYCOMP A 15 TECHNOLOGY COMPANY’S Vv. OPPOSITION TO PLAINTIFF TRACE 3, 16 LLC’S EX PARTE APPLICATION FOR A SYCOMP A TECHNOLOGY COMPANY, TEMPORARY RESTRAINING ORDER 17 INC., a California corporation; TIMOTHY TO SHOW CAUSE REGARDING CORDELL, an individual; LILIAN ELIAS, an PRELIMINARY INJUNCTION AGAINST) 18 individual; GEOFF PETERSON, an individual; DEFENDANTS DEVIN TOMCIK, an individual; and DOES 1- 19 10, inclusive; Date: TBD Time: TBD 20 Dept: 1 Defendants. 21 Action Filed: May 12, 2023 22 23 24 25 26 27 28 DLA PER LLP( ) ALO LT0 WEST\302854653. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope 1D: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 I, Timothy Cordell, declare as follows: 1 I am a Defendant in the above-captioned action and an employee of Defendant Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik. Ihave personal knowledge of the facts set forth in this Declaration, and if called as a witness, could and would testify competently to such facts under oath. 2. I am a former employee of Plaintiff TRACE3 LLC (“Trace3”). I resigned from 10 Trace3 on April 17, 2023. I returned my Trace3 work computer on May 1, 2023. In the weeks 11 leading up to April 17, 2023, I deleted all personal files that were stored on my Trace3 computer. 12 3 Thave reviewed the statements on pages 16-17 of Trace3’s ex parte application that 13 Lused a Dropbox account registered to another Trace3 employee. That is true. I used the Dropbox 14 account of my girlfriend, S.T., a current Trace3 employee. I began using her Dropbox account in 15 approximately the spring or summer of 2019, long before I had any thought of leaving 16 Groupware/Trace3. I used S.T.’s account mostly as a matter of convenience. She was not really 17 using it and it was easier (and cheaper) than getting my own account. I exclusively used that 18 Dropbox account to store personal files. 19 4 Prior to giving notice to Trace3 that I would be leaving, I wanted to transfer and 20 delete numerous personal files that were stored on my Trace3 laptop. I had over a decade’s worth 21 of personal material on that laptop and in Trace3’s Box account that I did not want to lose. I also 22 did not want my personal material to remain in Trace3’s system after my departure. To that end, I 23 hurriedly transferred a huge amount of material from my Trace3 laptop to the personal Dropbox 24 account. 25 5 On April 24, after I received a cease-and-desist letter from Trace3’s lawyers and 26 was asked by Sycomp to confirm that I did not possess or have access to any remaining Trace3 27 files, I checked the Dropbox account and saw that I had inadvertently transferred somewhere 28 between 50 and 200 Trace3 files to that account. As best I can recall from the very brief glance I DLA PER LLP( ) ALO LT0 WEST\302854653. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope 1D: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 took at the file names, the files I inadvertently transferred would have had no current or ongoing utility. I immediately deleted three files because I knew I should not have them. From memory, those were (1) my customer lists from 2021 and 2022, (2) my Top Vendor List by Spend for 2022, and (3) a report showing my total services dollars for 2022. I then realized that I should not be deleting files and stopped immediately. All of the files and folders I saw remain in my Dropbox account, including the three files I deleted, which are retrievable for 30 days in Dropbox. I should add that the three items I deleted were emailed to me by my Trace3 supervisor, Jeremy Morris, so Trace3 has them; those are not “my” files. The information provided in those three documents was incorporated into a PowerPoint presentation I made to the sales leadership team in connection with 10 my Quarterly Business Review for the first quarter of 2023. Trace3 also has a copy of that 11 PowerPoint presentation. 12 6. Other than as described in the preceding paragraph, I do not possess or have access 13 to any files belonging to Trace3. I did not retain possession of any Trace3 files, documents, or 14 information after ceasing employment with Trace3 and returning my work computer. I did not 15 transfer any Trace3 files, documents, or information to anyone at Sycomp. 16 7 Attached hereto as Exhibit | is a true and correct copy of my April 7, 2023, Offer 17 of Employment letter from Sycomp (redacted to exclude my compensation details and home 18 address), which I signed on April 6, 2023. I have complied with and I am in compliance with 19 Section 5 of this Offer of Employment, titled No Conflicting Obligations, with the understanding 20 that the non-competition and non-solicitation clauses with prior employers are unenforceable 21 pursuant to California law. 22 I declare under penalty of perjury under the laws of the United States of America that the 23 foregoing is true and correct. 24 Executed this 18th day of May 2023, at San Jose, California. 25 Docusigned by: = 26 Timothy Cordell» 27 28 DLA PER LLP( ) ALO LT0 WEST\302854653. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 Exhibit DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 Sy CoM p EE Delivering Technology Globally 10 Tim Position working Company At 3. Compensation st anniversary 4. Commissions. receive st This will also be required to sign and comply with Sycomp’s Assignment resign or are base Sycomp.com ] CO DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 SY CoM Delivering Technology Globally p empl all Company. 6. Benefits Assignment Agreement. Assignment letter. Tim March Sycomp.com ] CO DocuSign Envelope ID: FSB9F3C6-FB71-474E-A7D9-51671D4ED202 SY CoM Delivering Technology Globally 925 864 6115 Uesbyiey OUTS, Alen Slabdadi SUR ERZ DocuSigned by: Tim Cordell TENERT F Signature 4/6/2023 | 11:05:10 AM PDT Responsibilities Sycomp.com ] CO EXHIBIT B DocuSign Envelope !D: 687982BA-2072-406B-AOFE-9C6A0201EF 26 RAJIV DHARNIDHARKA (Cal. Bar No. 234756) rajiv.dharnidharka@dlapiper.com JEANETTE BARZELAY (Cal. Bar No. 261780) jeanette.barzelay@us.dlapiper.com MICAH A. CHAVIN (Cal. Bar No. 313634) micah.chavin@dlapiper.com DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 Attorneys for Defendant, Sycomp A Technology Company SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA TRACE3, LLC, a California limited liability CASE NO. 23CV415833 company, DECLARATION OF DEVIN TOMCIK IN SUPPORT OF DEFENDANT SYCOMP A Plaintiff, TECHNOLOGY COMPANY’S OPPOSITION TO PLAINTIFF TRACE 3, LLC’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER SYCOMP A TECHNOLOGY COMPANY, TO SHOW CAUSE REGARDING INC., a California corporation; TIMOTHY PRELIMINARY INJUNCTION AGAINST) CORDELL, an individual; LILIAN ELIAS, an DEFENDANTS individual; GEOFF PETERSON, an individual; DEVIN TOMCIK, an individual; and DOES 1- 10, inclusive; Defendants. Action Filed: May 12, 2023 DLA PER LLP( ) ALO LT0 WEST\302854780. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope 1D: 687982BA-2072-406B-AOFE-9C6A0201EF26 I, Devin Tomcik, declare as follows: 1 I am a Defendant in the above-captioned action and an employee of Defendant Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik. Ihave personal knowledge of the facts set forth in this Declaration, and if called as a witness, could and would testify competently to such facts under oath. 2. I am a former employee of Plaintiff TRACE3 LLC (“Trace3”). I resigned from 10 Trace3 on April 16, 2023, and I continued to work for Trace3 up until my final day. I returned my 11 Trace3 work computer (along with a second non-functioning Trace3 laptop) on April 20, 2023, 12 using a shipping box and Federal Express label supplied by Trace3. 13 3 While I worked at Trace3, and before that at Groupware, I used a personal Dropbox 14 folder that was mirrored across my work computer, personal laptop, as well as a media desktop 15 machine that I primarily used to watch movies. Prior to returning my work computer, | deleted all 16 files from this Dropbox folder. The same files were therefore removed from my personal laptop. 17 (I am not aware if the files were removed from my media desktop because I have not turned on that 18 device since March 8, 2023, when it crashed due to a power outage.) 19 4 My use of Dropbox for work was well-known to my colleagues at Groupware and 20 Trace3. I used Dropbox as a supplement to the company’s Box account for two reasons: first, I had 21 begun using Dropbox shortly after I began working for Groupware in 2011, and years before the 22 company began using Box as the company’s cloud storage platform. Second, the interface for 23 Dropbox was better: the files stored there were mirrored to match the files on my desktop; Box, by 24 contrast, uses its own folder structure that is not as conducive to the fast pace at which I like to 25 work. 26 5 Although I cannot confirm the specific dates, Trace3 is correct that I had a personal 27 USB drive that I connected to my Trace3 laptop and that I used as a backup. I neglected to send 28 that device to Trace3 when I shipped my laptops and power cords back to the company on April DLA PER LLP( ) ALO LT0 WEST\302854780. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope 1D: 687982BA-2072-406B-AOFE-9C6A0201EF26 20, 2023. When I received a cease-and-desist letter from Trace3’s attorneys on April 21, 2023, I should have immediately shipped that USB drive to the company because, in addition to many personal files, it also contained Trace3 information. Instead, I destroyed it. To be clear, I did this entirely on my own and without providing prior notice to anyone at Sycomp. I do not have access to any of the files that were on that thumb drive and have not had access to them since April 21, 2023. I did not transfer or otherwise deliver or communicate any of the contents of that thumb drive to any other person at Sycomp, nor did I connect it to any other device, including my Sycomp- issued laptop. The materials formerly contained on that thumb drive were destroyed, although they should all still exist on Trace3’s network. 10 6. Ihave now done a thorough search of my home to see whether I might inadvertently 11 have retained any additional information belonging to Trace3. Except for the photographs 12 described in the next paragraph, I have not. I also did not transfer any Trace3 files, documents, or 13 information to anyone at Sycomp. 14 7 Finally, although I have not opened or viewed them since beginning work at 15 Sycomp, I believe that my iPhone may contain photographs I took during my work at Groupware 16 and Trace3. I occasionally] took photographs of customer installations and whiteboard 17 presentations during meetings, but generally I would not revisit them. I cannot quantify the number 18 of such images because, again, I have refrained from scrolling back to look at them since I began 19 working at Sycomp. 20 8 Attached as Exhibit 1 is a true and correct copy of my April 7, 2023, Offer of 21 Employment letter from Sycomp (redacted to exclude my compensation details and home address) 22 which I signed on April 14, 2020. I have complied with and I am in compliance with Section 5 of 23 this Offer of Employment, titled No Conflicting Obligations, with the understanding that the non- 24 competition and non-solicitation clauses with prior employers are unenforceable pursuant to 25 California law. 26 // 27 // 28 DLA PER LLP( ) ALO LT0 WEST\302854780. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: 687982BA-2072-406B-AOFE-9C6A0201EF26 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 18th day of May 2023, at Santa Cruz, California. DocuSigned by: Devin Tomei -ASGATTOOSASKAD! Devin To MCI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA PER LLP( ) ALO LT0 WEST\302854780. CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: 687982BA-2072-406B-AOFE-9C6A0201EF26 Exhibit DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 Sy CoM p a Delivering Technology Globally Devin Position Manager Manager Company At Compensation st a a an anniversary Commissions. commission a. not the target _— approval. will also be required to sign and comply with Sycomp’s Sycomp.com ] CO DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 SY CoM Delivering Technology Globally p resign or are base emplo all Company. 6. Benefits letter. Devin Friday 14 Sycomp.com ] CO DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 SY CoM Delivering Technology Globally p 925 864 6115 eu Bibyey ORITS, Alen § i FRECZ AF, DocuSigned by: Desi Tomcile = F CIOEREE 4/14/2023 | 11:55:45 AM PDT Manager Sycomp.com ] CO EXHIBIT C DocuSign Envelope ID: C85A6E2C-7A13-4D0B-92E8-45D8C516EA52 GLENN AGRE BERGMAN & FUENTES LLP Lyn R. Agre (SBN 178218) Edward E. Shapiro (SBN 326182) 44 Montgomery Street, Suite 2410 San Francisco, California 94104 Telephone: 332-233-5784 lagre@glennagre.com eshapiro@glennagre.com Attorneys for Defendant, Devin Tomcik SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 TRACE3, LLC, a California limited liability CASE NO. 23CV415833 11 company, SECOND DECLARATION OF DEVIN 12 TOMCIK Plaintiff, 13 Date: 5/22/2023 Vv. Time: 4:30 p.m. 14 Dept: 1 SYCOMP A TECHNOLOGY COMPANY, 15 INC., a California corporation; TIMOTHY Action Filed: May 12, 2023 CORDELL, an individual; LILIAN ELIAS, an 16 individual; GEOFF PETERSON, an individual; DEVIN TOMCIK, an individual; and DOES 1- 17 10, inclusive; 18 Defendants. 19 20 21 22 23 24 25 26 27 28 CASE NO. 23CV41583. SECOND DECLARATION OF DEVIN TOMCIK DocuSign Envelope ID: C85A6E2C-7A13-4D0B-92E8-45D8C516EA52 I, Devin Tomcik, declare as follows: 1 I submit this Second Declaration following the May 22, 2023 hearing on Trace3’s ex parte application to further address the thumb drive I destroyed on April 21, 2023. I have personal knowledge of the facts set forth in this Declaration, and if called as a witness, could and would testify competently to such facts under oath. 2. T understand the Court and the parties are reasonably concerned about my April 21, 2023 decision to destroy the thumb drive, after receiving a cease-and-desist letter from Trace3’s attorneys that day rather than sending it to Trace3. This was entirely without Sycomp’s knowledge. 3 What I failed to also mention in my prior declaration, so as not to make an excuse 10 for my actions, was that the Trace3 files I copied to the thumb drive should also exist on the media 11 server desktop computer I described in paragraph 3 of my prior declaration. As | stated there, I used 12 a personal Dropbox account to sync my work laptop, a personal laptop, and a desktop computer I 13 primarily used as a media server. The desktop computer crashed as a result of a power outage on 14 March 8, 2023. I took it in for repair and have not turned it on since I retrieved it on Friday, May 15 6, 2023. It is in a sealed box. All the files I copied to the thumb drive were also present on the 16 desktop computer when it crashed. I offer this not as an excuse for my actions, but to advise the 17 Court and all parties that the Trace3 data that was on the thumb drive in question still exists and 18 can be reviewed. To that end, I have no objection to submitting this device for forensic review by 19 a neutral vendor to identify and then remove any Trace3 files it may contain (or any alternative the 20 Court may order). 21 4 As further guidance for any forensic review, I offer the following information. 22 There are three categories of Trace3 work-related information that I remember transferring to the 23 thumb drive: (1) my Outlook.pst files, which I had created at the direction of Trace3’s IT team, 24 when I had reached the limit of my storage capacity; (2) “build documents” for my customers, all 25 of which I knew were in Trace3’s shared drive with Box; and (3) Excel files I had created for a 26 particular customer to keep track of switches and other parts that customer required. I also knew 27 that those spreadsheets were in Trace3’s possession because I had emailed them to everyone on my 28 team, including my supervisor, Jeremy Morris, and other team members who remain employed at CASE NO. 23CV41583. SECOND DECLARATION OF DEVIN TOMCIK DocuSign Envelope ID: C85A6E2C-7A13-4D0B-92E8-45D8C516EA52 Trace3. I sent those emails beginning in approximately February 2023, and continued to send them almost up until my last day at the company. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 23nd day of May 2023, at 10:00AM California. DocuSigned by: Devin Tomei “39417900 0: Devin Tomcik 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 23CV41583. SECOND DECLARATION OF DEVIN TOMCIK EXHIBIT D 23CV415833 Santa Clara — Civil RAJIV DHARNIDHARKA (Cal. Bar No. 234756) Electronically Filed rajiv.dharnidharka@dlapiper.com by Superior Court of CA, JEANETTE BARZELAY (Cal. Bar No. 261780) County of Santa Clara, jeanette.barzelay@us.dlapiper.com on 5/19/2023 7:04 AM MICAH A. CHAVIN (Cal. Bar No. 313634) Reviewed By: R. Walker micah.chavin@dlapiper.com Case #23CV415833 DLA PIPER LLP (US) Envelope: 12016391 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 Attorneys for Defendant, Sycomp A Technology Company SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CLARA 11 12 TRACE3, LLC, a California limited liability CASE NO. 23CV415833 13 company, DECLARATION OF GEOFF PETERSON 14 IN SUPPORT OF DEFENDANT SYCOMP Plaintiff, A TECHNOLOGY COMPANY’S 15 OPPOSITION TO PLAINTIFF TRACE 3, Vv. LLC’S EX PARTE APPLICATION FOR A 16 TEMPORARY RESTRAINING ORDER SYCOMP A TECHNOLOGY COMPANY, TO SHOW CAUSE REGARDING 17 INC., a California corporation; TIMOTHY PRELIMINARY INJUNCTION AGAINST] CORDELL, an individual; LILIAN ELIAS, an DEFENDANTS 18 individual; GEOFF PETERSON, an individual DEVIN TOMCIK, an individual; and DOES 1- Date: TBD 19 10, inclusive; Time: TBD Dept: 1 20 Defendants. Action Filed: May 12, 2023 21 22 23 24 25 26 27 28 DLA Pier LLP (US) PALO ALTO WEST\302854829.1 1 CASE NO. 23CV41583. DECLARATION OF GEOFF PETERSON ISO SYCOMP’S OPPOSITION TO TRACE3’S EX PARTE APPLICATION I, Geoff Peterson, declare as follows: 1 I am a Defendant in the above-captioned action and an employee of Defendant Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik. Ihave personal knowledge of the facts set forth in this Declaration, and if called as a witness, could and would testify competently to such facts under oath. 2. Iam a former employee of Plaintiff TRACE3 LLC (“Trace3”). I attempted to tender 10 my two weeks’ notice on April 17, 2023, but instead was informed by my supervisor that April 17 11 would likely be my final day; however, I did not receive confirmation that Trace3 had accepted my 12 resignation until the following day, April 18, 2023, at 4:26 p.m. Eastern. On April 21, 2023, I 13 returned to Trace3 my Trace3 laptops, business cards, company lanyards, paper files, and some 14 computer peripherals. On April 28, I returned to Trace3 the remaining Trace3 items I possessed, 15 including site tools, computer monitors, as well as an external hard drive and a few thumb drives 16 that contained Trace3 files. Before returning the external hard drive, I copied my personal files— 17 and only my personal files—onto my personal laptop. 18 3 In early 2019, as an employee of Groupware (later acquired by Trace3), I relocated 19 from California to Georgia. I was issued a new laptop from Groupware during this relocation. In 20 or around February or March