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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
MARINA GRUBER (State Bar No. 271542)
Mar com.
DAVIS WRIGHT TREMAINE LLP
50 Califomia Street, 23rd Floor
San Francisco, CA 94111
Telephone: (415) 276-6500
Fax: (415) 276-6599
Attomeys for Plaintiff TRACE3, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA.
TRACES, LLC, a Califomia limited liability Case No. 23CV 415833
company, Assignedto Hon. Sunil R. Kulkami
Plaintiff, R. Ct. 2.550, 2.551; STIPULATED
PROTECTIVE ORDER { 12.3(a)
[EXHIBITSH & J SLIPSHEETED;
SYCOMP A TECHNOLOGY COMPANY, LODGED CONDITIONALLY]
INC., a Califomia corporation; TIMOTHY
CORDELL, an individual; LILIAN ELIAS, an REDACTED - PUBLICLY FILED -
individual; GEOFFREY PETERSON, an SUPPLEMENTAL DECLARATION
individual; DEVIN TOMCIK, an individual; OF NICOLE S. PHILLIS INSUPPORT
and DOES 1-10, inclusive, OF PLAINTIFF TRACE3, LLC’S
REPLY INSUPPORT OF
Defendants. SUPPLEMENTAL JOINT STATUS
REPORT RE SPOUSAL PRIVILEGE
OBJECTIONS
[Reply brief filed concurrently]
Date: September 19, 2023
Action Filed: May 12, 2023
REDACTED - PUBLICLY FILED (CRC 2.551); SPO { 12.3(a))
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS
DECLARATION OF NICOLE S. PHILLIS
I, Nicole S. Phillis, declare:
I amanattomey at law, duly licensedto practice before all of the Courts in the
State of Califomia and I am an attomey of record for Plaintiff Trace3, LLC (“Trace3”) in this
matter. I have personal knowledge
of all facts stated herein, except where stated otherwise, and.
if called
as a witness, I could and would competently testify to the following facts of my own.
personal knowledge, or as indicated, upon information and belief.
This supplemental declaration is submitted in connection with Trace3’s Reply in
Support of Supplemental Joint Status Report Re: Spousal Privilege Objections.
Attached as Exhibit G is a true and correct copy of a screenshot of the logged-in
devices, which also appearsto reflect “Most recent activity” in the right most column. This
appearsto show that no iPhone accessed
the Dropbox account
for over a year.
Attached as Exhibit H is a true and correct copy of a Sycomp-branded
quote for
HR ciated April 11, 2023 with Tim Cordell identified as the account executive, and
with a Sycomp email address. As of April 11, 2023, Mr. Cordell was actually still employedby
Trace3. Because
Sycomp designated this document
as highly confidential/AEO, Trace3
I toR. Ct. 2. 2.551 Because
this exhibit is
being subniitted in comection
with discovery proceedings, Trace3 lodges it confidentially
with the Court pursuant to Paragraph 12.3(a) of the Stipulated Protective Order.
Attached
as Exhibit I is a true and correct
copy of the calendar
invite showing
Mr. Cordell (while still at Trace3) and Mr. Bames (Sycomp) met for nearly three hours on April
12, 2023, which was produced at TRACE30023726. Mr. Bames joined that meeting for
approximately 3 hours, between 10:19 am PT (5:19 PM UTC) and 1:28 pm PT (8:28 PM PT).
Mr. Cordell joined that meeting also for approximately
4 hours, between 10:22 am PT (5:22 pm
UTC) and 2:56
pm PT (9:56
pm UTC).
Attached as Exhibit J is a true and correct copy of SY COMP 16027-16031,
which shows that Mr. Bames enniled with two quotesat 10:37 amon Apnil 12,
2023, while Mr. Bames was in a digital meeting
with Mr. Cordell (who
was still employedat
UNDER SEAL (CRC 2.551@); SPO { 12.
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS
Trace3). Because Sycomp designated this document as highly confidential/AEO, Trace3
lodges it conditionally
under seal pursuant to R. Ct. 2.550, 2.551._ Because
this exhibit is
being subniitted in comection
with discovery proceedings, Trace3 lodges it confidentially
with the Court pursuant to Paragraph 12.3(a) of the Stipulated Protective Order.
7. Trace3 has uncovered
no other emails showing Ms. Thompson manually pulling
and sending PowerBI reports to Mr. Cordell priorto April 11, 2023.
8. On September 6, 2023, Mr. Cordell bought a $22,000 women’s Rolex watch,
copying his Trace3 email address, which occurred
just weeks after Ms. Thompson’
s testimony in
this case.
10 9. Before Trace3 filed JSR on August 28, 2023, its objectives were (1) to confer with
11 opposing counsel regarding
the evidence it had developed
in expedited discovery to support
12 Trace3’s invocation of the crime-fraud exception and/or other grounds on which to ovemule Ms.
13} Thompson’s spousal privilege objections; and (2) to present a record of that evidence to the
14] Court. Trace3’s objectives were based specifically on the Court’ s direction at the August 7, 2023
15) IDC to attempt to develop further evidence from the parties to this action to resolve the dispute or
16 provide an evidentiary basis on which this Court could apply the crime-fraud exception under
17 Evidence Code § 980.
18 10. Attached as Exhibit K is a true and correct copy of Trace3’s conferral
19} correspondence with Mr. Sorensen, dated August 28-29, 2023.
20 11. Trace3’s counsel attemptedto contact Mr. Sorensen repeatedly about
this matter
21 on August 28, to which he responded: “I’m unfortunately in back to back meetings all day.”
Given this, counsel for the parties were unable to fully meet and confer but Ms. Thompson’ s
counsel authorized the filing of the JSR and Trace3 filedit on August 28 with the insert that Mr.
24 Sorensen
had requested.
25 12. On August 29, 2023, only after the Court ordered further briefing on the matter,
26 Ms. Thompson’ s counsel then shared with Trace3 that he had suffered a serious family
27 emergency, which he had not shared previously with Trace3 and which had further limited his
availability to meet and confer and revise the JSR.
UNDER SEAL (CRC 2.551@); SPO { 12.
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS
13. Trace3 attempted to negotiate a briefing schedule with both Ms. Thompson and.
Mr. Cordell regarding
the motion to compel proposed
in the supplemental brief, but both counsel
for both Ms. Thompson and Mr. Cordell declined to stipulate to any such motion or briefing
schedule. Attached
as Exhibit L is a true and correct
copy of that correspondence.
I declare under penalty of perjury under the laws of the State of Califomia
that the foregoing
is true and correct.
Executed September 19, 708 estos Sipe ZL A Ms
Nicole S. Phillis
10
11
12
13}
14]
15)
16
17
18
19}
20
21
24
25
26
27
UNDER SEAL (CRC 2.551@); SPO { 12.
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS
EXHIBIT G
EB security Sropbox x + v = a a
€ ¢ @ dropbox.com/account/security ex Oo : (Update
23 Dropbox Q Search BR @ view upgrade options
Home Personal account
~ All files General Plan Billing Security Notifications Apps Branding Refer a friend Sharing
70th Downloads
20128 Corsinas 16th
audit Folder Devices
AZ ‘These devices are linkedto ur persona’ box a 0
Bank Statements
camera upleacs Device name Location Most recent activity
Celigo
Cordell 2028 BAckuo i
Cordall Backup Windows Device Florence, Arizona about 4 months ago oO ee if
Groupware 2014 Annual
katelvn + Murray
Kitchen Pies Ed tcordell-490 Florence, Arizona about 4 months ago
Photos O Stacy's iPhone Sun City, Arizona about ayear ago ©
Signatures
Shared 1 ihone Phoenix, Arizona about 2 years ago oO
File requests
Wg sTHOMPS-cw-LT San Jose, California about 2 years ago oO
Deleted files
EE STACY-GW-DT2 San Jose, California about 4 years ago oO
STHOMPSON-GW-LT San Jose, California about 7 years ago @
Paper mobile devices Unlink
Unlinkall oF your mob ram
Privacy and legal
0 try Py ou
EXHIBIT H
FILED UNDER SEAL R. Ct. 2.550, 2.551; STIPULATED
PROTECTIVE ORDER 12.3(a)
EXHIBIT I
Appointment.
From: John Barnes [jbarnes@sycomp.com]
Sent: 4/13/2023 6:10:50 AM
To: John Barnes [jbarnes@sycomp.com]; Tim Cordell [/o=ExchangeLabs/ou=Exchange Administrative Group
(FYDIBOHF 23SPDLT)/cn=Recipients/cn=6197 1fc87a204c3d9784852d1c94392c-Tim Cordell]
Subject: Meeting (ScheduledMeeting)/Thread Id:
19:meeting_MDc4NjZmMWYtNzhjOSOOMzIzLWJIOTctZDIxMWI3MjZkMDNj@thread.v2/Communication Id:
7f005c1c-f86c-450e-b04f-5a11981cc9c9/John Barnes,Tim Cordell
Start: 4/12/2023 5:19:51 PM
End: 4/12/2023 9:56:04 PM
Show Time As: Busy
Recurrence: (none)
Start Time (UTC): 4/12/2023 5:19:51 PM
End Time (UTC): 4/12/2023 9:56:04 PM
Duration: 04:36:13 .0791033
[4/12/2023 5:19:51 PM (UTC)] jbarnes@sycomp.com joined.
[4/12/2023 8:28:56 PM (uTC)] jbarnes@sycomp.com left.
[4/12/2023 5:22:16 PM (UTC)] Tim.cordel1@trace3.com joined
[4/12/2023 9:56:04 PM (UTC) ] Tim.cordell@trace3.com left.
TRACE3 0023726
EXHIBIT J
FILED UNDER SEAL R. Ct. 2.550, 2.551; STIPULATED
PROTECTIVE ORDER 12.3(a)
EXHIBIT K
Phillis, Nicole
From: Rod Sorensen
Sent: Tuesday, August 29, 2023 9:02 PM
To: Phillis, Nicole
Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre; Edward E. Shapiro; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
[EXTERNAL]
Nicole,
You have quite the nerve to suggest that | am somehow at fault for not explaining that my meetings on
Monday involved me meeting with my mother’s doctors and my family. My mother taught me the value of
humility, and the value of an unqualified, sincere apology. It is unfortunate you were not taught the same.
There is no need for you to send further emails on this topic. Trust me, you have said enough.
Rod Sorensen
3LG
SORENSEN LAW GROUP, P.C.
303 TWIN DOLPHIN Drive, SUITE 600
ReOwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
Ss 01 rensenLawGroup.com
From: Phillis, Nicole
Sent: Tuesday, August 29, 2023 7:50 PM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R.
Agre ; Edward E. Shapiro ; Megan Reilly
Subject: Re: Trace3/Sycomp - Joint Status Report
Rod,
First and foremost, | am very sorry to hear about this. You had not shared that information on Monday, but if you had,
of course | would have offered to extend the deadline, without hesitation. To be clear, all | knew on Monday was what
you told me, which was: “I’m unfortunately in back to back meetings all day.”
In any event, | am trying to communicate that | am willing to try to work with you and to confer with Ms. Thompson’s
position in light of our brief. That door remains open.
Nicole
Nicole S. Phillis | Davis Wright Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C.
On Aug 29, 2023, at 7:32 PM, Rod Sorensen wrote:
[EXTERNAL]
Nicole,
The one constant through this litigation has been your lack of professionalism, which is to put it
mildly. In your most recent email below you claim that on Monday 1 made [my]self completely
unavailable that entire day, “when you attempted to jam me up with a joint submission that
that could have been completed the prior week. On Monday | had previously scheduled work
meetings, and | was involving with assisting my elderly mother who suffered a stroke on
Saturday and remained in the hospital on Monday. Perhaps in your world assisting an elderly
mother who suffered a stroke represents “making yourself completely unavailable.” But not in
mine.
Stay classy, Nicole.
Rod Sorensen
SORENSEN LAW GROUP, P.C
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Tuesday, August 29, 2023 7:13 PM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro
; Megan Reilly
Subject: Re: Trace3/Sycomp - Joint Status Report
Rod,
We disagree with your contentions below.
We both knew that we had a status report due 8/28, but you made yourself completely unavailable that
entire day and provided only two sentences for the status report. | specifically asked to speak with you
by phone on the morning of 8/28 to discuss these issues. Moreover, | was in a hearing 8/22 and
depositions 8/23 and 8/25. Further, at the prior IDC we (specifically, Trace3, with direction from the
Court) discussed the benefits of developing a further record on which the Court could consider whether
crime-fraud applies, which is what we did.
To be clear, we remain ready, willing, and able to meet and confer as the Court directed if you can find
any availability in your schedule. | think it would behoove us to make that effort.
Please let me know if you want to do so.
Nicole
Nicole S. Phillis | Davis Wright Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C.
On Aug 29, 2023, at 7:02 PM, Rod Sorensen
wrote:
[EXTERNAL]
Nicole,
Like the Court, | expected Trace3 to engage in meet confer efforts following the
IDC, which it did not do. | also understood that the update requested by the
Court following the IDC did not contemplate Trace3 submitting a brief, which
was certainly a curious move. As a result of how Trace3 has chosen to handle
this, at this time Stacy must focus on submitting her brief per the expedited
briefing schedule.
Rod Sorensen
SORENSEN LAW GROUP, P.C
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Tuesday, August 29, 2023 6:17 PM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E.
Shapiro ; Megan Reilly
Subject: Re: Trace3/Sycomp - Joint Status Report
Rod,
Understood - if there is any way we can reach common ground or even narrow the
issues, | am happy to chat.
We do not want to overburden the Court with these disputes and remain willing to try
to work together to resolve these objections before Ms. Thompson’s continued
deposition. For example, would Ms. Thompson be open to being deposed on limited
scope subject matter with an agreement that such testimony would not constitute more
generalized waiver? This of course is just one way that we may be able to narrow the
issues before the court, but | remain open to considering others too.
Please let me know.
Nicole
Nicole S. Phillis | Davis Wright Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
On Aug 29, 2023, at 6:09 PM, Rod Sorensen
wrote:
[EXTERNAL]
Nicole,
In light of the court’s order, it appears we’ve moved past the
meet and confer stage.
Best,
Rod Sorensen
SORENSEN LAW GROUP, P.C.
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Tuesday, August 29, 2023 3:54 PM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com;
Lyn R. Agre ; Edward E. Shapiro
; Megan Reilly
Subject: Re: Trace3/Sycomp - Joint Status Report
Thanks, Rod.
| understand the court directed some briefing but we remain open to
meeting and conferring this week, if you think that would be productive.
Please let me know.
Nicole
Nicole S. Phillis | Davis Wright Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel; (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Portland | San
Francisco | Seattle | Washington, D.C.
On Aug 29, 2023, at 1:33 PM, Rod Sorensen
wrote:
[EXTERNAL]
Nicole,
You are correct, you were authorized to add my
signature. | saw that you ultimately did not, which
is certainly fine. Thank you for submitting our
portion.
Please let me know if you would like to meet and
confer on this issue further at this time. I’m
inclined to first wait to hear from the court.
Thanks,
Rod Sorensen
SORENSEN LAW GROUP, P.C.
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Monday, August 28, 2023 2:08 PM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
Hi Rod,
In light of the correspondence below (and to avoid
having my assistant work late tonight), we’re going to
start finalizing the papers. Based on your request that |
include the insert below in the brief, | assume | am
authorized to add your /s/ signature.
Could you please advise ASAP if that is not the case?
Nicole
Nicole S. Phillis (she/her/hers) | Davis Wright
Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
Visit our resource center for updates and virtual events
regarding COVID-19 and the CARES Act at
www.dwt.com/COVID-1
From: Rod Sorensen
Sent: Monday, August 28, 2023 12:08 PM
To: Phillis, Nicole
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
[EXTERNAL]
Nicole,
My apologies for calling you by your last name,
which | completely misspelled. This is what
happens when | try to respond to emails while on
the phone. | don’t anticipate being able to respond
to any further emails until this evening, at the
earliest.
Rod Sorensen
SORENSEN LAW GROUP, P.C.
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Monday, August 28, 2023 12:05 PM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
Rod,
Understood — | will still endeavor to get you what we
have by 1 PM.
Nicole
Nicole S. Phillis (she/her/hers) | Davis Wright
Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
Visit our resource center for updates and virtual events
regarding COVID-19 and the CARES Act at
www.dwt.com/COVID-1:
From: Rod Sorensen
Sent: Monday, August 28, 2023 12:03 PM
To: Phillis, Nicole
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
[EXTERNAL]
Phyliss,
| will not have the opportunity to properly
responds to Trace3’s latest claims, whatever they
may be. Per the emails below, it will be a
simultaneous exchange and the insert | provided
below will be the insert you should include.
Best,
Rod Sorensen
SORENSEN LAW GROUP, P.C
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Monday, August 28, 2023 11:33 AM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
Understood. Please be advised that we have developed
additional record evidence of crime-fraud, which we
plan to present to the report in the JSR. If you have any
availability this afternoon, I’m happy to confer or these
issues.
Nicole S. Phillis (she/her/hers) | Davis Wright
Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
Visit our resource center for updates and virtual events
regarding COVID-19 and the CARES Act at
www.dwt.com/COVID-1
From: Rod Sorensen
Sent: Monday, August 28, 2023 11:31 AM
To: Phillis, Nicole
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
[EXTERNAL]
Nicole,
I’m unfortunately in back to back meetings all
day. Please send me an email and I'll respond
when I’m able.
Thanks,
Rod Sorensen
SORENSEN LAW GROUP, P.C
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Monday, August 28, 2023 11:26 AM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
Hi Rod,
Can | give you a quick call? Is the number below the
best number to reach you?
Nicole
Nicole S. Phillis (she/her/hers) | Davis Wright
Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
Visit our resource center for updates and virtual events
regarding COVID-19 and the CARES Act at
www.dwt.com/COVID-1
From: Rod Sorensen
Sent: Monday, August 28, 2023 11:24 AM
To: Phillis, Nicole
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
10
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
[EXTERNAL]
Nicole,
Understood. Below is Stacy’s insert, with the
understanding that it will be a simultaneous
exchange.
The parties participated in an informal discovery
conference on August 7, 2023 to address Trace3’s
contention that Stacy Thompson is precluded from
asserting the spousal communication privilege in a
second deposition of Thompson sought by
Trace3. Following that conference Trace3 ceased it
efforts to depose Thompson for a second time and
has not conferred with Thompson regarding a
second deposition.
Rod Sorensen
SORENSEN LAW GROUP, P.C
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Monday, August 28, 2023 11:15 AM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
Hi Rod,
We will endeavor to get you our section as quickly as
possible, but we had anticipated a contemporaneous
exchange. Please note, we need your section by 5 PM
11
either way so we can get this on file before my assistant
leaves for the day.
Can you please also get me back the signed Exhibit A to
the SPO?
Thanks
Nicole
Nicole S. Phillis (she/her/hers) | Davis Wright
Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
Visit our resource center for updates and virtual events
regarding COVID-19 and the CARES Act at
www.dwt.com/COVID-1
From: Rod Sorensen
Sent: Monday, August 28, 2023 11:14 AM
To: Phillis, Nicole
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: RE: Trace3/Sycomp - Joint Status Report
[EXTERNAL]
Hi Nicole,
Our input will be based upon Trace3’s position. If
you can get me your portion by 1 today | can turn it
around by 3.
Thanks,
Rod Sorensen
SORENSEN LAW GROUP, P.C.
303 TWIN DOLPHIN Drive, SUITE 600
ReDwooo City, CA 94065
P: 650.269.7450
12
rsorensen@SorensenLawGroup.com
SorensenLawGroup.com
From: Phillis, Nicole
Sent: Monday, August 28, 2023 10:09 AM
To: Rod Sorensen
Ce: Rajiv.Dharnidharka@us.dlapiper.com;
Jeanette.Barzelay@us.dlapiper.com;
Micah.Chavin@us.dlapiper.com; Lyn R. Agre
; Edward E. Shapiro
; Megan Reilly
Subject: Trace3/Sycomp - Joint Status Report
Hi Rod,
Checking on Ms. Thompson’s portions of the
supplemental joint status report re spousal
privilege. We expect to have our portion finished a bit
later in the day, with the goal of getting everything on
file by 5 PM.
With that in mind, do you think could please send us
your insert by 3 PM?
Thanks,
Nicole
Nicole S. Phillis (she/her/hers) | Davis Wright
Tremaine LLP
865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017
Tel: (213) 633-8657 | Fax: (213) 633-6899
Email: nicolephillis@dwt.com | Website: www.dwt.com
‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle |
Washington, D.C.
Visit our resource center for updates and virtual events
regarding COVID-19 and the CARES Act at
www.dwt.com/COVID-1:
13
EXHIBIT L
Phillis, Nicole
From: Phillis, Nicole
Sent: Friday, September 15, 2023 4:54 PM
To: ‘Lyn R. Agre’; Rod Sorensen; Edward E. Shapiro; Megan Reilly
Ce: Merkelson, Jeremy; Gruber, Marina; Canner, Heather
Subject: RE: Trace3/Sycomp - Spousal Privilege Issues
Lyn,
Wishing you and yours a Happy New Year. We can pick this up next week.
Nicole
Nicole Phillis
Partner, Davis Wright Tremaine LLP
P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com
A865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566
DWT.COM
From: Lyn R. Agre
Sent: Friday, September 15, 2023 4:51 PM
To: Phillis, Nicole ; Rod Sorensen ; Edward E. Shapiro
; Megan Reilly
Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather
Subject: RE: Trace3/Sycomp - Spousal Privilege Issues
[EXTERNAL]
Nicole. We agree with Mr. Sorenson. Additionally, there is no pending discovery or other motion concerning Mr.
Cordell that warrants an IDC. Further, Trace3 did not object to the court converting its statement into a motion and in
fact pushed counsel for a non-party to file an opposition brief post-haste. Trace3 then sought permission to potentially
submit additional evidence with its reply brief and agreed to the filing of a sur-reply by the non-party, so we also do not
agree to a do-over.
| will be off-line for the High Holidays until late Sunday evening.
Lyn
Lyn R. Agre
44 Montgomery Street
Suite 2410
San Francisco, CA 94104
W: (415)-717-9738
lagre@glennagre.com
GLENN AGRE
BERGMAN & FUENTES
From: Phillis, Nicole
Sent: Friday, September 15, 2023 3:01 PM
To: Rod Sorensen ; Lyn R. Agre ; Edward E. Shapiro
; Megan Reilly
Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather
Subject: RE: Trace3/Sycomp - Spousal Privilege Issues
[EXTERNAL EMAIL] This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Rod,
We disagree with your characterization below. Specifically, | refer to your argument at Page 2:14-21 of the brief, which
alleges “procedural” defects in the “motion,” which was not a motion at all, but a “joint status report.” That said, it is
clear the parties are at an impasse so we will proceed accordingly as to Ms. Thompson.
Lyn,
Could you please advise regarding Mr. Cordell’s position? If we cannot get a stipulated briefing schedule on the motion,
can you please provide your team’s availability for an IDC next week as to Mr. Cordell’s spousal privilege issues? Of
course, we are reserving all rights as to the other requests but would like to close out the spousal privilege issue as soon
as possible.
Thanks,
Nicole
Nicole Phillis
Partner, Davis Wright Tremaine LLP
P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com
A865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566
DWT.COM
From: Rod Sorensen
Sent: Friday, September 15, 2023 2:42 PM
To: Phillis, Nicole ; Lyn R. Agre ; eshapiro@glennagre.com; Megan
Reilly
Ce: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather
Subject: RE: Trace3/Sycomp - Spousal Privilege Issues
[EXTERNAL]
Nicole,
| will reiterate what | stated below — we do not have shared concerns. Stacy’s concerns pertained to her time
to file an opposition brief, which has been addressed. Trace3’s concern is that after reviewing Stacy’s
opposition brief, it wants a do-over. Stacy does not share in that concern.
Best,
Rod Sorensen
3LG
SORENSEN LAW GROUP, P.C
303 TWIN DOLPHIN Drive, SUITE 600
ReOwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
Ss 01 rensenLawGroup.com
From: Phillis, Nicole
Sent: Friday, September 15, 2023 11:36 AM
To: Rod Sorensen ; Lyn R. Agre ;
shapiro@glennagre.com; Megan Reilly
Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather
Subject: RE: Trace3/Sycomp - Spousal Privilege Issues
Rod,
Understood.
As | mentioned before, given our shared concerns, Trace intends to request an opportunity to file a fully noticed motion
ona complete record. If we can reach agreement on a proposed briefing schedule, I’m willing to brief it on a very
expedited basis to address any concerns about delay. It is certainly our hope that such a motion could be resolved in
short order as it is also impacting Mr. Cordell’s discovery production as well.
| also understand Sycomp has raised concerns about getting motions heard before Judge Kulkarni given that he may be
re-assigned in January. To clear the record on that, neither | nor Mr. Merkelson knew of the potential re-assignment
until it was raised by Sycomp in the CMC statement and it has no impact on our timing or strategy. We have every
expectation and hope that Judge Kulkarni will be the judge to rule on this motion, to the extent that assuages any of
your concerns.
By proposing this motion practice and briefing schedule now, | am hoping we can avoid the delay you foreshadow
below, particularly because so much of the research is complete. If you end up reconsidering you position, please let me
know.
Nicole
Nicole Phillis
Partner, Davis Wright Tremaine LLP
P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com
A865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566
DWT.COM
From: Rod Sorensen
Sent: Friday, September 15, 2023 11:29 AM
To: Phillis, Nicole ; Lyn R. Agre ; eshapiro@glennagre.com; Megan
Reilly
Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather
Subject: RE: Trace3/Sycomp - Spousal Privilege Issues
[EXTERNAL]
Nicole,
Thank you for your email.
As you know, Stacy’s due process concerns pertained to the timing for the filing of her opposition brief. Those
concerns have been addressed. We believe the most efficient way to resolve this dispute involving the
spousal communications privilege is to keep in place the current briefing schedule. To start over, as Trace3
suggests, would result in unnecessary delay and Stacy incurring additional costs.
Best,
Rod Sorensen
3LG
SORENSEN LAW GROUP, P.C.
303 TWIN DOLPHIN Drive, SUITE 600
ReOwooo City, CA 94065
P: 650.269.7450
rsorensen@SorensenLawGroup.com
Ss 01 rensenLawGroup.com
From: Phillis, Nicole
Sent: Friday, September 15, 2023 9:08 AM
To: Rod Sorensen ; Lyn R. Agre ;
shapiro@glennagre.com; Megan Reilly
Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather
Subject: Trace3/Sycomp - Spousal Privilege Issues
Dear Rod and Lyn, Eddie, and Megan,
After reviewing Mr. Sorensen’s response to the Joint Status Report regarding Ms. Thompson’s spousal privilege, we
share Mr. Sorensen’s due process concerns about whether the Court can grant the relief Trace3 intends to seek by
converting the JSR to a noticed motion. This is particularly true because any privilege waiver is personal to the domestic
partner, so a determination as to Ms. Thompson would not, for example, bind Mr. Cordell.
In light of these concerns, we think the most efficient way to resolve this dispute as to both Mr. Cordell and Ms.
Thompson is to stop briefing the joint status report and stipulate to a briefing schedule on related motions to compel as
to Mr. Cordell and Ms. Thompson. Could you please let me know if you would be amenable to this approach? We’d
also be open to a further IDC with Lyn’s involvement as Mr. Cordell was not a party to the prior IDC, though I’m not sure
there is much more we can do if Mr. Cordell will be standing on his privilege.
Could you please let me know if you’d be open to this type of approach? Please be advised that if we are not able to
reach agreement amongst the parties, Trace3 does intend to request this same relief in its reply brief.
Nicole
G3 Nicole Phillis
Partner | Davis Wright Tremaine LLP
P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com
A 865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566
DWT.COM inv
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State
of Califomia. I am over the age of 18
and not a party to the within action; my business
address is 865 S. Figueroa Street, Suite 2400,
Los Angeles, CA 90017.
On September19, 2023, I served the document described as “REDACTED
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS IN SUPPORT OF
PLAINTIFF TRACE3, LLC’S REPLY INSUPPORT OF SUPPLEMENTAL JOINT
STATUS REPORT RE SPOUSAL PRIVILEGE OBJECTIONS’ upon the interested parties
10 in this action addressed as follows:
11
Rajiv Dhamidharka Attor for Defendant
12 Micah Chavin SY COMP A TECHNOLOGY COMPANY
Jeanette. Barzelay INC
13} Enin Heiferman
DLA Pi
14] 2000 University Ave
East Palo Alto, CA 94303
15) Tel: 650-833-2322
Email: Rajiv. Dhamidharka@us.dlapiper.com
16 Micah.Chavin@us.dlapiper.com
Jeanette. Barzelay@us.dlapiper.com
17 Erin. Heiferman@us.dlapiper.com
18 Edward E. Shapiro Attol for Individual Defendants
LynR.A TIMOTHY CORDELL, LILIAN ELIAS,
19} Lesa Libatique (Paral ) GEOFFREY PETERSON, DEVIN TOMCIK
GlemA Be
20 44 Mor Street, Suite 2410
San Francisco, CA 94104
21 Telephone: 415.599.0880
E-Mail: k com
com
Ilibatique@glennagre.com
Megan M. Reilly (Pro Hac Vice) Attomey for Individual Defendants
24 GlennAgre Bi & Fuentes LLP TIMOTHY CORDELL, GEOFFREY
1185 Avenue of the Americas, 22 Floor PETERSON and DEVIN TOMCIK
25 New York, New York 10036-2603
Telephone: (516) 551-4895
26 E-Mail: mreilly@glennagre.com
27
UNDER SEAL (CRC 2.551@); SPO { 12.
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS
Rod Sorensen Attomeys for third party STACY THOMPSON
303 Twin Dolphin Drive, Suite 600
RedwoodCity, Ca 94065
Telephone: 650.269.7450
rsorensen@SorensenLawGroup.com
X_ (VIA EMAIL) By forwarding a portable document file to the electronic mail address(es)
below from electronic mail address linapearmain@dwt.com, at Suite 2400, 865 South
Figueroa Street, Los Angeles, Califomia.
EE
Executed on September 19, 2023, Los Angeles, Califomia.
X_ (State) I declare under penalty of perjury under of Califomia that the
3
above is true and correct.
LINAYPEARMAIN
Be.
UNDER SEAL (CRC 2.551@); SPO { 12.
SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS
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 MARINA GRUBER (State Bar No. 271542) Mar com. DAVIS WRIGHT TREMAINE LLP 50 Califomia Street, 23rd Floor San Francisco, CA 94111 Telephone: (415) 276-6500 Fax: (415) 276-6599 Attomeys for Plaintiff TRACE3, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA. TRACES, LLC, a Califomia limited liability Case No. 23CV 415833 company, Assignedto Hon. Sunil R. Kulkami Plaintiff, R. Ct. 2.550, 2.551; STIPULATED PROTECTIVE ORDER { 12.3(a) [EXHIBITSH & J SLIPSHEETED; SYCOMP A TECHNOLOGY COMPANY, LODGED CONDITIONALLY] INC., a Califomia corporation; TIMOTHY CORDELL, an individual; LILIAN ELIAS, an REDACTED - PUBLICLY FILED - individual; GEOFFREY PETERSON, an SUPPLEMENTAL DECLARATION individual; DEVIN TOMCIK, an individual; OF NICOLE S. PHILLIS INSUPPORT and DOES 1-10, inclusive, OF PLAINTIFF TRACE3, LLC’S REPLY INSUPPORT OF Defendants. SUPPLEMENTAL JOINT STATUS REPORT RE SPOUSAL PRIVILEGE OBJECTIONS [Reply brief filed concurrently] Date: September 19, 2023 Action Filed: May 12, 2023 REDACTED - PUBLICLY FILED (CRC 2.551); SPO { 12.3(a)) SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS DECLARATION OF NICOLE S. PHILLIS I, Nicole S. Phillis, declare: I amanattomey at law, duly licensedto practice before all of the Courts in the State of Califomia and I am an attomey of record for Plaintiff Trace3, LLC (“Trace3”) in this matter. I have personal knowledge of all facts stated herein, except where stated otherwise, and. if called as a witness, I could and would competently testify to the following facts of my own. personal knowledge, or as indicated, upon information and belief. This supplemental declaration is submitted in connection with Trace3’s Reply in Support of Supplemental Joint Status Report Re: Spousal Privilege Objections. Attached as Exhibit G is a true and correct copy of a screenshot of the logged-in devices, which also appearsto reflect “Most recent activity” in the right most column. This appearsto show that no iPhone accessed the Dropbox account for over a year. Attached as Exhibit H is a true and correct copy of a Sycomp-branded quote for HR ciated April 11, 2023 with Tim Cordell identified as the account executive, and with a Sycomp email address. As of April 11, 2023, Mr. Cordell was actually still employedby Trace3. Because Sycomp designated this document as highly confidential/AEO, Trace3 I toR. Ct. 2. 2.551 Because this exhibit is being subniitted in comection with discovery proceedings, Trace3 lodges it confidentially with the Court pursuant to Paragraph 12.3(a) of the Stipulated Protective Order. Attached as Exhibit I is a true and correct copy of the calendar invite showing Mr. Cordell (while still at Trace3) and Mr. Bames (Sycomp) met for nearly three hours on April 12, 2023, which was produced at TRACE30023726. Mr. Bames joined that meeting for approximately 3 hours, between 10:19 am PT (5:19 PM UTC) and 1:28 pm PT (8:28 PM PT). Mr. Cordell joined that meeting also for approximately 4 hours, between 10:22 am PT (5:22 pm UTC) and 2:56 pm PT (9:56 pm UTC). Attached as Exhibit J is a true and correct copy of SY COMP 16027-16031, which shows that Mr. Bames enniled with two quotesat 10:37 amon Apnil 12, 2023, while Mr. Bames was in a digital meeting with Mr. Cordell (who was still employedat UNDER SEAL (CRC 2.551@); SPO { 12. SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS Trace3). Because Sycomp designated this document as highly confidential/AEO, Trace3 lodges it conditionally under seal pursuant to R. Ct. 2.550, 2.551._ Because this exhibit is being subniitted in comection with discovery proceedings, Trace3 lodges it confidentially with the Court pursuant to Paragraph 12.3(a) of the Stipulated Protective Order. 7. Trace3 has uncovered no other emails showing Ms. Thompson manually pulling and sending PowerBI reports to Mr. Cordell priorto April 11, 2023. 8. On September 6, 2023, Mr. Cordell bought a $22,000 women’s Rolex watch, copying his Trace3 email address, which occurred just weeks after Ms. Thompson’ s testimony in this case. 10 9. Before Trace3 filed JSR on August 28, 2023, its objectives were (1) to confer with 11 opposing counsel regarding the evidence it had developed in expedited discovery to support 12 Trace3’s invocation of the crime-fraud exception and/or other grounds on which to ovemule Ms. 13} Thompson’s spousal privilege objections; and (2) to present a record of that evidence to the 14] Court. Trace3’s objectives were based specifically on the Court’ s direction at the August 7, 2023 15) IDC to attempt to develop further evidence from the parties to this action to resolve the dispute or 16 provide an evidentiary basis on which this Court could apply the crime-fraud exception under 17 Evidence Code § 980. 18 10. Attached as Exhibit K is a true and correct copy of Trace3’s conferral 19} correspondence with Mr. Sorensen, dated August 28-29, 2023. 20 11. Trace3’s counsel attemptedto contact Mr. Sorensen repeatedly about this matter 21 on August 28, to which he responded: “I’m unfortunately in back to back meetings all day.” Given this, counsel for the parties were unable to fully meet and confer but Ms. Thompson’ s counsel authorized the filing of the JSR and Trace3 filedit on August 28 with the insert that Mr. 24 Sorensen had requested. 25 12. On August 29, 2023, only after the Court ordered further briefing on the matter, 26 Ms. Thompson’ s counsel then shared with Trace3 that he had suffered a serious family 27 emergency, which he had not shared previously with Trace3 and which had further limited his availability to meet and confer and revise the JSR. UNDER SEAL (CRC 2.551@); SPO { 12. SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS 13. Trace3 attempted to negotiate a briefing schedule with both Ms. Thompson and. Mr. Cordell regarding the motion to compel proposed in the supplemental brief, but both counsel for both Ms. Thompson and Mr. Cordell declined to stipulate to any such motion or briefing schedule. Attached as Exhibit L is a true and correct copy of that correspondence. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Executed September 19, 708 estos Sipe ZL A Ms Nicole S. Phillis 10 11 12 13} 14] 15) 16 17 18 19} 20 21 24 25 26 27 UNDER SEAL (CRC 2.551@); SPO { 12. SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS EXHIBIT G EB security Sropbox x + v = a a € ¢ @ dropbox.com/account/security ex Oo : (Update 23 Dropbox Q Search BR @ view upgrade options Home Personal account ~ All files General Plan Billing Security Notifications Apps Branding Refer a friend Sharing 70th Downloads 20128 Corsinas 16th audit Folder Devices AZ ‘These devices are linkedto ur persona’ box a 0 Bank Statements camera upleacs Device name Location Most recent activity Celigo Cordell 2028 BAckuo i Cordall Backup Windows Device Florence, Arizona about 4 months ago oO ee if Groupware 2014 Annual katelvn + Murray Kitchen Pies Ed tcordell-490 Florence, Arizona about 4 months ago Photos O Stacy's iPhone Sun City, Arizona about ayear ago © Signatures Shared 1 ihone Phoenix, Arizona about 2 years ago oO File requests Wg sTHOMPS-cw-LT San Jose, California about 2 years ago oO Deleted files EE STACY-GW-DT2 San Jose, California about 4 years ago oO STHOMPSON-GW-LT San Jose, California about 7 years ago @ Paper mobile devices Unlink Unlinkall oF your mob ram Privacy and legal 0 try Py ou EXHIBIT H FILED UNDER SEAL R. Ct. 2.550, 2.551; STIPULATED PROTECTIVE ORDER 12.3(a) EXHIBIT I Appointment. From: John Barnes [jbarnes@sycomp.com] Sent: 4/13/2023 6:10:50 AM To: John Barnes [jbarnes@sycomp.com]; Tim Cordell [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF 23SPDLT)/cn=Recipients/cn=6197 1fc87a204c3d9784852d1c94392c-Tim Cordell] Subject: Meeting (ScheduledMeeting)/Thread Id: 19:meeting_MDc4NjZmMWYtNzhjOSOOMzIzLWJIOTctZDIxMWI3MjZkMDNj@thread.v2/Communication Id: 7f005c1c-f86c-450e-b04f-5a11981cc9c9/John Barnes,Tim Cordell Start: 4/12/2023 5:19:51 PM End: 4/12/2023 9:56:04 PM Show Time As: Busy Recurrence: (none) Start Time (UTC): 4/12/2023 5:19:51 PM End Time (UTC): 4/12/2023 9:56:04 PM Duration: 04:36:13 .0791033 [4/12/2023 5:19:51 PM (UTC)] jbarnes@sycomp.com joined. [4/12/2023 8:28:56 PM (uTC)] jbarnes@sycomp.com left. [4/12/2023 5:22:16 PM (UTC)] Tim.cordel1@trace3.com joined [4/12/2023 9:56:04 PM (UTC) ] Tim.cordell@trace3.com left. TRACE3 0023726 EXHIBIT J FILED UNDER SEAL R. Ct. 2.550, 2.551; STIPULATED PROTECTIVE ORDER 12.3(a) EXHIBIT K Phillis, Nicole From: Rod Sorensen Sent: Tuesday, August 29, 2023 9:02 PM To: Phillis, Nicole Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre; Edward E. Shapiro; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report [EXTERNAL] Nicole, You have quite the nerve to suggest that | am somehow at fault for not explaining that my meetings on Monday involved me meeting with my mother’s doctors and my family. My mother taught me the value of humility, and the value of an unqualified, sincere apology. It is unfortunate you were not taught the same. There is no need for you to send further emails on this topic. Trust me, you have said enough. Rod Sorensen 3LG SORENSEN LAW GROUP, P.C. 303 TWIN DOLPHIN Drive, SUITE 600 ReOwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com Ss 01 rensenLawGroup.com From: Phillis, Nicole Sent: Tuesday, August 29, 2023 7:50 PM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: Re: Trace3/Sycomp - Joint Status Report Rod, First and foremost, | am very sorry to hear about this. You had not shared that information on Monday, but if you had, of course | would have offered to extend the deadline, without hesitation. To be clear, all | knew on Monday was what you told me, which was: “I’m unfortunately in back to back meetings all day.” In any event, | am trying to communicate that | am willing to try to work with you and to confer with Ms. Thompson’s position in light of our brief. That door remains open. Nicole Nicole S. Phillis | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. On Aug 29, 2023, at 7:32 PM, Rod Sorensen wrote: [EXTERNAL] Nicole, The one constant through this litigation has been your lack of professionalism, which is to put it mildly. In your most recent email below you claim that on Monday 1 made [my]self completely unavailable that entire day, “when you attempted to jam me up with a joint submission that that could have been completed the prior week. On Monday | had previously scheduled work meetings, and | was involving with assisting my elderly mother who suffered a stroke on Saturday and remained in the hospital on Monday. Perhaps in your world assisting an elderly mother who suffered a stroke represents “making yourself completely unavailable.” But not in mine. Stay classy, Nicole. Rod Sorensen SORENSEN LAW GROUP, P.C 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Tuesday, August 29, 2023 7:13 PM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: Re: Trace3/Sycomp - Joint Status Report Rod, We disagree with your contentions below. We both knew that we had a status report due 8/28, but you made yourself completely unavailable that entire day and provided only two sentences for the status report. | specifically asked to speak with you by phone on the morning of 8/28 to discuss these issues. Moreover, | was in a hearing 8/22 and depositions 8/23 and 8/25. Further, at the prior IDC we (specifically, Trace3, with direction from the Court) discussed the benefits of developing a further record on which the Court could consider whether crime-fraud applies, which is what we did. To be clear, we remain ready, willing, and able to meet and confer as the Court directed if you can find any availability in your schedule. | think it would behoove us to make that effort. Please let me know if you want to do so. Nicole Nicole S. Phillis | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. On Aug 29, 2023, at 7:02 PM, Rod Sorensen wrote: [EXTERNAL] Nicole, Like the Court, | expected Trace3 to engage in meet confer efforts following the IDC, which it did not do. | also understood that the update requested by the Court following the IDC did not contemplate Trace3 submitting a brief, which was certainly a curious move. As a result of how Trace3 has chosen to handle this, at this time Stacy must focus on submitting her brief per the expedited briefing schedule. Rod Sorensen SORENSEN LAW GROUP, P.C 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Tuesday, August 29, 2023 6:17 PM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: Re: Trace3/Sycomp - Joint Status Report Rod, Understood - if there is any way we can reach common ground or even narrow the issues, | am happy to chat. We do not want to overburden the Court with these disputes and remain willing to try to work together to resolve these objections before Ms. Thompson’s continued deposition. For example, would Ms. Thompson be open to being deposed on limited scope subject matter with an agreement that such testimony would not constitute more generalized waiver? This of course is just one way that we may be able to narrow the issues before the court, but | remain open to considering others too. Please let me know. Nicole Nicole S. Phillis | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. On Aug 29, 2023, at 6:09 PM, Rod Sorensen wrote: [EXTERNAL] Nicole, In light of the court’s order, it appears we’ve moved past the meet and confer stage. Best, Rod Sorensen SORENSEN LAW GROUP, P.C. 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Tuesday, August 29, 2023 3:54 PM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: Re: Trace3/Sycomp - Joint Status Report Thanks, Rod. | understand the court directed some briefing but we remain open to meeting and conferring this week, if you think that would be productive. Please let me know. Nicole Nicole S. Phillis | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel; (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. On Aug 29, 2023, at 1:33 PM, Rod Sorensen wrote: [EXTERNAL] Nicole, You are correct, you were authorized to add my signature. | saw that you ultimately did not, which is certainly fine. Thank you for submitting our portion. Please let me know if you would like to meet and confer on this issue further at this time. I’m inclined to first wait to hear from the court. Thanks, Rod Sorensen SORENSEN LAW GROUP, P.C. 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Monday, August 28, 2023 2:08 PM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report Hi Rod, In light of the correspondence below (and to avoid having my assistant work late tonight), we’re going to start finalizing the papers. Based on your request that | include the insert below in the brief, | assume | am authorized to add your /s/ signature. Could you please advise ASAP if that is not the case? Nicole Nicole S. Phillis (she/her/hers) | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com ‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. Visit our resource center for updates and virtual events regarding COVID-19 and the CARES Act at www.dwt.com/COVID-1 From: Rod Sorensen Sent: Monday, August 28, 2023 12:08 PM To: Phillis, Nicole Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report [EXTERNAL] Nicole, My apologies for calling you by your last name, which | completely misspelled. This is what happens when | try to respond to emails while on the phone. | don’t anticipate being able to respond to any further emails until this evening, at the earliest. Rod Sorensen SORENSEN LAW GROUP, P.C. 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Monday, August 28, 2023 12:05 PM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report Rod, Understood — | will still endeavor to get you what we have by 1 PM. Nicole Nicole S. Phillis (she/her/hers) | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com ‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. Visit our resource center for updates and virtual events regarding COVID-19 and the CARES Act at www.dwt.com/COVID-1: From: Rod Sorensen Sent: Monday, August 28, 2023 12:03 PM To: Phillis, Nicole Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report [EXTERNAL] Phyliss, | will not have the opportunity to properly responds to Trace3’s latest claims, whatever they may be. Per the emails below, it will be a simultaneous exchange and the insert | provided below will be the insert you should include. Best, Rod Sorensen SORENSEN LAW GROUP, P.C 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Monday, August 28, 2023 11:33 AM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report Understood. Please be advised that we have developed additional record evidence of crime-fraud, which we plan to present to the report in the JSR. If you have any availability this afternoon, I’m happy to confer or these issues. Nicole S. Phillis (she/her/hers) | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com ‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. Visit our resource center for updates and virtual events regarding COVID-19 and the CARES Act at www.dwt.com/COVID-1 From: Rod Sorensen Sent: Monday, August 28, 2023 11:31 AM To: Phillis, Nicole Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report [EXTERNAL] Nicole, I’m unfortunately in back to back meetings all day. Please send me an email and I'll respond when I’m able. Thanks, Rod Sorensen SORENSEN LAW GROUP, P.C 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Monday, August 28, 2023 11:26 AM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report Hi Rod, Can | give you a quick call? Is the number below the best number to reach you? Nicole Nicole S. Phillis (she/her/hers) | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com ‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. Visit our resource center for updates and virtual events regarding COVID-19 and the CARES Act at www.dwt.com/COVID-1 From: Rod Sorensen Sent: Monday, August 28, 2023 11:24 AM To: Phillis, Nicole Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro 10 ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report [EXTERNAL] Nicole, Understood. Below is Stacy’s insert, with the understanding that it will be a simultaneous exchange. The parties participated in an informal discovery conference on August 7, 2023 to address Trace3’s contention that Stacy Thompson is precluded from asserting the spousal communication privilege in a second deposition of Thompson sought by Trace3. Following that conference Trace3 ceased it efforts to depose Thompson for a second time and has not conferred with Thompson regarding a second deposition. Rod Sorensen SORENSEN LAW GROUP, P.C 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Monday, August 28, 2023 11:15 AM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report Hi Rod, We will endeavor to get you our section as quickly as possible, but we had anticipated a contemporaneous exchange. Please note, we need your section by 5 PM 11 either way so we can get this on file before my assistant leaves for the day. Can you please also get me back the signed Exhibit A to the SPO? Thanks Nicole Nicole S. Phillis (she/her/hers) | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com ‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. Visit our resource center for updates and virtual events regarding COVID-19 and the CARES Act at www.dwt.com/COVID-1 From: Rod Sorensen Sent: Monday, August 28, 2023 11:14 AM To: Phillis, Nicole Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: RE: Trace3/Sycomp - Joint Status Report [EXTERNAL] Hi Nicole, Our input will be based upon Trace3’s position. If you can get me your portion by 1 today | can turn it around by 3. Thanks, Rod Sorensen SORENSEN LAW GROUP, P.C. 303 TWIN DOLPHIN Drive, SUITE 600 ReDwooo City, CA 94065 P: 650.269.7450 12 rsorensen@SorensenLawGroup.com SorensenLawGroup.com From: Phillis, Nicole Sent: Monday, August 28, 2023 10:09 AM To: Rod Sorensen Ce: Rajiv.Dharnidharka@us.dlapiper.com; Jeanette.Barzelay@us.dlapiper.com; Micah.Chavin@us.dlapiper.com; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Subject: Trace3/Sycomp - Joint Status Report Hi Rod, Checking on Ms. Thompson’s portions of the supplemental joint status report re spousal privilege. We expect to have our portion finished a bit later in the day, with the goal of getting everything on file by 5 PM. With that in mind, do you think could please send us your insert by 3 PM? Thanks, Nicole Nicole S. Phillis (she/her/hers) | Davis Wright Tremaine LLP 865 S Figueroa Street, Suite 2400 | Los Angeles, CA 90017 Tel: (213) 633-8657 | Fax: (213) 633-6899 Email: nicolephillis@dwt.com | Website: www.dwt.com ‘Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Washington, D.C. Visit our resource center for updates and virtual events regarding COVID-19 and the CARES Act at www.dwt.com/COVID-1: 13 EXHIBIT L Phillis, Nicole From: Phillis, Nicole Sent: Friday, September 15, 2023 4:54 PM To: ‘Lyn R. Agre’; Rod Sorensen; Edward E. Shapiro; Megan Reilly Ce: Merkelson, Jeremy; Gruber, Marina; Canner, Heather Subject: RE: Trace3/Sycomp - Spousal Privilege Issues Lyn, Wishing you and yours a Happy New Year. We can pick this up next week. Nicole Nicole Phillis Partner, Davis Wright Tremaine LLP P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com A865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566 DWT.COM From: Lyn R. Agre Sent: Friday, September 15, 2023 4:51 PM To: Phillis, Nicole ; Rod Sorensen ; Edward E. Shapiro ; Megan Reilly Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather Subject: RE: Trace3/Sycomp - Spousal Privilege Issues [EXTERNAL] Nicole. We agree with Mr. Sorenson. Additionally, there is no pending discovery or other motion concerning Mr. Cordell that warrants an IDC. Further, Trace3 did not object to the court converting its statement into a motion and in fact pushed counsel for a non-party to file an opposition brief post-haste. Trace3 then sought permission to potentially submit additional evidence with its reply brief and agreed to the filing of a sur-reply by the non-party, so we also do not agree to a do-over. | will be off-line for the High Holidays until late Sunday evening. Lyn Lyn R. Agre 44 Montgomery Street Suite 2410 San Francisco, CA 94104 W: (415)-717-9738 lagre@glennagre.com GLENN AGRE BERGMAN & FUENTES From: Phillis, Nicole Sent: Friday, September 15, 2023 3:01 PM To: Rod Sorensen ; Lyn R. Agre ; Edward E. Shapiro ; Megan Reilly Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather Subject: RE: Trace3/Sycomp - Spousal Privilege Issues [EXTERNAL EMAIL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Rod, We disagree with your characterization below. Specifically, | refer to your argument at Page 2:14-21 of the brief, which alleges “procedural” defects in the “motion,” which was not a motion at all, but a “joint status report.” That said, it is clear the parties are at an impasse so we will proceed accordingly as to Ms. Thompson. Lyn, Could you please advise regarding Mr. Cordell’s position? If we cannot get a stipulated briefing schedule on the motion, can you please provide your team’s availability for an IDC next week as to Mr. Cordell’s spousal privilege issues? Of course, we are reserving all rights as to the other requests but would like to close out the spousal privilege issue as soon as possible. Thanks, Nicole Nicole Phillis Partner, Davis Wright Tremaine LLP P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com A865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566 DWT.COM From: Rod Sorensen Sent: Friday, September 15, 2023 2:42 PM To: Phillis, Nicole ; Lyn R. Agre ; eshapiro@glennagre.com; Megan Reilly Ce: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather Subject: RE: Trace3/Sycomp - Spousal Privilege Issues [EXTERNAL] Nicole, | will reiterate what | stated below — we do not have shared concerns. Stacy’s concerns pertained to her time to file an opposition brief, which has been addressed. Trace3’s concern is that after reviewing Stacy’s opposition brief, it wants a do-over. Stacy does not share in that concern. Best, Rod Sorensen 3LG SORENSEN LAW GROUP, P.C 303 TWIN DOLPHIN Drive, SUITE 600 ReOwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com Ss 01 rensenLawGroup.com From: Phillis, Nicole Sent: Friday, September 15, 2023 11:36 AM To: Rod Sorensen ; Lyn R. Agre ; shapiro@glennagre.com; Megan Reilly Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather Subject: RE: Trace3/Sycomp - Spousal Privilege Issues Rod, Understood. As | mentioned before, given our shared concerns, Trace intends to request an opportunity to file a fully noticed motion ona complete record. If we can reach agreement on a proposed briefing schedule, I’m willing to brief it on a very expedited basis to address any concerns about delay. It is certainly our hope that such a motion could be resolved in short order as it is also impacting Mr. Cordell’s discovery production as well. | also understand Sycomp has raised concerns about getting motions heard before Judge Kulkarni given that he may be re-assigned in January. To clear the record on that, neither | nor Mr. Merkelson knew of the potential re-assignment until it was raised by Sycomp in the CMC statement and it has no impact on our timing or strategy. We have every expectation and hope that Judge Kulkarni will be the judge to rule on this motion, to the extent that assuages any of your concerns. By proposing this motion practice and briefing schedule now, | am hoping we can avoid the delay you foreshadow below, particularly because so much of the research is complete. If you end up reconsidering you position, please let me know. Nicole Nicole Phillis Partner, Davis Wright Tremaine LLP P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com A865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566 DWT.COM From: Rod Sorensen Sent: Friday, September 15, 2023 11:29 AM To: Phillis, Nicole ; Lyn R. Agre ; eshapiro@glennagre.com; Megan Reilly Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather Subject: RE: Trace3/Sycomp - Spousal Privilege Issues [EXTERNAL] Nicole, Thank you for your email. As you know, Stacy’s due process concerns pertained to the timing for the filing of her opposition brief. Those concerns have been addressed. We believe the most efficient way to resolve this dispute involving the spousal communications privilege is to keep in place the current briefing schedule. To start over, as Trace3 suggests, would result in unnecessary delay and Stacy incurring additional costs. Best, Rod Sorensen 3LG SORENSEN LAW GROUP, P.C. 303 TWIN DOLPHIN Drive, SUITE 600 ReOwooo City, CA 94065 P: 650.269.7450 rsorensen@SorensenLawGroup.com Ss 01 rensenLawGroup.com From: Phillis, Nicole Sent: Friday, September 15, 2023 9:08 AM To: Rod Sorensen ; Lyn R. Agre ; shapiro@glennagre.com; Megan Reilly Cc: Merkelson, Jeremy ; Gruber, Marina ; Canner, Heather Subject: Trace3/Sycomp - Spousal Privilege Issues Dear Rod and Lyn, Eddie, and Megan, After reviewing Mr. Sorensen’s response to the Joint Status Report regarding Ms. Thompson’s spousal privilege, we share Mr. Sorensen’s due process concerns about whether the Court can grant the relief Trace3 intends to seek by converting the JSR to a noticed motion. This is particularly true because any privilege waiver is personal to the domestic partner, so a determination as to Ms. Thompson would not, for example, bind Mr. Cordell. In light of these concerns, we think the most efficient way to resolve this dispute as to both Mr. Cordell and Ms. Thompson is to stop briefing the joint status report and stipulate to a briefing schedule on related motions to compel as to Mr. Cordell and Ms. Thompson. Could you please let me know if you would be amenable to this approach? We’d also be open to a further IDC with Lyn’s involvement as Mr. Cordell was not a party to the prior IDC, though I’m not sure there is much more we can do if Mr. Cordell will be standing on his privilege. Could you please let me know if you’d be open to this type of approach? Please be advised that if we are not able to reach agreement amongst the parties, Trace3 does intend to request this same relief in its reply brief. Nicole G3 Nicole Phillis Partner | Davis Wright Tremaine LLP P 213.633.8657 C 323.401.0474 E nicolephillis@dwt.com A 865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566 DWT.COM inv soeeseuenannesesnnannesenseesl portant Notice *ttinettsetensnnennenennnnne This email and any files transmitted with it are confidential and may be subject to the attorney-client or other privileges. Use or disclosure of this email or any such files by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please notify the sender immediately and delete this message from your system PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of Califomia. I am over the age of 18 and not a party to the within action; my business address is 865 S. Figueroa Street, Suite 2400, Los Angeles, CA 90017. On September19, 2023, I served the document described as “REDACTED SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS IN SUPPORT OF PLAINTIFF TRACE3, LLC’S REPLY INSUPPORT OF SUPPLEMENTAL JOINT STATUS REPORT RE SPOUSAL PRIVILEGE OBJECTIONS’ upon the interested parties 10 in this action addressed as follows: 11 Rajiv Dhamidharka Attor for Defendant 12 Micah Chavin SY COMP A TECHNOLOGY COMPANY Jeanette. Barzelay INC 13} Enin Heiferman DLA Pi 14] 2000 University Ave East Palo Alto, CA 94303 15) Tel: 650-833-2322 Email: Rajiv. Dhamidharka@us.dlapiper.com 16 Micah.Chavin@us.dlapiper.com Jeanette. Barzelay@us.dlapiper.com 17 Erin. Heiferman@us.dlapiper.com 18 Edward E. Shapiro Attol for Individual Defendants LynR.A TIMOTHY CORDELL, LILIAN ELIAS, 19} Lesa Libatique (Paral ) GEOFFREY PETERSON, DEVIN TOMCIK GlemA Be 20 44 Mor Street, Suite 2410 San Francisco, CA 94104 21 Telephone: 415.599.0880 E-Mail: k com com Ilibatique@glennagre.com Megan M. Reilly (Pro Hac Vice) Attomey for Individual Defendants 24 GlennAgre Bi & Fuentes LLP TIMOTHY CORDELL, GEOFFREY 1185 Avenue of the Americas, 22 Floor PETERSON and DEVIN TOMCIK 25 New York, New York 10036-2603 Telephone: (516) 551-4895 26 E-Mail: mreilly@glennagre.com 27 UNDER SEAL (CRC 2.551@); SPO { 12. SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS Rod Sorensen Attomeys for third party STACY THOMPSON 303 Twin Dolphin Drive, Suite 600 RedwoodCity, Ca 94065 Telephone: 650.269.7450 rsorensen@SorensenLawGroup.com X_ (VIA EMAIL) By forwarding a portable document file to the electronic mail address(es) below from electronic mail address linapearmain@dwt.com, at Suite 2400, 865 South Figueroa Street, Los Angeles, Califomia. EE Executed on September 19, 2023, Los Angeles, Califomia. X_ (State) I declare under penalty of perjury under of Califomia that the 3 above is true and correct. LINAYPEARMAIN Be. UNDER SEAL (CRC 2.551@); SPO { 12. SUPPLEMENTAL DECLARATION OF NICOLE S. PHILLIS