Preview
Filed: 2/8/2021 12:00 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 50425178
By: Lisa Kelly
2/8/2021 8:28 AM
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
PLAINTIFF'S AMENDED NOTICE OF SECOND DEPOSITION ON WRITTEN
QUESTIONS FOR SPOTIFY USA INC
To: John and Jane Doe, wherever they may be found, through Texas e-file service.
The Custodian of Records of Spotify USA Inc., c/o CT Corporation System, 28
Liberty Street, 42nd Floor, New York, New York 10005
1. Please take notice that, under Texas Rule of Civil Procedure 200.1, Plaintiff Blake
Tart III, will take the deposition on written questions of the Custodian of Records of Spotify USA Inc. on
the 1st day of March 2021 at 10:00 a.m., at 45 W. 18th Street; 7th Floor New York, NY 10011.
2. The deposition will continue from day to day until completed.
3. A Notary Public for the State in which the custodian of records completes the
deposition will take the deposition.
4. Under Rules 176.2(b) and 200.1(b), the Custodian of Records of Spotify USA Inc.
has been subpoenaed to produce the following documents at the deposition:
Provide information for the following accounts:
https://open.spotify.com/user/winstonsmithomi
https://open.spotify.com/user/transparentolemiss
https://open.spotify.com/user/olemissleaks
1
Information Requested:
Any and all subscriber and administer information for each account,
including but not limited to (1) email address(es), member name(s),
address(es), phone number(s), date(s) and time(s) of account creation,
and billing information; (2) IP address(es) used when creating each
account; (3) IP addresses used on most recent 5 logins to each account;
(3) information on devices used when creating each account; and (4)
most recent 5 logins to each account.
5. The DEPOSITION ON WRITTEN QUESTIONS is attached as Exhibit A.
Respectfully Submitted,
Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 – Facsimile
(972) 436-1615 – Facsimile
By__________________________________
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
By__________________________________
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
I hereby certify that the foregoing
PLAINTIFF'S AMENDED NOTICE OF DEPOSITION ON WRITTEN QUESTIONS FOR
SPOTIFY USA INC
was served on Defendants as shown below:
via electronic filing service
on this 6th day of February 2021.
_________________________________
Calvin G. McLean
3
EXHIBIT A
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS FOR SPOTIFY USA INC
A. INSTRUCTION
Records may be provided as electronic media containing records in PDF, JPEG, or TIF
format or “hard” copies. Video records may be provided in MP3 or MP4.
B. DEFINITION
Requested Records shall mean the items listed in section C of this document.
C. RECORDS REQUESTED
Provide information for the following accounts:
https://open.spotify.com/user/winstonsmithomi
https://open.spotify.com/user/transparentolemiss
https://open.spotify.com/user/olemissleaks
Information Requested:
Any and all subscriber and administer information for each account,
including but not limited to (1) email address(es), member name(s),
address(es), phone number(s), date(s) and time(s) of account creation,
and billing information; (2) IP address(es) used when creating each
account; (3) IP addresses used on most recent 5 logins to each account;
(3) information on devices used when creating each account; and (4)
most recent 5 logins to each account.
1
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF Spotify USA Inc
1. Please state your full name, occupation, official title, and business address.
Answer:
2. Are you the custodian of records for Spotify USA Inc?
Answer:
3. In your capacity as custodian of records for Spotify USA Inc, are you familiar
with whether Spotify USA Inc maintains records of their business activities?
Answer:
4. Are the records of Spotify USA Inc kept under your care, supervision, custody,
or control?
Answer:
5. Was it in the regular course of business activity of Spotify USA Inc for
employees with personal knowledge of the transactions identified in the records to make such
records or to transmit such information to be included in the records?
Answer:
6. Were the REQUESTED RECORDS made at or near the time of the transactions
identified in the records or within a reasonable time thereafter?
Answer:
7. Were the REQUESTED RECORDS made and kept in the regular course of daily
business activities by Spotify USA Inc?
2
Answer:
8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain
the records as part of your official duties as the custodian of records for Spotify USA Inc?
Answer:
9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the
notary public taking your deposition for photocopying and attachment to this deposition. Have
you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If
not, identify for the notary public the records and documents you did not produce and explain
why you did not produce them.
Answer:
10. In the event you are unable to find any of the records requested in the subpoena
you received, how long does Spotify USA Inc maintain its files, and does Spotify USA Inc
ever destroy its files?
Answer:
11. Are you aware of any other companies or persons that may have possession of
records pertaining to the subject matter of this lawsuit? If so, please state the name and address of
such entity or person, if known.
Answer:
12. Have you been requested or directed by any person to withhold or protect, for any
reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you
should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the
name and address of the person who conveyed this information to you and when such event
occurred.
Answer:
3
13. Do you know or have reason to believe that the records identified in Plaintiff’s
subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please
identify the records and explain why and how they were altered or removed.
Answer:
14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your
possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it
was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain
the circumstances surrounding its disposition, including the date of such disposition.
Answer:
CUSTODIAN OF RECORDS FOR
Spotify USA Inc
4
VERIFICATION
STATE OF NEW YORK §
§
COUNTY OF ____________ §
BEFORE ME, the undersigned notary public, on this day personally appeared
, the Custodian of Spotify USA Inc, whose identity
is known to me. After I administered an oath, the custodian testified to the foregoing answers. I
hereby certify that these answers were sworn to and subscribed before me by
on the day of _________ 2021.
Notary Public, State of NEW YORK
County of _____________________
My commission expires:
5
Preview
Filed: 2/8/2021 12:00 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 50425178 By: Lisa Kelly 2/8/2021 8:28 AM CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT PLAINTIFF'S AMENDED NOTICE OF SECOND DEPOSITION ON WRITTEN QUESTIONS FOR SPOTIFY USA INC To: John and Jane Doe, wherever they may be found, through Texas e-file service. The Custodian of Records of Spotify USA Inc., c/o CT Corporation System, 28 Liberty Street, 42nd Floor, New York, New York 10005 1. Please take notice that, under Texas Rule of Civil Procedure 200.1, Plaintiff Blake Tart III, will take the deposition on written questions of the Custodian of Records of Spotify USA Inc. on the 1st day of March 2021 at 10:00 a.m., at 45 W. 18th Street; 7th Floor New York, NY 10011. 2. The deposition will continue from day to day until completed. 3. A Notary Public for the State in which the custodian of records completes the deposition will take the deposition. 4. Under Rules 176.2(b) and 200.1(b), the Custodian of Records of Spotify USA Inc. has been subpoenaed to produce the following documents at the deposition: Provide information for the following accounts: https://open.spotify.com/user/winstonsmithomi https://open.spotify.com/user/transparentolemiss https://open.spotify.com/user/olemissleaks 1 Information Requested: Any and all subscriber and administer information for each account, including but not limited to (1) email address(es), member name(s), address(es), phone number(s), date(s) and time(s) of account creation, and billing information; (2) IP address(es) used when creating each account; (3) IP addresses used on most recent 5 logins to each account; (3) information on devices used when creating each account; and (4) most recent 5 logins to each account. 5. The DEPOSITION ON WRITTEN QUESTIONS is attached as Exhibit A. Respectfully Submitted, Johnston & McLean, PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024 (972) 436-1661 (972) 436-1615 – Facsimile (972) 436-1615 – Facsimile By__________________________________ William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Attorney for Plaintiff By__________________________________ Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that the foregoing PLAINTIFF'S AMENDED NOTICE OF DEPOSITION ON WRITTEN QUESTIONS FOR SPOTIFY USA INC was served on Defendants as shown below: via electronic filing service on this 6th day of February 2021. _________________________________ Calvin G. McLean 3 EXHIBIT A CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS FOR SPOTIFY USA INC A. INSTRUCTION Records may be provided as electronic media containing records in PDF, JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or MP4. B. DEFINITION Requested Records shall mean the items listed in section C of this document. C. RECORDS REQUESTED Provide information for the following accounts: https://open.spotify.com/user/winstonsmithomi https://open.spotify.com/user/transparentolemiss https://open.spotify.com/user/olemissleaks Information Requested: Any and all subscriber and administer information for each account, including but not limited to (1) email address(es), member name(s), address(es), phone number(s), date(s) and time(s) of account creation, and billing information; (2) IP address(es) used when creating each account; (3) IP addresses used on most recent 5 logins to each account; (3) information on devices used when creating each account; and (4) most recent 5 logins to each account. 1 DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS OF Spotify USA Inc 1. Please state your full name, occupation, official title, and business address. Answer: 2. Are you the custodian of records for Spotify USA Inc? Answer: 3. In your capacity as custodian of records for Spotify USA Inc, are you familiar with whether Spotify USA Inc maintains records of their business activities? Answer: 4. Are the records of Spotify USA Inc kept under your care, supervision, custody, or control? Answer: 5. Was it in the regular course of business activity of Spotify USA Inc for employees with personal knowledge of the transactions identified in the records to make such records or to transmit such information to be included in the records? Answer: 6. Were the REQUESTED RECORDS made at or near the time of the transactions identified in the records or within a reasonable time thereafter? Answer: 7. Were the REQUESTED RECORDS made and kept in the regular course of daily business activities by Spotify USA Inc? 2 Answer: 8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain the records as part of your official duties as the custodian of records for Spotify USA Inc? Answer: 9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the notary public taking your deposition for photocopying and attachment to this deposition. Have you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If not, identify for the notary public the records and documents you did not produce and explain why you did not produce them. Answer: 10. In the event you are unable to find any of the records requested in the subpoena you received, how long does Spotify USA Inc maintain its files, and does Spotify USA Inc ever destroy its files? Answer: 11. Are you aware of any other companies or persons that may have possession of records pertaining to the subject matter of this lawsuit? If so, please state the name and address of such entity or person, if known. Answer: 12. Have you been requested or directed by any person to withhold or protect, for any reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the name and address of the person who conveyed this information to you and when such event occurred. Answer: 3 13. Do you know or have reason to believe that the records identified in Plaintiff’s subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please identify the records and explain why and how they were altered or removed. Answer: 14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain the circumstances surrounding its disposition, including the date of such disposition. Answer: CUSTODIAN OF RECORDS FOR Spotify USA Inc 4 VERIFICATION STATE OF NEW YORK § § COUNTY OF ____________ § BEFORE ME, the undersigned notary public, on this day personally appeared , the Custodian of Spotify USA Inc, whose identity is known to me. After I administered an oath, the custodian testified to the foregoing answers. I hereby certify that these answers were sworn to and subscribed before me by on the day of _________ 2021. Notary Public, State of NEW YORK County of _____________________ My commission expires: 5