Preview
nv | NOSSAMAN LLP
PATRICK J. RICHARD (SBN, 131046)
richard@nossaman.com D
FILECOU
50 California Street, 34th Floor SAN MATEO NTY
San Francisco, CA 94111
Telephone: :415.398.3600 SEP 28 2018
Facsimile: 415.398.2438
Clerkof jer Court
CONVO CORPORATION By.
§. ASHAR AHMED (SBN 256711)
ashar@¢onvo,com
2220 Tahiti Drive
San Ramon, CA 94582
Telephone: 415.902.9086
Attorneys for Defendant and Cross-Complainant
CONVO CORPORATION
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN MATEO
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PAIZAN BUZDAR, Case No: 17CIV03337
Plaintiff, DECLARATION OF GENESIS
17 ALEJANDRO IN SUPPORT OF CONVO
vs. CORPORATION’S OPPOSITION TO
18 MOTION TO COMPEL PRODUCTION
CONVO CORPORATION, and DOES 1 OF RESPONSIVE DOCUMENTS
19 through 10, inclusive,
Date: October 12, 2018
20 Defendant. Time: 9:00 a.m.
Dept.: Law and Motion
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Date Action Filed: July 24, 2017
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23 AND RELATED CROSS ACTIONS. BY FAK
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25 {7-0 ~03557
Dectarati
|
26 ‘on in Opposition
UE
1412874
27
28
ed.
ALEJANDRO DECLARATION ISO CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL.
56649380.v1
I, Genesis Alejandro am the Senior Practice Support Project Manager working for
Nossaman LLP specializing in eDiscovery.
Thave been involved in the Convo matter since October 2017. I have spent over 200
hours devoted to gathering, preserving, numbering and producing thousands of pages of records
from Convo and Mr. Rashid.
First, I have collected Mr. Rashid’s several e-mail accounts utilizing forensic email
collection tools and methods which maintain the integrity of the files. These collected emails
along with other files received from the client were processed and indexed into a hosted
database. Although there is an expense of about $1000 a month for this hosting service, this
10 approach his also allows us to index, accomplish an efficient search for responsive documents to
11 Plaintiffs discovery requests and produce documents maintaining their integrity. (I have
12 analyzed and assessed many of the records produced by Plaintiff, by contrast, they were not
13 handled in a manner to maintain their integrity. In many instances, Plaintiff tnerely forward e-
14 mails to his attorney, who produced them from his own e-mail box with his name on the
15 document, This does not represent the records as they are maintained in the ordinary course of
16 business and does not make it transparent to the authenticity or completeness of a document
17 produced in this fashion. I have attached a couple of examples as Exhibit A.)
18 Next, I coordinated with an outside vendor to gather Osman Rashid’s mobile messages
19 from his iCloud which from upon review of his setting on his phone and consulting with our
20 Forensic vendor was deemed to be the best source to retrieve these messages. These messages
21 were also processed and loaded into the hosted database.
22 Next, I ran word search across the various data to identify records mentioning Plaintiff,
23 Convo, Mr, Rashid, Mr. Straus (another director), Canbi (a subsidiary), Sabika (for head of
24 product development at Convo, personally involved in HR issues and compensation, and married
25 to Plaintiff), in addition to other-search terms for about 20 other names. These records were
26 screened for potential privilege by running searches for emails of counsel and their law firms,
27 including emails from the Nossaman domain. As a result of these searches, we produced 14,091
28 pages of materials to Plaintiff’s counsel.
-2-
ALEJANDRO DECLARATION ISO CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL
56649380.v1
1 I cannot, however, run a word search for “all documents that support, concern or relate to
your contention that you are not liable under the first cause of action in Plaintiff's Complaint” or
similar requests, even with the assistance of defense counsel.
I declare under penalty of perjury under the laws of the state of CA that the foregoing is
true and correct.
7
2
Genesis Algindro
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ALEJANDRO DECLARATION ISO CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL.
56649380.v1
EXHIBIT A
CTRL-20180806-0000000003
.
Message
From: Brian Hafter [brian.hafter @rimonlaw.com]
Sent: 8/6/2018 8:56:32 PM
To: Brian Hafter [brian.hafter@rimonlaw.com]
Subject: FW: Re: Discussion today and agreed upon points
Subject: Re: Discussion today and agreed upon points ©
Fro Osman Rashid
To: Faizan Buzdar
Date Sent: Sat, 25 Feb 2017 18:29:58 +0000
Date Received: Sat, 25 Feb 2017 10:30:09 -0800 (PST)
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Faizan,
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CTRL-20180806-0000000005
Message
From: Brian Hafter [brian.hafter@rimonlaw.com]
Sent: 8/6/2018 9:03:54 PM
To: Brian Hafter [brian.hafter@rimonlaw.com]
Subject: FW: Offer to Convo and Maple
Attachments: Offer to Convo and Maple.pdf; Convo Offer.pdf
Subject: Offer to Convo and Maple
From: Sajida H Khan
To: Faizan Buzdar
Date Sent: Fri, 16 Jun 2017 04:49:49 +0500
Date Received: Thu, 15 Jun 2017 16:50:20 -0700 (PDT)
vi
Osman, David, Faizan -
CTRL-20180806-0000000002
Message
From: Brian Hafter [brian hafter@rimonlaw.coml
Sent: 8/6/2018 8:57:10 PM
To: Brian Hafter [brian.hafter@rimonlaw.com]
Subject; FW: Discussion today and agreed upon points
Subject: Fwd: Discussion today and agreed upon points
From: Faizan Buzdar
To: david@reva.tec!
Date Sent: Tue, 28 Feb 2017 23:07:39 -0800
Date Received: Tue, 28 Feb 2017 23:07:39 -0800 (PST)
a
.
Hi David,
PROOF OF SERVICE
The undersigned declares:
lam employed in the County of San Francisco, State of California. I am over the age of
18 and am not a party to the within action; my business address is c/o Nossaman LLP, 50
California Street, 34th Floor, San Francisco, CA 94111.
On September 28, 2018, I served the foregoing DECLARATION OF GENESIS
ALEJANDRO IN SUPPORT OF CONVO CORPORATION’S OPPOSITION TO MOTION TO
COMPEL PRODUCTION OF RESPONSIVE DOCUMENTS on parties to the within action as
follows:
oO (By U.S. Mail) On the same date, at my said place of business, Copy enclosed in a sealed|
envelope, addressed as shown on the attached service list was placed for collection and
mailing following the usual business practice of my said employer. I am readily familiar
with my said employer's business practice for collection and processing of
correspondence for mailing with the United States Postal Service, and, pursuant to that
10 practice, the correspondence would be deposited with the United States Postal Service,
1 with postage thereon fully prepaid, on the same date at San Francisco, California.
12 (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e),
to the number(s) listed on the attached sheet. Said transmission was reported complete
13 and without error. A transmission report was properly issued by the transmitting
facsimile machine, which report states the time and date of sending and the telephone
14 number of the sending facsimile machine. A copy of that transmission report is attached
hereto.
15
(By Overnight Service) I served a true and correct copy by overnight delivery service for
16 delivery on the next business day. Each copy was enclosed in an envelope or package
designated by the express service carrier; deposited in a facility regularly maintained by
17 the express service carrier or delivered to a courier or driver authorized to receive
documents on its behalf; with delivery fees paid or provided for; addressed as shown on
18
the accompanying service list.
19
(By Electronic Service) By emailing true and correct copies to the persons at the
20 electronic notification address(es) shown on the accompanying service list. The
document(s) was/were served electronically and the transmission was reported as
21 complete and without error,
22 Executed on September 28, 2018.
23 (STATE) I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
24
(FEDERAL) I declare under penalty of perjury under the laws of the United States of
25 America that the foregoing is true and 740,
26
27
(~~
Anthony “Levinto
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PROOF OF SERVICE
56137238.v1
SERVICE LIST
Brian T. Hafter
RIMON P.C.
One Embarcadero Center #400
San Francisco, CA 94111
Tel.: (415)810-8403
Brian.hafter@rimonlaw.com
Attorneys for Plaintiff Faizan Buzdar
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PROOF OF SERVICE
56137238.v1
Preview
nv | NOSSAMAN LLP PATRICK J. RICHARD (SBN, 131046) richard@nossaman.com D FILECOU 50 California Street, 34th Floor SAN MATEO NTY San Francisco, CA 94111 Telephone: :415.398.3600 SEP 28 2018 Facsimile: 415.398.2438 Clerkof jer Court CONVO CORPORATION By. §. ASHAR AHMED (SBN 256711) ashar@¢onvo,com 2220 Tahiti Drive San Ramon, CA 94582 Telephone: 415.902.9086 Attorneys for Defendant and Cross-Complainant CONVO CORPORATION 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SAN MATEO 14 15 PAIZAN BUZDAR, Case No: 17CIV03337 Plaintiff, DECLARATION OF GENESIS 17 ALEJANDRO IN SUPPORT OF CONVO vs. CORPORATION’S OPPOSITION TO 18 MOTION TO COMPEL PRODUCTION CONVO CORPORATION, and DOES 1 OF RESPONSIVE DOCUMENTS 19 through 10, inclusive, Date: October 12, 2018 20 Defendant. Time: 9:00 a.m. Dept.: Law and Motion 21 Date Action Filed: July 24, 2017 22 23 AND RELATED CROSS ACTIONS. BY FAK 24 25 {7-0 ~03557 Dectarati | 26 ‘on in Opposition UE 1412874 27 28 ed. ALEJANDRO DECLARATION ISO CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL. 56649380.v1 I, Genesis Alejandro am the Senior Practice Support Project Manager working for Nossaman LLP specializing in eDiscovery. Thave been involved in the Convo matter since October 2017. I have spent over 200 hours devoted to gathering, preserving, numbering and producing thousands of pages of records from Convo and Mr. Rashid. First, I have collected Mr. Rashid’s several e-mail accounts utilizing forensic email collection tools and methods which maintain the integrity of the files. These collected emails along with other files received from the client were processed and indexed into a hosted database. Although there is an expense of about $1000 a month for this hosting service, this 10 approach his also allows us to index, accomplish an efficient search for responsive documents to 11 Plaintiffs discovery requests and produce documents maintaining their integrity. (I have 12 analyzed and assessed many of the records produced by Plaintiff, by contrast, they were not 13 handled in a manner to maintain their integrity. In many instances, Plaintiff tnerely forward e- 14 mails to his attorney, who produced them from his own e-mail box with his name on the 15 document, This does not represent the records as they are maintained in the ordinary course of 16 business and does not make it transparent to the authenticity or completeness of a document 17 produced in this fashion. I have attached a couple of examples as Exhibit A.) 18 Next, I coordinated with an outside vendor to gather Osman Rashid’s mobile messages 19 from his iCloud which from upon review of his setting on his phone and consulting with our 20 Forensic vendor was deemed to be the best source to retrieve these messages. These messages 21 were also processed and loaded into the hosted database. 22 Next, I ran word search across the various data to identify records mentioning Plaintiff, 23 Convo, Mr, Rashid, Mr. Straus (another director), Canbi (a subsidiary), Sabika (for head of 24 product development at Convo, personally involved in HR issues and compensation, and married 25 to Plaintiff), in addition to other-search terms for about 20 other names. These records were 26 screened for potential privilege by running searches for emails of counsel and their law firms, 27 including emails from the Nossaman domain. As a result of these searches, we produced 14,091 28 pages of materials to Plaintiff’s counsel. -2- ALEJANDRO DECLARATION ISO CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL 56649380.v1 1 I cannot, however, run a word search for “all documents that support, concern or relate to your contention that you are not liable under the first cause of action in Plaintiff's Complaint” or similar requests, even with the assistance of defense counsel. I declare under penalty of perjury under the laws of the state of CA that the foregoing is true and correct. 7 2 Genesis Algindro 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ALEJANDRO DECLARATION ISO CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL. 56649380.v1 EXHIBIT A CTRL-20180806-0000000003 . Message From: Brian Hafter [brian.hafter @rimonlaw.com] Sent: 8/6/2018 8:56:32 PM To: Brian Hafter [brian.hafter@rimonlaw.com] Subject: FW: Re: Discussion today and agreed upon points Subject: Re: Discussion today and agreed upon points © Fro Osman Rashid To: Faizan Buzdar Date Sent: Sat, 25 Feb 2017 18:29:58 +0000 Date Received: Sat, 25 Feb 2017 10:30:09 -0800 (PST) renee stern MCR Pc pee gC me me Nr enc Faizan, — Pe 7 Oe 7 oo a os on a ia fa a om a oe a eas on ro i 7 A on oa ca CTRL-20180806-0000000005 Message From: Brian Hafter [brian.hafter@rimonlaw.com] Sent: 8/6/2018 9:03:54 PM To: Brian Hafter [brian.hafter@rimonlaw.com] Subject: FW: Offer to Convo and Maple Attachments: Offer to Convo and Maple.pdf; Convo Offer.pdf Subject: Offer to Convo and Maple From: Sajida H Khan To: Faizan Buzdar Date Sent: Fri, 16 Jun 2017 04:49:49 +0500 Date Received: Thu, 15 Jun 2017 16:50:20 -0700 (PDT) vi Osman, David, Faizan - CTRL-20180806-0000000002 Message From: Brian Hafter [brian hafter@rimonlaw.coml Sent: 8/6/2018 8:57:10 PM To: Brian Hafter [brian.hafter@rimonlaw.com] Subject; FW: Discussion today and agreed upon points Subject: Fwd: Discussion today and agreed upon points From: Faizan Buzdar To: david@reva.tec! Date Sent: Tue, 28 Feb 2017 23:07:39 -0800 Date Received: Tue, 28 Feb 2017 23:07:39 -0800 (PST) a . Hi David, PROOF OF SERVICE The undersigned declares: lam employed in the County of San Francisco, State of California. I am over the age of 18 and am not a party to the within action; my business address is c/o Nossaman LLP, 50 California Street, 34th Floor, San Francisco, CA 94111. On September 28, 2018, I served the foregoing DECLARATION OF GENESIS ALEJANDRO IN SUPPORT OF CONVO CORPORATION’S OPPOSITION TO MOTION TO COMPEL PRODUCTION OF RESPONSIVE DOCUMENTS on parties to the within action as follows: oO (By U.S. Mail) On the same date, at my said place of business, Copy enclosed in a sealed| envelope, addressed as shown on the attached service list was placed for collection and mailing following the usual business practice of my said employer. I am readily familiar with my said employer's business practice for collection and processing of correspondence for mailing with the United States Postal Service, and, pursuant to that 10 practice, the correspondence would be deposited with the United States Postal Service, 1 with postage thereon fully prepaid, on the same date at San Francisco, California. 12 (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), to the number(s) listed on the attached sheet. Said transmission was reported complete 13 and without error. A transmission report was properly issued by the transmitting facsimile machine, which report states the time and date of sending and the telephone 14 number of the sending facsimile machine. A copy of that transmission report is attached hereto. 15 (By Overnight Service) I served a true and correct copy by overnight delivery service for 16 delivery on the next business day. Each copy was enclosed in an envelope or package designated by the express service carrier; deposited in a facility regularly maintained by 17 the express service carrier or delivered to a courier or driver authorized to receive documents on its behalf; with delivery fees paid or provided for; addressed as shown on 18 the accompanying service list. 19 (By Electronic Service) By emailing true and correct copies to the persons at the 20 electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as 21 complete and without error, 22 Executed on September 28, 2018. 23 (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 24 (FEDERAL) I declare under penalty of perjury under the laws of the United States of 25 America that the foregoing is true and 740, 26 27 (~~ Anthony “Levinto 28 PROOF OF SERVICE 56137238.v1 SERVICE LIST Brian T. Hafter RIMON P.C. One Embarcadero Center #400 San Francisco, CA 94111 Tel.: (415)810-8403 Brian.hafter@rimonlaw.com Attorneys for Plaintiff Faizan Buzdar 10 iW 12 13 14 15 16 17 18|| 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 56137238.v1