Northrup v. Itg Insurance Agency LLC et al

Middle District of Florida, flmd-8:2017-cv-01890

Exhibit A - Plaintiff's Revised Notice Of Deposition Of Defendant CyberX Group, LLC Under Rule 30(b)(6))(De Piano, David

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PageID 842 EXHIBIT A IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JOHN NORTHRUP, Individually and on behalf of a Class of Similarly Situated Individuals, Plaintiff, CASE NO. 8:17-cv-01890-CEH-JSS vs. Innovative Health Insurance Partners, LLC, CyberX Group, LLC, David E. Lindsey; and Independent Truckers Group, Inc., Defendants. _____________________________________/ REVISED NOTICE OF DEPOSITION OF DEFENDANT CYBERX GROUP, LLC UNDER RULE 30(b)(6) PLEASE TAKE NOTICE that the undersigned attorneys will take the Rule 30(b)(6) deposition of CYBERX GROUP, LLC ("CyberX"), on March 11, 2019, at 9:30 a.m., at the offices of Platt Cheema Richmond PLLC, located at 1201 N. Riverfront Blvd., Suite 150, Dallas, Texas 75207. The deposition will be taken by stenographic means. The deposition shall be taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the rules of Court. In preparing for and carrying out the deposition, CyberX Group, LLC is obligated to fully comply with Rule 30(b)(6) of the Federal Rules of Civil Procedure, as well as all legal decisions concerning Rule 30(b)(6) by the U.S. Supreme Court, the Eleventh Circuit Court of Appeals, and the United States District Court for the Middle District of Florida. TOPIC AREAS Through one or more officers, directors, managing agents, or other persons, who consent to testify fully and accurately on its behalf about all matters known or reasonably available to the corporation and/or organization, relating to the following subjects and/or areas of inquiry, pursuant to Federal Rule of Civil Procedure 30(b)(6): 1. How exactly you (CyberX Group, LLC), and the testifying representative(s)), your agents, and assistants (excluding defense counsel of record in these proceedings), engaged in and carried out preparations for this Rule 30(b)(6) deposition, including what areas of inquiry you can fully and/or partially address, what documents you reviewed, and full identification (by full name [first, middle and last], current work address, and whether or not presently employed by 1 PageID 843 you) of all past and present CyberX Group, LLC, employees and/or personnel, and other persons, with whom you communicated, orally and/or in writing, in preparation for this deposition. 2. Full identification and explanation of the documents you produced in response to Plaintiff's First Request for Production of Documents numbered 4-6, 8-15, 18, 21, 22, 24-27 and Defendant's responses to these requests for production, including the documents bates stamped CXG000001-27 and the Declaration of Christopher Pearson [DE 63-1], including the identification and explanation of any and all names, programs, policies, procedures, offices, codes, acronyms and/or abbreviations therein. 3. The hardware, software and equipment which You used to send the unsolicited text messages that are the subject of this action to Plaintiff and Class Members, including Twilio and the 212 Degree CRM Platform by CyberX Group LLC. 4. For all telephone numbers to which You sent text messages that are the subject of this lawsuit, describe: a. how these telephone numbers were stored; b. how these telephone numbers were produced; and c. how these telephone numbers were dialed. 5. How You operated the hardware, software and equipment contemplated in topic three to send the text messages that are the subject of this action. 6. Your use of Twilio to send text messages to telephone numbers on the Call Logs, including how You sent instructions to Twilio to send each text message, and the precise nature of any human intervention involved in your providing these instructions to Twilio to send each text message. 7. All facts, information, and circumstances known and/or reasonably ascertainable by You relating to the allegations the Complaint concerning allegations that you sent text messages to Plaintiff and/or Class Members through the use of an ATDS. (DE 38, Paragraphs 37, 46, and 73). 8. Your use of telephone number 208-209-7788 to send text messages to telephone numbers on the Call Logs. DEFINITIONS "Automatic telephone dialing system" or ("ATDS" or "autodialer") means "equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers." See 47 U.S.C. § 227(a)(1). "Call Logs" refers to the spreadsheets produced by CYBERX GROUP, LLC and filed as Docket Entries 54-5 through 54-9 in the instant action. 2 PageID 844 "Class Members" refers to the class certified by the Court in the Order [DE 79] granting class certification as follows: All cellular telephone subscribers in the United States who had a phone number listed in the Call Logs (filed at Docket Nos. 54-5 through 54-9), where the Call Logs' entry for the phone number reflects that the June 30, 2017 "Obama Care" text message was "delivered" in the "Status" column; and where the phone number was assigned to a cell phone (as opposed to a landline or VoIP line) on June 30, 2017. Id., p. 15. "Complaint" refers to the Second Amended Class Action Complaint for Statutory Damages and Injunctive Relief Under 47 U.S.C. § 227 et seq., The Telephone Consumer Protection Act – Jury Demand [DE 38], filed in the above-styled case. "Custodian" means the person(s) (as defined herein) that has charge of any document (as defined herein). "Defendant" or "You" or "Your" means or relates to CyberX Group, LLC or "CyberX", and any of its parents, affiliates, subsidiaries, divisions, segments, predecessors, successors, officers, directors, employees, or representatives. "Identify" and "Identification" mean (a) the name and address of the custodian of the document, (b) the location of the document, (c) a general description of the document, including its type (e.g., correspondence, memorandum, etc.), (d) the general subject matter of the document, (e) the date of the document, (f) the author of the document, (g) the addressee of the document, and (h) the relationship of the author and addressee to each other. "Native Format" means the original file format of an electronic file. Plaintiff requests that electronically stored information ("ESI") be produced in native format unless the parties agree on another format of production. "Plaintiff" means JOHN NORTHRUP. "Relevant Time Period" means January 1, 2017 through June 30, 2017. "TCPA" means the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. 3 PageID 845 Dated: February 19, 2019 Respectfully submitted, /s/ Seth M. Lehrman Seth M. Lehrman (Fla. Bar No. 132896) EDWARDS POTTINGER LLC 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Telephone: (954) 524-2820 Facsimile: (954) 524-2822 Email: seth@epllc.com Cory S. Fein (Pro Hac Vice) CORY FEIN LAW FIRM 712 Main St., Suite 800 Houston, TX 77002 Telephone: (281) 254-7717 Facsimile: (530)748-0601 Email: cory@coryfeinlaw.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via e-mail on February 19, 2019, on all counsel or parties of record on the Service List below. /s/ Seth M. Lehrman Seth M. Lehrman 4 PageID 846 SERVICE LIST David J. DePiano, Esq. (Fla. Bar No. 0055699) SHAPIRO BLASI WASSERMAN & HERMANN, P.A. 7777 Glades Road, Suite 400 Boca Raton, FL 33434 Telephone: (561) 477-7800 Facsimile: (561) 477-7722 E-mail: djdepiano@sbwlawfirm.com, aferreira@sbwlawfirm.com William S. Richmond, Esq. (Pro Hac Vice) PLATT CHEEMA RICHMOND PLLC 1201 N. Riverfront Blvd., Suite 150 Dallas, Texas 75207 Telephone: 214-559-2700 Facsimile: 214-559-4390 E-mail: brichmond@pcrfirm.com, eschwab@pcrfirm.com Attorneys for Defendants Innovative Health Insurance Partners, LLC; and CyberX Group LLC; David E. Lindsey; Independent Truckers Group, Inc. 5