On August 12, 2014 a
Letter,Correspondence
was filed
involving a dispute between
Sni Si Networks L.L.C.,
and
Directv, Llc,
for Commercial Division
in the District Court of New York County.
Preview
CONFIDEN TIAL MA TERIAL SUBJECT TO ORDER FOR THE PRODUCTION AND
EXCHANGE OF CONFIDENTIAL INFORMATION
KIRKLAND &. ELLIS LLP
AND AFFILIATED PARTNERSHIPS
333 South Hope Street
Los Angeles, California
90071
Robyn E. Bladow
To Call Writer Directly: (213) 680-8400 Facsimile:
(213) 680-8634 (213) 680-8500
robyn.bladow@kirkland.com www.kirkland.com
April 19, 2017
By Hand (Redacted Version via ECF)
The Honorable Jeffrey K. Oing
New York State Supreme Comi , New York County
Commercial Division, Pali 48
60 Centi·e Street
New York, New York 10007
Re: SNIISI Networks L.L. C. v. DIRECTV, LLC, Index No. 652471/2014
Dear Justice Oing:
On behalf of defendant/counter-claimant DIRECTV, LLC ("DIRECTV"), this
letter responds to plaintiff SNI/SI Networks L.L. C. 's ("Smithsonian") April 17, 2017 letter.
Smithsonian's letter to the Comi re-hashes issues ak eady before the Comi. See Doc. No.
139; Doc. No. 152. It is unclear why Smithsonian finds it necessa1y to re-raise these issues in
th e context of its latest discove1y requests (Doc. No. 162 at Ex. 5), which make it even clearer
that Smithsonian has no valid basis for this discove1y.
For RFP Nos. 23, 25-27, DIRECTV refers the Comi to the ar
March 22 letter to the Comi relatin to
. See Doc. No. 152 at 2-3. DIRECTV finiher notes that,
w 1 e Srmt soman's etter argues DIRECTV's search has been insufficient, Smithsonian today
acknowledged that DIRECTV's related search parameter proposal is sufficient. See Ex. 1.
RFP No. 24 Smithsonian uestions the sufficienc ofDIRECTV's reduction
. Since Smithsonian first raised this issue with the Comi , DIRECTV
as gone a ove an beyond to fulfill Smithsonian 's ever-expan ding re uests. First, DIRECTV
conducted a search and reviewed thousands of documents relatin to
1. DIRECTV has met eve1y request from Smithsonian to resolve this dispute, but
Beijing Chicago Hong Kong Houston London Munich New York Palo Alto San Francisco Shanghai Washington, D.C.
CONFIDEN TIAL MA TERIAL SUBJECT TO ORDER FOR THE PRODUCTION AND
EXCHANGE OF CONFIDENTIAL INFORMATION
SNIISI Networks L.L. C. v. DIRECTV, LLC Page 2 of 2
Index No. 65247 1/2014
April 19, 201 7
the needle further. For example, Smithsonian requests that
. Doc. N o. 162 at 2 . But DIRECTV has
In
The Comt should not be distrncted by Smithsonian 's arguments here: DIRECTV has
been more than willin to work with Smithsonian on this request, an d has agreed to search for a
var iety of ten ns . As for Smithsonian's request for a "sworn
statement" on this matter, New York rnles clearly discourage this type of inten ogato1y . See NY
Com. Div . R. 11-a; Repo1t & Recommendations to the Chief Judge of the State of New York,
June 201 2 (Rule 11-a's limitations aim to be "fundamentally fair to all pa1ties, prevent
gamesmanship, an d will assist in streamlining discove1y") . Instead of sending frivolous letters to
the Court, S1nithsonian should focus on using the discovery vehicles ah-eady at its disposal: it can
review the documents DIRECTV produces and then ask questions at a deposition.
We thank the Comt for its consideration of these issues
Respectfully submitted,
~~
Robyn Bladow
cc: all counsel of record
CONFIDENTIAL MATERIAL SUBJECT TO
ORDER FOR THE PRODUCTION AND
EXCHANGE OF CONFIDENTIAL
INFORMATION
EXHIBIT 1
EXHIBIT REDACTED
Document Filed Date
April 19, 2017
Case Filing Date
August 12, 2014
Category
Commercial Division
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CONFIDEN TIAL MA TERIAL SUBJECT TO ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION KIRKLAND &. ELLIS LLP AND AFFILIATED PARTNERSHIPS 333 South Hope Street Los Angeles, California 90071 Robyn E. Bladow To Call Writer Directly: (213) 680-8400 Facsimile: (213) 680-8634 (213) 680-8500 robyn.bladow@kirkland.com www.kirkland.com April 19, 2017 By Hand (Redacted Version via ECF) The Honorable Jeffrey K. Oing New York State Supreme Comi , New York County Commercial Division, Pali 48 60 Centi·e Street New York, New York 10007 Re: SNIISI Networks L.L. C. v. DIRECTV, LLC, Index No. 652471/2014 Dear Justice Oing: On behalf of defendant/counter-claimant DIRECTV, LLC ("DIRECTV"), this letter responds to plaintiff SNI/SI Networks L.L. C. 's ("Smithsonian") April 17, 2017 letter. Smithsonian's letter to the Comi re-hashes issues ak eady before the Comi. See Doc. No. 139; Doc. No. 152. It is unclear why Smithsonian finds it necessa1y to re-raise these issues in th e context of its latest discove1y requests (Doc. No. 162 at Ex. 5), which make it even clearer that Smithsonian has no valid basis for this discove1y. For RFP Nos. 23, 25-27, DIRECTV refers the Comi to the ar March 22 letter to the Comi relatin to . See Doc. No. 152 at 2-3. DIRECTV finiher notes that, w 1 e Srmt soman's etter argues DIRECTV's search has been insufficient, Smithsonian today acknowledged that DIRECTV's related search parameter proposal is sufficient. See Ex. 1. RFP No. 24 Smithsonian uestions the sufficienc ofDIRECTV's reduction . Since Smithsonian first raised this issue with the Comi , DIRECTV as gone a ove an beyond to fulfill Smithsonian 's ever-expan ding re uests. First, DIRECTV conducted a search and reviewed thousands of documents relatin to 1. DIRECTV has met eve1y request from Smithsonian to resolve this dispute, but Beijing Chicago Hong Kong Houston London Munich New York Palo Alto San Francisco Shanghai Washington, D.C. CONFIDEN TIAL MA TERIAL SUBJECT TO ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION SNIISI Networks L.L. C. v. DIRECTV, LLC Page 2 of 2 Index No. 65247 1/2014 April 19, 201 7 the needle further. For example, Smithsonian requests that . Doc. N o. 162 at 2 . But DIRECTV has In The Comt should not be distrncted by Smithsonian 's arguments here: DIRECTV has been more than willin to work with Smithsonian on this request, an d has agreed to search for a var iety of ten ns . As for Smithsonian's request for a "sworn statement" on this matter, New York rnles clearly discourage this type of inten ogato1y . See NY Com. Div . R. 11-a; Repo1t & Recommendations to the Chief Judge of the State of New York, June 201 2 (Rule 11-a's limitations aim to be "fundamentally fair to all pa1ties, prevent gamesmanship, an d will assist in streamlining discove1y") . Instead of sending frivolous letters to the Court, S1nithsonian should focus on using the discovery vehicles ah-eady at its disposal: it can review the documents DIRECTV produces and then ask questions at a deposition. We thank the Comt for its consideration of these issues Respectfully submitted, ~~ Robyn Bladow cc: all counsel of record CONFIDENTIAL MATERIAL SUBJECT TO ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION EXHIBIT 1 EXHIBIT REDACTED