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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 MICAH A. CHAVIN
IN SUPPORT OF DEFENDANT SYCOMP
Plaintiff, A TECHNOLOGY COMPANY’S
OPPOSITION TO PLAINTIFF TRACE 3,
LLC’S OMNIBUS MOTION TO SEAL
SYCOMP A TECHNOLOGY COMPANY, Date: July 28, 2023
INC., a California corporation; TIMOTHY Time: 9:00 a.m.
CORDELL, an individual; LILIAN ELIAS, an Dept: 1
individual; GEOFF PETERSON, an individual;
DEVIN TOMCIK, an individual; and DOES 1- Action Filed: May 12, 2023
10, inclusive;
Defendants.
DLA I PER LLP (US)
CASE NO. 23CV415833
ALO L TO DECLARATION OF MICAH A. CHAVIN ISO SYCOMP’S OPPOSITION TO TRACE3’S OMNIBUS
MOTION TO SEAL
ACTIVE\1601463297.1
I, Micah A. Chavin, declare as follows:
I am an associate of DLA Piper LLP (US), counsel for Defendant Sycomp A
Technology Company, Inc. (“Sycomp”) in the above-captioned action. I submit this Declaration in
support of Sycomp’s Opposition to Plaintiff Trace3, LLC’s (“Trace3”) Omnibus Motion to File
Documents Under Seal (“Omnibus Motion to Seal”). 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.
On July 7, 2023, Trace3 filed its Motion to Modify Temporary Restraining Order
and Order Authorizing Expedited Discovery (“Motion to Modify TRO”). Also on July 7 at 8:31
pm, Lina Pearmain from the office of Davis Wright Tremaine LLP sent me a Dropbox link. She
sent a follow-up email with the password to the Dropbox link at 8:32 pm. I accessed the link and
downloaded a zip folder of Trace3’s Motion to Modify the TRO at 8:34 pm. I shared these
documents with my colleagues who, to my understanding, did not access the Dropbox link
themselves. It is my practice to download and save locally all documents from a Dropbox link sent
by opposing counsel the first time I access the link. My recollection is that I downloaded all the
documents in the Dropbox link sent by Ms. Pearmain.
I also received several auto-generated emails on July 7 from eservice@onelegal.com
and from no_reply@goecfx.com. These emails reflect Trace3’s e-service of documents through
OneLegal. I reviewed these emails at the time I received them and again on July 17 before drafting
this declaration. While I did receive OneLegal e-service on July 7 of Trace3’s Motion to Modify
the TRO, I did not receive e-service of any papers related to Trace3’s Omnibus Motion to Seal.
I did not become aware that Trace3 filed the Omnibus Motion to Seal until July 17,
2023. On July 17, I reviewed the Court’s online docket and saw that Trace3 filed the Omnibus
Motion to Seal on July 7. I immediately found Ms. Pearmain’s July 7 email with the Dropbox link
to the Motion to Modify TRO papers, but the link had expired.
Also on July 17, counsel for Sycomp and Trace3 exchanged emails related to service
of the Omnibus Motion to Seal. Attached hereto as Exhibit A is a true and correct copy of this
email exchange.
DLA I PER LLP (US)
ALO L TO
CASE NO. 23CV415833
DECLARATION OF MICAH A. CHAVIN ISO SYCOMP’S OPPOSITION TO TRACE3’S OMNIBUS
MOTION TO SEAL
ACTIVE\1601463297.1
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 17th day of July 2023, at Sacramento, California.
/s/ Micah A. Chavin
Micah A. Chavin
DLA I PER LLP (US)
ALO L TO
CASE NO. 23CV415833
DECLARATION OF MICAH A. CHAVIN ISO SYCOMP’S OPPOSITION TO TRACE3’S OMNIBUS
MOTION TO SEAL
ACTIVE\1601463297.1
EXHIBIT A
Blum, Debbie
From: Dharnidharka, Rajiv
Sent: Monday, July 17, 2023 12:58 PM
To: Merkelson, Jeremy; Gruber, Marina; Barzelay, Jeanette; Phillis, Nicole
Cc: Canner, Heather; Kolvek, Michael; Pearmain, Lina; Chavin, Micah; 'Lyn R. Agre'; Edward E.
Shapiro; Megan Reilly
Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
Jeremy:
Your misplaced rhetoric could be understandable had Sycomp taken the position that Trace3 could not correct the
problem. But that’s not what my team proposed. My team proposed that you actually serve the papers and then we
have one week to respond from service. If you are rejecting our proposal, so be it. We will then file the appropriate
opposition today noting the lack of service. Please confirm your final position.
Regards,
Rajiv
Rajiv Dharnidharka
Partner
T +1 650 833 2322
F +1 650 687 9322
M +1 408 206 0952
rajiv.dharnidharka@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
From: Merkelson, Jeremy
Sent: Monday, July 17, 2023 12:24 PM
To: Dharnidharka, Rajiv ; Gruber, Marina ; Barzelay,
Jeanette ; Phillis, Nicole
Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina
; Chavin, Micah ; 'Lyn R. Agre' ;
Edward E. Shapiro ; Megan Reilly
Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
EXTERNAL MESSAGE
Rajiv-
We will resend you the motion to seal (we will reactive the link and resend it to you). Your claim to not having received
a link with it is a false one. The filing has also been on the docket since July 7.
All of our motion to modify TRO papers were in the very same folder as the motion to seal. You somehow claim you
received the motion to modify TRO papers but not the other files in the very same folder accessible by the very same
link. We reviewed the Dropbox link we provided to you and saw that in fact all of those documents were in the folder
supplied to you. See attached folder structure. I am happy for you to file a statement to the Court stating that you were
never served these documents. It may be the case that your office didn’t pull them down, but if you claim that the
Dropbox link you were provided didn’t have them, that would be a false representation to the Court.
The delay on raising this purported service issue is particularly egregious. The caption pages of each document filed
with the motion to modify TRO refers to the motion and its supporting declarations being lodged under seal
conditionally. We can’t lodge materials with the court (which of course accepted this filing) without filing a separate
motion to seal. We filed a notice of lodging referring to the motion to seal which you also had for a period of 10
days. Strangely, knowing that a motion to seal had been filed because of these references (even if you claim you didn’t
receive it), you just decided not to raise this issue for 10 days and are now seeking delay. Sorry, but let’s be real: this is
completely nonsense. You need more time to respond to multiple motions, but instead of asking for it in advance and
working out a schedule with us to avoid prejudice to us, are claiming you weren’t served.
Jeremy
Jeremy Ben Merkelson, Partner | Davis Wright Tremaine LLP
1301 K Street NW, Suite 500 East | Washington, D.C. 20005
Tel: (202) 973-4260 | Cell: (917) 968-1453
Email: jeremymerkelson@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Chicago | Portland | San Francisco | Seattle | Washington, D.C.
From: Dharnidharka, Rajiv
Sent: Monday, July 17, 2023 2:55 PM
To: Merkelson, Jeremy ; Gruber, Marina ; Barzelay, Jeanette
Jeanette.Barzelay@us.dlapiper.com>; Phillis, Nicole
Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina
LinaPearmain@dwt.com>; Chavin, Micah ; 'Lyn R. Agre' ;
Edward E. Shapiro ; Megan Reilly
Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
[EXTERNAL]
Jeremy:
I stand corrected: we still do not have your papers. Please serve them. If you won’t give us a week to prepare the
opposition, we will file a one-page opposition today that says we were never served and thus the motion should be
denied.
Regards,
Rajiv
Rajiv Dharnidharka
Partner
T +1 650 833 2322
F +1 650 687 9322
M +1 408 206 0952
rajiv.dharnidharka@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
From: Merkelson, Jeremy
Sent: Monday, July 17, 2023 11:51 AM
To: Dharnidharka, Rajiv ; Gruber, Marina ; Barzelay,
Jeanette ; Phillis, Nicole
Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina
LinaPearmain@dwt.com>; Chavin, Micah ; 'Lyn R. Agre' ;
Edward E. Shapiro ; Megan Reilly
Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
EXTERNAL MESSAGE
Rajiv-
The motion to seal was supplied to you and we have the evidence it was in fact served upon you and all counsel of
record as my colleague Marina noted and attached in her email to you this afternoon. Your representation that you did
not receive our motion to seal some 10 days ago—on the 7th of July-- is belied by your own partner’s statement that she
“understands” this to be the case but doesn’t actually represent it was herself. Your email below that “now you have
the papers” is false because the link itself has expired and was never reupdated, which means that you did in fact have
these papers all along unless you somehow received them through an act of providence. I am extremely concerned
about your candor with me and with my fellow counsel in this case and I frankly am shocked at your email.
You notably never raised this claim as to lack of service as to any of the other papers that were served in the very same
Dropbox link that we have evidence showing was actually supplied to you on July 7th. We gave you 10 days to respond
to our motion. For some reason, you waited until the very day your brief in opposition was due to assert purported lack
of service. We do not agree to give you an additional week to respond to the motion to seal. We are willing to give you
one an extra day to respond as a professional courtesy because I believe you may be swamped by these motions. We of
course need to have sufficient time to review your opposition and still prepare a reply that gives the Court enough time
to review these papers before the hearing on the 28th. Giving you a full week as requested prejudices us severely and
makes it impossible for us or the Court to be adequately prepared for the hearing.
Jeremy
Jeremy Ben Merkelson, Partner | Davis Wright Tremaine LLP
1301 K Street NW, Suite 500 East | Washington, D.C. 20005
Tel: (202) 973-4260 | Cell: (917) 968-1453
Email: jeremymerkelson@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Chicago | Portland | San Francisco | Seattle | Washington, D.C.
From: Dharnidharka, Rajiv
Sent: Monday, July 17, 2023 2:38 PM
To: Gruber, Marina ; Barzelay, Jeanette ; Phillis, Nicole
NicolePhillis@dwt.com>; Merkelson, Jeremy
Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina
LinaPearmain@dwt.com>; Chavin, Micah ; 'Lyn R. Agre' ;
Edward E. Shapiro ; Megan Reilly
Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
[EXTERNAL]
Marina: There were no motion to seal papers in the July 7 files with the Dropbox link.
Counsel: Now that we have the motion to seal papers, we will overlook your failure to timely serve them if you agree
our opposition is due next Monday, July 24.
Regards,
Rajiv
Rajiv Dharnidharka
Partner
T +1 650 833 2322
F +1 650 687 9322
M +1 408 206 0952
rajiv.dharnidharka@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
From: Gruber, Marina
Sent: Monday, July 17, 2023 11:34 AM
To: Barzelay, Jeanette ; Phillis, Nicole ; Merkelson,
Jeremy
Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina
LinaPearmain@dwt.com>; Dharnidharka, Rajiv ; Chavin, Micah
Micah.Chavin@us.dlapiper.com>; 'Lyn R. Agre' ; Edward E. Shapiro
eshapiro@glennagre.com>; Megan Reilly
Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
EXTERNAL MESSAGE
Hello Jeanette,
The Motion to File Under Seal was served on Friday, July 7 and an email with the Dropbox link containing the documents
was sent at 8:31 PM. I am attaching that email now.
A second email with the log in password was sent at 8:32 PM.
Please let me know if you have further questions.
Marina
Marina Gruber | Davis Wright Tremaine LLP
50 California Street, 23rd Floor | San Francisco, CA 94111
Tel: (415) 276-6549 | Fax: (415) 276-6599
Email: marinagruber@dwt.com | Website: www.dwt.com
From: Barzelay, Jeanette
Sent: Monday, July 17, 2023 10:36 AM
To: Phillis, Nicole ; Merkelson, Jeremy
Cc: Canner, Heather ; Kolvek, Michael ; Gruber, Marina
MarinaGruber@dwt.com>; Pearmain, Lina ; Dharnidharka, Rajiv
Rajiv.Dharnidharka@us.dlapiper.com>; Chavin, Micah ; 'Lyn R. Agre'
lagre@glennagre.com>; Edward E. Shapiro ; Megan Reilly
Subject: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal
[EXTERNAL]
Counsel,
As we are preparing our opposition papers for filing today, it has come to our attention that we were never served with
Trace3’s Motion to File Documents under Seal and supporting papers. When do you plan to serve those documents on
Defendants?
Thank you,
Jeanette
Jeanette Barzelay
Partner
T +1 415 836 2567
F +1 415 659 7317
M +1 415 509 5850
jeanette.barzelay@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
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The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
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The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
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Preview
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 MICAH A. CHAVIN IN SUPPORT OF DEFENDANT SYCOMP Plaintiff, A TECHNOLOGY COMPANY’S OPPOSITION TO PLAINTIFF TRACE 3, LLC’S OMNIBUS MOTION TO SEAL SYCOMP A TECHNOLOGY COMPANY, Date: July 28, 2023 INC., a California corporation; TIMOTHY Time: 9:00 a.m. CORDELL, an individual; LILIAN ELIAS, an Dept: 1 individual; GEOFF PETERSON, an individual; DEVIN TOMCIK, an individual; and DOES 1- Action Filed: May 12, 2023 10, inclusive; Defendants. DLA I PER LLP (US) CASE NO. 23CV415833 ALO L TO DECLARATION OF MICAH A. CHAVIN ISO SYCOMP’S OPPOSITION TO TRACE3’S OMNIBUS MOTION TO SEAL ACTIVE\1601463297.1 I, Micah A. Chavin, declare as follows: I am an associate of DLA Piper LLP (US), counsel for Defendant Sycomp A Technology Company, Inc. (“Sycomp”) in the above-captioned action. I submit this Declaration in support of Sycomp’s Opposition to Plaintiff Trace3, LLC’s (“Trace3”) Omnibus Motion to File Documents Under Seal (“Omnibus Motion to Seal”). 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. On July 7, 2023, Trace3 filed its Motion to Modify Temporary Restraining Order and Order Authorizing Expedited Discovery (“Motion to Modify TRO”). Also on July 7 at 8:31 pm, Lina Pearmain from the office of Davis Wright Tremaine LLP sent me a Dropbox link. She sent a follow-up email with the password to the Dropbox link at 8:32 pm. I accessed the link and downloaded a zip folder of Trace3’s Motion to Modify the TRO at 8:34 pm. I shared these documents with my colleagues who, to my understanding, did not access the Dropbox link themselves. It is my practice to download and save locally all documents from a Dropbox link sent by opposing counsel the first time I access the link. My recollection is that I downloaded all the documents in the Dropbox link sent by Ms. Pearmain. I also received several auto-generated emails on July 7 from eservice@onelegal.com and from no_reply@goecfx.com. These emails reflect Trace3’s e-service of documents through OneLegal. I reviewed these emails at the time I received them and again on July 17 before drafting this declaration. While I did receive OneLegal e-service on July 7 of Trace3’s Motion to Modify the TRO, I did not receive e-service of any papers related to Trace3’s Omnibus Motion to Seal. I did not become aware that Trace3 filed the Omnibus Motion to Seal until July 17, 2023. On July 17, I reviewed the Court’s online docket and saw that Trace3 filed the Omnibus Motion to Seal on July 7. I immediately found Ms. Pearmain’s July 7 email with the Dropbox link to the Motion to Modify TRO papers, but the link had expired. Also on July 17, counsel for Sycomp and Trace3 exchanged emails related to service of the Omnibus Motion to Seal. Attached hereto as Exhibit A is a true and correct copy of this email exchange. DLA I PER LLP (US) ALO L TO CASE NO. 23CV415833 DECLARATION OF MICAH A. CHAVIN ISO SYCOMP’S OPPOSITION TO TRACE3’S OMNIBUS MOTION TO SEAL ACTIVE\1601463297.1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17th day of July 2023, at Sacramento, California. /s/ Micah A. Chavin Micah A. Chavin DLA I PER LLP (US) ALO L TO CASE NO. 23CV415833 DECLARATION OF MICAH A. CHAVIN ISO SYCOMP’S OPPOSITION TO TRACE3’S OMNIBUS MOTION TO SEAL ACTIVE\1601463297.1 EXHIBIT A Blum, Debbie From: Dharnidharka, Rajiv Sent: Monday, July 17, 2023 12:58 PM To: Merkelson, Jeremy; Gruber, Marina; Barzelay, Jeanette; Phillis, Nicole Cc: Canner, Heather; Kolvek, Michael; Pearmain, Lina; Chavin, Micah; 'Lyn R. Agre'; Edward E. Shapiro; Megan Reilly Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal Jeremy: Your misplaced rhetoric could be understandable had Sycomp taken the position that Trace3 could not correct the problem. But that’s not what my team proposed. My team proposed that you actually serve the papers and then we have one week to respond from service. If you are rejecting our proposal, so be it. We will then file the appropriate opposition today noting the lack of service. Please confirm your final position. Regards, Rajiv Rajiv Dharnidharka Partner T +1 650 833 2322 F +1 650 687 9322 M +1 408 206 0952 rajiv.dharnidharka@us.dlapiper.com DLA Piper LLP (US) dlapiper.com From: Merkelson, Jeremy Sent: Monday, July 17, 2023 12:24 PM To: Dharnidharka, Rajiv ; Gruber, Marina ; Barzelay, Jeanette ; Phillis, Nicole Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina ; Chavin, Micah ; 'Lyn R. Agre' ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal EXTERNAL MESSAGE Rajiv- We will resend you the motion to seal (we will reactive the link and resend it to you). Your claim to not having received a link with it is a false one. The filing has also been on the docket since July 7. All of our motion to modify TRO papers were in the very same folder as the motion to seal. You somehow claim you received the motion to modify TRO papers but not the other files in the very same folder accessible by the very same link. We reviewed the Dropbox link we provided to you and saw that in fact all of those documents were in the folder supplied to you. See attached folder structure. I am happy for you to file a statement to the Court stating that you were never served these documents. It may be the case that your office didn’t pull them down, but if you claim that the Dropbox link you were provided didn’t have them, that would be a false representation to the Court. The delay on raising this purported service issue is particularly egregious. The caption pages of each document filed with the motion to modify TRO refers to the motion and its supporting declarations being lodged under seal conditionally. We can’t lodge materials with the court (which of course accepted this filing) without filing a separate motion to seal. We filed a notice of lodging referring to the motion to seal which you also had for a period of 10 days. Strangely, knowing that a motion to seal had been filed because of these references (even if you claim you didn’t receive it), you just decided not to raise this issue for 10 days and are now seeking delay. Sorry, but let’s be real: this is completely nonsense. You need more time to respond to multiple motions, but instead of asking for it in advance and working out a schedule with us to avoid prejudice to us, are claiming you weren’t served. Jeremy Jeremy Ben Merkelson, Partner | Davis Wright Tremaine LLP 1301 K Street NW, Suite 500 East | Washington, D.C. 20005 Tel: (202) 973-4260 | Cell: (917) 968-1453 Email: jeremymerkelson@dwt.com | Website: www.dwt.com Anchorage | Bellevue | Los Angeles | New York | Chicago | Portland | San Francisco | Seattle | Washington, D.C. From: Dharnidharka, Rajiv Sent: Monday, July 17, 2023 2:55 PM To: Merkelson, Jeremy ; Gruber, Marina ; Barzelay, Jeanette Jeanette.Barzelay@us.dlapiper.com>; Phillis, Nicole Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina LinaPearmain@dwt.com>; Chavin, Micah ; 'Lyn R. Agre' ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal [EXTERNAL] Jeremy: I stand corrected: we still do not have your papers. Please serve them. If you won’t give us a week to prepare the opposition, we will file a one-page opposition today that says we were never served and thus the motion should be denied. Regards, Rajiv Rajiv Dharnidharka Partner T +1 650 833 2322 F +1 650 687 9322 M +1 408 206 0952 rajiv.dharnidharka@us.dlapiper.com DLA Piper LLP (US) dlapiper.com From: Merkelson, Jeremy Sent: Monday, July 17, 2023 11:51 AM To: Dharnidharka, Rajiv ; Gruber, Marina ; Barzelay, Jeanette ; Phillis, Nicole Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina LinaPearmain@dwt.com>; Chavin, Micah ; 'Lyn R. Agre' ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal EXTERNAL MESSAGE Rajiv- The motion to seal was supplied to you and we have the evidence it was in fact served upon you and all counsel of record as my colleague Marina noted and attached in her email to you this afternoon. Your representation that you did not receive our motion to seal some 10 days ago—on the 7th of July-- is belied by your own partner’s statement that she “understands” this to be the case but doesn’t actually represent it was herself. Your email below that “now you have the papers” is false because the link itself has expired and was never reupdated, which means that you did in fact have these papers all along unless you somehow received them through an act of providence. I am extremely concerned about your candor with me and with my fellow counsel in this case and I frankly am shocked at your email. You notably never raised this claim as to lack of service as to any of the other papers that were served in the very same Dropbox link that we have evidence showing was actually supplied to you on July 7th. We gave you 10 days to respond to our motion. For some reason, you waited until the very day your brief in opposition was due to assert purported lack of service. We do not agree to give you an additional week to respond to the motion to seal. We are willing to give you one an extra day to respond as a professional courtesy because I believe you may be swamped by these motions. We of course need to have sufficient time to review your opposition and still prepare a reply that gives the Court enough time to review these papers before the hearing on the 28th. Giving you a full week as requested prejudices us severely and makes it impossible for us or the Court to be adequately prepared for the hearing. Jeremy Jeremy Ben Merkelson, Partner | Davis Wright Tremaine LLP 1301 K Street NW, Suite 500 East | Washington, D.C. 20005 Tel: (202) 973-4260 | Cell: (917) 968-1453 Email: jeremymerkelson@dwt.com | Website: www.dwt.com Anchorage | Bellevue | Los Angeles | New York | Chicago | Portland | San Francisco | Seattle | Washington, D.C. From: Dharnidharka, Rajiv Sent: Monday, July 17, 2023 2:38 PM To: Gruber, Marina ; Barzelay, Jeanette ; Phillis, Nicole NicolePhillis@dwt.com>; Merkelson, Jeremy Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina LinaPearmain@dwt.com>; Chavin, Micah ; 'Lyn R. Agre' ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal [EXTERNAL] Marina: There were no motion to seal papers in the July 7 files with the Dropbox link. Counsel: Now that we have the motion to seal papers, we will overlook your failure to timely serve them if you agree our opposition is due next Monday, July 24. Regards, Rajiv Rajiv Dharnidharka Partner T +1 650 833 2322 F +1 650 687 9322 M +1 408 206 0952 rajiv.dharnidharka@us.dlapiper.com DLA Piper LLP (US) dlapiper.com From: Gruber, Marina Sent: Monday, July 17, 2023 11:34 AM To: Barzelay, Jeanette ; Phillis, Nicole ; Merkelson, Jeremy Cc: Canner, Heather ; Kolvek, Michael ; Pearmain, Lina LinaPearmain@dwt.com>; Dharnidharka, Rajiv ; Chavin, Micah Micah.Chavin@us.dlapiper.com>; 'Lyn R. Agre' ; Edward E. Shapiro eshapiro@glennagre.com>; Megan Reilly Subject: RE: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal EXTERNAL MESSAGE Hello Jeanette, The Motion to File Under Seal was served on Friday, July 7 and an email with the Dropbox link containing the documents was sent at 8:31 PM. I am attaching that email now. A second email with the log in password was sent at 8:32 PM. Please let me know if you have further questions. Marina Marina Gruber | Davis Wright Tremaine LLP 50 California Street, 23rd Floor | San Francisco, CA 94111 Tel: (415) 276-6549 | Fax: (415) 276-6599 Email: marinagruber@dwt.com | Website: www.dwt.com From: Barzelay, Jeanette Sent: Monday, July 17, 2023 10:36 AM To: Phillis, Nicole ; Merkelson, Jeremy Cc: Canner, Heather ; Kolvek, Michael ; Gruber, Marina MarinaGruber@dwt.com>; Pearmain, Lina ; Dharnidharka, Rajiv Rajiv.Dharnidharka@us.dlapiper.com>; Chavin, Micah ; 'Lyn R. Agre' lagre@glennagre.com>; Edward E. Shapiro ; Megan Reilly Subject: Trace3 v. Sycomp - Service of Trace3's Motion to File under Seal [EXTERNAL] Counsel, As we are preparing our opposition papers for filing today, it has come to our attention that we were never served with Trace3’s Motion to File Documents under Seal and supporting papers. When do you plan to serve those documents on Defendants? Thank you, Jeanette Jeanette Barzelay Partner T +1 415 836 2567 F +1 415 659 7317 M +1 415 509 5850 jeanette.barzelay@us.dlapiper.com DLA Piper LLP (US) dlapiper.com The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you.