IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARC BRAGG, Esq,, an individual, Plaintiff, : CIVILACTION Vv. : Case No. 06-4925 LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendants, LINDEN RESEARCH, INC., a corporation, Counterclaim Plaintiff, y, MARC BRAGG, an individual, Counterclaim Defendant. RESPONSE TO PLAINTIFF'S, FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS PROPOUNDING PARTY: PLAINTIFF MARC BRAGG RESPONDING PARTY: DEFENDANT LINDEN RESEARCH, INC. Ser NuMBER: One (1) Pursuant to Federal Rules of Civil Procedure Rules 26 and 34, Defendant Linden Research, Inc. (“Linden”) responds to Plaintiff Mare Bragg’s (“Bragg”) First Requests for Production of Documents (“the Requests”) as follows: 1098767 wus 11. GENERAL Response. 1, _Linden’s response to the Requests is made to the best of Linden’s current ‘employees’ present knowledge, information, and belief, This response is at all times subject to such additional or different information that discovery or further investigation may disclose and, while based on the present state of Linden’s recollection, is subject to such refreshing of recollection, and such additional knowledge of facts, as may result from Linden’s further discovery or investigation. 2. Linden reserves the right to make any use of, or to introduce at any hearing and at trial, documents responsive to the Requests but discovered or obtained subsequent to the date of Linden’s production, including, but not limited to, any documents obtained in discovery herein, Linden reserves the right to supplement its production, 3. Linden will produce responsive, non-privileged documents currently in Linden’s possession at a reasonable time and place to be agreed upon by the parties, By stating in these responses that Linden will produce documents or is searching for responsive documents, Linden does not represent that any such documents actually exist, but rather that it will make a good faith search and attempt to ascertain whether documents responsive to the Requests do, in fact, exist, and to produce such documents if they are found to exist and are within Linden’s possession, custody, or control 4. Linden will not produce documents which Linden or any other party to this litigation deems to embody material that is private, business confidential, proprietary, trade secret or otherwise protected from disclosure pursuant to Federal Rule of Civil Procedure 26(c)(7), Federal Rule of Evidence 501, California Evidence Code section 1060, California Constitution, Article 1, section 1, or other applicable laws protecting the privacy of communications and/or financial information of third parties. Under appropriate circumstances, Linden may agree to produce such documents upon the entry of, and subject to, an appropriate confidenti 'y agreement or protective order against the unauthorized use or disclosure of such information. In other circumstances, verified third-party consent may be required. 1098767 vusF 2Linden reserves the right to decide whether the documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond with the categories in the Requests, in accordance with Federal Rule of Civil Procedure 34(b). 6. Linden reserves all objections or other questions as to the competency, relevance, materiality, privilege or admissibility as evidence in any subsequent proceeding in or trial of this or any other action for any purpose whatsoever of this response and any document or thing produced in response to the Requests. 7. Linden reserves the right to object on any ground at any time to such other or supplemental requests for production as Bragg may at any time propound involving or relating to the subject matter of these Request. Il, GENERAL OBJECTIONS. Linden makes the following general objections, whether or not separately set forth response to each document request, to each and every instruction, definition, and document request made in Plaintiff's First Request for Production of Documents: 1, Linden objects generally to all Definitions, Instructions, and Document Requests inclusive, insofar as each such request seeks production of documents or information protected by the attorney-client privilege or the work product doctrine or the right of privacy under the California Constitution, article I, section 1, Such documents or information shall not be produced in response to the Requests, and any inadvertent production thereof shall not be deemed.a waiver of any privilege or right with respect to such documents or information or of any work product protection that may attach thereto. 2. Linden objects to Instruction number 3 to the extent it seeks to require Linden to identify anything other than the specific claim of privilege or work product being made and the grounds for such claim, on the ground that said instruction would subject Linden to unreasonable and undue annoyance, oppression, burden, and expense, and seeks information protected from discovery by privilege and as work product. Without waiving this objection and subject to all 1048767 visF 3other objections, privileges and exceptions set forth herein with respect to responsive documents withheld on the grounds of attomey-client privilege or attomney work product protection, Linden will identify the date, author, general nature, and recipient(s) of each document to the extent such information is ascertainable. IIL. SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS. Without waiving or limiting in any manner any of the foregoing General Objections, but rather incorporating them into each of the following responses to the extent applicable, Linden responds to the specific requests of Plaintiff's First Requests for Production of Documents as follows: REQUEST FOR PRODUCTION No. 1: Produce all documents identifie your Rule 26(a) Disclosures. RESPONSE TO REQUEST FOR PRODUCTION NO. 1: Linden objects to Request No. 1 to the extent it seeks production of documents containing the private personal and financial information of third parties as protected by applicable laws. Linden further objects to Request No. 1 to the extent it seeks production of confidential business information, which Linden will produce only upon entry of, and subject to, an appropriate confidentiality agreement or protective order governing the handling of confidential information. Subject to, and without waiving, the foregoing general and specific objections, Linden will produce non-private, unprivileged, and non-confidential documents responsive to Request No. 1 which are in Linden’s possession, custody, and control, at a reasonable time and place. Linden invites Bragg to meet and confer regarding an appropriate confidentiality agreement or protective order regarding the disclosure of confidential information. REQUEST FOR PRODUCTION No. 2: Produce all complete, unedited chat logs referenced in Defendant Linden’s counterclaim. RESPONSE TO REQUEST FOR PRODUCTION NO. 2: inden objects to Request No. 2 to the extent it seeks production of communications 1oae767 viSF 4protected by the Electronic Communications Privacy Act without the permission of the sender or intended recipient. Subject to, and without waiving, the foregoing general and specific objections, Linden will produce those portions of documents responsive to Request No. 2 in Linden’s possession, custody, and control containing communications where Bragg was the sender or intended recipient. REQUEST FOR PRODUCTION No. 3: Produce all complete document retention policies of Defendant Linden, RESPONSE TO REQUEST FOR PRODUCTION No. 3: Subject to, and without waiving, the foregoing general objections, Linden will produce any unprivileged, responsive documents in its possession, custody, and control. REQUEST FOR PRODUCTION No.. Produce all documents supporting any claims for damages raised in Defendant Linden’s counterclaim. RESPONSE TO REQUEST FOR PRODUCTION No. 4: Linden objects to Request No. 4 to the extent it seeks production of documents containing the private personal and financial information of third parties as protected by applicable laws. Linden further objects to Request No. 4 to the extent it seeks production of confidential business information, which Linden will produce only upon entry of, and subject to, an appropriate confidentiality agreement or protective order. Subject to, and without waiving, the foregoing general and specific objections, Linden will produce non-private, unprivileged, and non-confidential documents responsive to Request No. 4 which are in Linden’s possession, custody, and control at a reasonable time and place. REQUEST FOR PRODUCTION NO. 5: Produce a privilege log of any documents not produced or withheld from your response to Plaintiff’s Request for Production of Documents and Things Directed to Defendant Linden Research, Inc. 1048767 vUSE 5RESPONSE TO REQUEST FOR PRODUCTION NO. 5: Linden objects to Request No. 5 to the extent it purports to require Linden to provide a privilege log at the time of its initial production of documents responsive to Bragg’s First Requests for Production of Documents and Things Directed to Defendant Linden Research, Inc. Linden invites Bragg to confer about a mutually agreeable date for the exchange of privilege logs. a Dated: August 2, 2007 (IAA John W. Crittenden (Cal. #101634) Kathleen E. Treiber (Cal. #232353) ADMITTED PRO HAC VICE. COOLEY GODWARD KRONISH LLP 101 California Street Sth Floor San Francisco, CA. 94133 Phone: (415) 693-2000 Fax: (415) 693-2222 Laurence Z. Shiekman (#15203) ‘Thomas T. Watkinson, II (#200697) PEPPER HAMILTON LLP 3000 Two Logan Square 18th & Arch Streets Philadelphia, PA 19103 Phone: (215) 981-4000 Fax: (215) 981-4750 Attomeys for Defendant and Counterclaim Plaintiff LINDEN RESEARCH, INC. and Defendant PHILIP ROSEDALE 1048767 viSF 6CERTIFICATE OF SERVICE I, Benjamin F. Chapman, hereby certify that on August 27, 2007, a true and correct, copy of the foregoing Defendant Linden Research, Inc.’s Response to Plaintiff's First Requests for Production of Documents and Things was served via FedEx upon the following: White and Williams LLP ‘The Frick Building 437 Grant Street, Suite 1001 Pittsburgh, PA 15219-6003 Attorney for Plaintiff and Counterclaim Defendant Mare Bragg jamin F. Chapmee 1048767 WSF 7