Free Notice (Other) - District Court of Delaware - Delaware

Case 1:07-cv-00826-SLR

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ACCENTURE GLOBAL SERVICES, GmbH ) and ACCENTURE, LLP, ) ) Plaintiffs, ) ) v. ) ) GUIDEWIRE SOFTWARE, INC., ) ) Defendant. )

C.A. No. 07-826 (SLR)

NOTICE OF SUBPOENAS TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that the attached subpoenas are being served on the following: Tab AMS Services, Inc. 11831 N. Creek Parkway North, Suite 200 Bothell, WA 98011 Applied Systems Inc. 200 Applied Parkway University Park, IL 60466 CCC Information Services Group, Inc. World Trade Center Chicago 444 Merchandise Mart Chicago, IL 60654-1005 CGI 4050 Legato Road Fairfax, VA 75240 ChoicePoint Asset Co. 170 Huyshope Avenue Hartford, CT 06106 Computer Science Corporation 3170 Fairview Park Drive Falls Church, VA 22042 A

B

C

D

E

F

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CS Stars, LLC 500 W. Monroe Street Chicago, IL 60661 DAVID Corporation 200 Pine Street, 2nd Floor San Francisco, CA 94104 Delphi Technology, Inc. One Washington Mall, 3rd Floor Boston, MA 02108 Envision Technology Solutions 10639 Welch Road Orient, OH 43146 Fineos Corporation One Main Street, 5th Floor Cambridge, MA 02142 Fiserv 225 Fisery Drive Brookfield, WI 53045 (P.O. Box 979 Brookfield, WI 53008-0979) GenSource Corporation 25572 Avenue Stanford Valencia, CA 91355 Global 360, Inc. One Lincoln Centre 5400 LBJ Freeway, Suite 300 Dallas, TX 75240 IBM Corporation 1 New Orchard Road Armonk, NY 10504-1722 The Innovation Group One Constitution Plaza, Ninth Floor Hartford, CT 06103 Risk Sciences Group 1900 E. Golf Road, Suite 700 Schaumburg, IL 60173 Valley Oak Systems, Inc. Bishop Ranch 8 5000 Executive Parkway, Suite 340 San Ramon, CA 94583

G

H

I

J

K

L

M

N

O

P

Q

R

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Julia Heaney (#3052)
Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for Defendant Guidewire Software Inc.

OF COUNSEL: Daralyn J. Durie Clement S. Roberts JuNelle Harris KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111 (415) 391-5400 June 30, 2008
2388817

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CERTIFICATE OF SERVICE I hereby certify that on June 30, 2008 I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing to:. Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP I further certify that I caused to be served copies of the foregoing document on June 30, 2008 upon the following in the manner indicated: BY ELECTRONIC MAIL Richard L. Horwitz, Esquire David E. Moore, Esquire POTTER ANDERSON & CORROON LLP 1313 North Market Street Wilmington, DE 19801 James Pooley, Esquire L. Scott Oliver, Esquire MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, CA 94304

/s/ Julia Heaney (#3052)
Julia Heaney (#3052)

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TAB A

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TAB B

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TAB C

Case 1:07-cv-00826-SLR
~ A088 (Rev. 12/07) Subpoena in a Civil Case

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Issued by the

UNITED STATES DISTRICT COURT
NORTHERN

ILLINOIS

ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE

v.
GUIDEWIRE SOFTWARE, INC.

Case Number: 07-826 (SLR)

1

USDC DISTRICT OF DELAWARE

TO: CCC Information Services Group, Inc., World Trade Center Chicago, 444 Merchandise Mart, Chicago, Illinois 60654-1005

Telephone: (800)621-8070 D YOU AR COMMED to appear in the United States District court at the place, date, and time specified below to

PLACE OF TESTIONY COURTROOM
DATE AND TIE

testify in the above case.

D YOU AR COMMED to appear at the place, date, and time specified below to testify at the taking of a deposition
PLACE OF DEPOSmON I DATE AND TI

LX YOU AR COMMED to produce and permt inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):

See Attachmment
PLACE

IKON (North)
125 South Wacker Drive, Chicago, IL 60606 Tele hone: (312) 252 -0152

DATE

AND

TIME

July 30, 2008 2:00 p.m.

D YOU AR COMMED to permt inspection of the following premises at the date and time specified below.
PREMISES
AN TIE

I DATE

Any organization not a part to this suit that is subpoenaed for the takng of a deposition shall designate one or more offcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set fort, for each person
designated, the matters on which the person wil testify. Federal Rule of

Civil Procedure 30(b)(6).
OR DEFENDANT) DATE

ISSUIG OFFICER'S SIGNATU AND TITLE (IICATE IF ATTORNEY FOR P

Attorne s for Defendant ~
ISSUIG OFFICER'S NAME, ADDRESS AN PHONE NUER

June 27 2008

Clement S. Roberts, Esq., Keker & Van Nest, LLP 710 Sansome Street, San Francisco, CA 94111
1 If action is pending in distrct other than distrct of issuance, state distrct under case number.

Telephone:

(415) 391-4500

Civil Prcedure 45 (c), (d), and (e), on next page) (See Federal Rule of

AO-88

Case 1:07-cv-00826-SLR
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)

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PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (pRIT NAME)

MAR OF SERVICE

SERVED BY (pRIT NAME)

TITE

DECLARTION OF SERVER I declare under penalty of peijur under the laws of the United States of America that the foregoing information contained
in the Proof of Servce is tre and correct.

Executed on
DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER

Federal Rule of (c) PROTECTG

Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007: A PERSON SUBCTTOA SUBPOENA. (i) shows a substantial need for the teslIny or material that cannot be otherwse
IN RESPONDINGTOA SUBPOENA.

(I) Avoidig Undue Burden or Expense; Sanctions. A part or attorney responsible for met without undue hardship; and

issuig and servg a subpoena must tae reasonable steps to avoid imosing undue buren or (ll) ensurs tht the subpoenaed person wil be reasonably compensated.
expense on a person subject to the subpoena. The issuig cour must enforce th duty and (d) DuTIS

imose an appropriate sanction - which may include lost earngs and reasonable attrney's

fees - on a part or attorney who fails to comply. (I) Producing Documnts or Electrnically Stored Inormtion. These procedures apply

(2) Commnd to Produce Materials or Pemut Inpection. to producing documnts or electronicaly stored inormtion: (A) Appearance Not Requied. A person commnded to produce documnts, (A) Documnts. A person respondig to a subpoena to produce documnts must
not appear in person at the place of production or inpection uness also commded to appear produce them as they are kept in the ordiary course of

for a deposition, hearg, or tral. to corrspond to the categories in the demad.

business or must orge and label them

(B) Objections. A person commded to produce documnts or tagible thgs or to (B) Form for Producing Electrnically Stored Informtion Not Specifed. If a

pemut inpection may serve on the par or attrney designted in the subpoena a wrttn subpoena does not specifY a form for producing electrnically stored inormtion, the person

objection to inpectig, copyig, testig or sampling any or all of the material or to inpectig respondig must produce it in a form or form in which it is ordirily maintained or in a
the premises - or to producing electronically stored inormtion in the form or form requested reasonably usable form or form.

ti specifed for compliance or 14 days (C) Electrnically Stored Informtion Produced in Ony One Form The person after the subpoena is served. If an objection is made, the followig rues apply: respondig need not produce the sam electronically stored inormtion in more th one form

The objection must be served before the earlier the of

the issuig cour for an order compelling production or inpection. provide dicovery of electrnically stored inormtion frm soures tht the person identies as

(i) At any ti, on notice to the commded person, the servg par may move (0) Inccessible Electrnically Stored Inormtion. The person responding need not

(ll) These acts may be requid only as diected in the order, and the order must not reasonably accessible because of undue burden or cost On motion to compel discovery or
protect a person who is neither a par nor a pars offcer from signcant expense resultig for a protective order, the person respondig must show tht the inormtion is not reasonably

from compliance. accessible because of undue burden or cost If that showig is made, the cour may nonetheless
(3) Quashig or Modig a Subpoena.
order dicovery frm such sources if the requestig part shows good cause, considerig the
litations of

(A) When Requid. On tily motion, the issuig cour must quah or modi a
subpoena tht

Rule 26(b)(2)(C). The cour may specif conditions for the discovery.

(2) Claimg Prviege or Prtection.
(i) fails to allow a reasonable ti to comply;
(A) Inormtion Witheld. A person witholdig subpoened inormtion under a

thn i 00 miles from where that person resides, is employed, or reguarly tracts business in person - except tht, subject to Rule 45(c)(3)(B)(iü), the person may be commded to attnd

(ll) requies a person who is neither a par nor a pars offcer to trvel more

claim tht it is privieged or subject to protection as tral-preparation material must
(i) expressly make the claim and

a tral by trvelig frm any such place with the state where the tral is held;
(iü) requies disclosur of privieged or other protected mattr, if no exception
or waiver applies; or
(iv) subjects a person to undne burden.

the (ll) descnbe the natue of witheld documts, connuncations, or tagible thgs in a maer that, without revealig inormtion itself privieged or protected,
enable the pares to assess the claim

wil

subject to a clai of priviege or of protection as tr-preartion mateal, the person mag
the clai may noti any par tht received the inormtion of the claim and the basis for it

(B) Inormtion Produced. If inormtion produced in response to a subpoena is

issuig cour may, on motion, quah or modi the subpoen ifit requies:
commrcial inormtion;

(B) When Pemuttd. To protect a person subject to or affected by a subpoena, the
(i) diclosing a trde secret or other confdential research, development, or

Afr being notied, a part must promptly retu sequeste, or destry the specifed
inormtion and any copies it has; mut not use or diclose the inormtion unti the clai is

resolved; must take reasonable stes to retreve the inormtion if the part diclosed it before

being notied; and may promptly present the inormtion to the cour under seal for a
determtion of the claim The person who produced the inormtion must preserve the

(ll) disclosing an untained expers opinon or inormtion that does not
descnbe specifc occurnces in dispute and results frm the experts stoy tht was not

inormtion unti the claim is resolved.
(e) CoNTMP.
The issuig cour may hold in contempt a person who, havig been served, fails without

requested by a part; or
(iü) a person who is neither a par nor a parts offcer to incur substatial

expense to travel more than i 00 miles to attnd tral

(C) Specifg Conditions as an Alterntive. In the circumtaces descnbed in Rule 45(c)(3)(B), the cour may, intead of quashig or modig a subpoena, order appearnce or
production under specifed conditions if the serg par:

adequate excuse to obey the subpoena. A nonpars failure to obey must be excused if the

subpoena purort to requi the nonpar to attnd or produce at a place outside the lits of
Rule 45(c)(3)(A)(ll).

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ATTACHMENT

DEFINITIONS
1. "CCC Information Services Group Inc.," "You," and/or "Your," refer to CCC

Information Services Group Inc., and to all predecessors, successors, subsidiares, divisions, parents and/or affiliates thereof, past or present, and all past or present offcers, directors, agents,
employees, consultants, representatives and any other person acting on its behalf.
2. "Accentue" refers to Accentue Global Services, GmbH, Accentue LLP,

Andersen Consulting Co., and all other predecessors, successors, subsidiares, divisions, parents
and/or affliates thereof, past or present, and all past or present officers, directors, agents,
employees, consultants, representatives and any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parership,

limited parership, joint ventue, association, joint-stock company, trst-incorporated
organization, governental, legal or political subdivision, and any non-natural persons of
whatever natue.

4. Any reference to any individual person, either singularly or as a par of a defined
group, includes that individual person's employees, agents, successors, assignees, heirs, and
representatives.
5. The term "relating to" means referrng to, concerning, pertaining to, discussing,

mentioning, containing, reflecting, evidencing, constituting, describing, displaying, showing,

identifyng, proving, disproving, consisting of, supporting or contradicting.
6. The term "any" shall mean one or more; "all" includes and encompasses "any"
and "each."

7. The term "and" as well as "or" shall be constred disjunctively or conjunctively

as necessary to bring within the scope ofthese requests all facts, documents, thigs, or
communcations that might otherwise be constred as outside the scope of these requests.

1

420269.01

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8. The term "documents" is used herein in its broadest sense and includes, without
limitation, any wrtten, recorded, or graphic matter, however produced, including but not limited

to, videotapes, photographs, memoranda, correspondence, telegrams, other wrtten

c01luncations, manuals, brochures, licenses, assignents, contracts, agreements, notes,
transcripts, précis, outlines, instrctions, checks, analyses, projections, chars, graphs, work
papers, drawings, designs, diagrams, photographs, films, newspaper clippings, records, reports,

studies, advertisements, press releases, or any other wrtings of any kind including drafts and
copies of the foregoing, which by reason of

notes, identification marks, or other modifications

are not identical to the original. The term also includes any information that is stored or carred

electronically (by means of computer equipment or otherwise) and that can be retreved in visual,
printed, audio, and/or graphic form.

INSTRUCTIONS
1. YOU are required to produce all DOCUMNTS in the maner, form, and
position in which they are kept in the ordinar course of

business, as required by Federal Rule of

Civil Procedure Rule 34(b), including, where applicable, any index tabs, file dividers,
designations, or information as to the location of

DOCUMENTS.

2. If

YOU canot respond to a document request fully, after a diligent attempt to

attain the requested information, YOU must answer the document request to the extent possible,
specify the portion of

the document request YOU are unable to answer, and provide whatever

information YOU have regarding the unanswered portion.

3. If no DOCUMENTS are responsive to a paricular request, please state that no
responsive DOCUMENTS exist.
4. In the event that any DOCUMENT called for by the document requests has been

destroyed, lost, discarded, or is otherwise no longer in YOUR possession, custody, or control,

YOU shall identify such DOCUMENT as completely as possible, and shall specify

2
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a. the identity of AN PERSON(S) who received copies of

the

DOCUMENT,
b. the natue ofthe DOCUMNT,
c. a brief description of the subject matter of

the DOCUMNT,

d. the date of disposal of the DOCUMENT,

e. the maner of disposal,
f. the reason for disposal,

g. the PERSON authorizing the disposal,
h. and the PERSON disposing of the DOCUMENT.

5. In the event AN DOCUMENT is withheld on a claim of attorney-client

privilege or work product doctrne or on AN other ground, YOU shall provide a log that

identifies AN such DOCUMNT and includes at least the following information:
a. the natue of

the DOCUMENT,

b. a brief description ofthe subject matter ofthe DOCUMENT,

c. the date of the DOCUMENT,
d. the source of

the DOCUMENT,

e. AN PERSON to whom that information was disclosed, and
f. AN fact, statute, rule, or decision upon which YOU rely in withholding
the DOCUMENT.

6. Please maintain and produce a record ofthe source of each DOCUMNT
produced. This record should include the name and location of the file where each
DOCUMNT was located and the name of

the PERSON, group, or deparment having

possession, custody, or control of each DOCUMENT.

REQUESTS FOR PRODUCTION
REQUEST NO. 1:

DOCUMENTS suffcient to show the strctue, function, and operation of existed as of May 3, 1998, and as of

Pathways as it

May 3, 1999.

3
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REQUEST NO.2: DOCUMNTS suffcient to show the strctue, fuction, and operation of AN and
ALL CCC Information Servces Group Inc. products similar or related to Pathways, suitable for use in the insurance industr, as they existed as of May 3, 1998, and as of May 3, 1999.

REQUEST NO.3:
DOCUMENTS sufficient to show the earliest date when AN and ALL products identified in Requests No. 1 and No.2 were offered for sale, sold, licensed, and used.

REQUEST NO.4: DOCUMENTS sufficient to demonstrate ACCENTUR'S knowledge of AN and ALL
products identified in Requests No.1 and No.2, including but not limited to any communcations between CCC Information Services Group Inc. and AN ACCENTUR employee or consultant regarding AN products identified in Requests No. 1 and No.2.

4
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TAB D

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~ A088 (Rev. 12/07) Subpoena in a Civil Case

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Issued by the

UNITED STATES DISTRICT COURT
EASTERN

VIRGINIA

ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE
V. GUIDEWIRE SOFTWARE, INC.
Case Number: 07-826 (SLR)
US 1

DC DISTRICT OF DELAWARE

TO: CGI 4050 Legato Road, Fairfax, Virginia 75240

Telephone: (703) 267-8000
D YOU AR COMMED to appear in the United States Distrct court at the place, date, and time specified below

to

PLACE OF TESTIMONY COURTROOM
DATE AND TIE

testify in the above case.

D YOU AR COMMED to appear at the place, date, and time specified below to testify at the taking of a deposition
PLACE OF

DEI'SmON I DATEANDTI

DO YOU AR COMMED to produce and permt inspection and copying ofthe following documents or objects atthe
place, date, and time specified below (list documents or objects): See Attachment

PLACE

DATE

AND

TIE

Ikon (McLean) 7926 Jones Branch Drive, Suite 540, McLean, VA 22102;

July 30, 2008 2:00 p.m.

Tele hone: (703) 288-9275

D YOU AR COMMED to permt inspection of the followig premises at the date and time specified below.
PREMISES

I DATE AND TIE

Any organization not a par to ths suit that is subpoenaed for the takng of a deposition shall designate one or more
offcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set fort, for each person designated, the matters on which the person wil testify. Federal Rule of Civil Procedure 30(b )(6).
ISSUIG OFFICER'S SIGNATU AND TITE (INICATE IF ATTORNY FOR~HIFF OR DEFENDANT) DATE

Attorne s for Defendant ~ . ~
ISSUIG OFFICER'S NAME, ADDRESS AN PHONE NUBER

June 27

2008

Clement S. Roberts, Keker & Van Nest LLP 710 Sansome Street, San Francisco, CA 94111
1 If action is pending in distrct other than distrct of issuance, state distrct under case number.

Telephone:

415-391-5400
AO-88

Civi Procedure 45 (c), (d), and (e), on next page) (See Federal Rile of

Case 1:07-cv-00826-SLR
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)

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PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (pRIT NAME)

MANR OF SERVICE

SERVED BY (pRIT NAME)

TITLE

DECLARTION OF SERVER
I declare under penalty of perjur under the laws of the United States of America that the foregoing information contained
in the Proof of Servce is tre and correct.

Executed on
DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER

Federal Rule of (c) PROTECTG

Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
A PERSON SUBCTTOA SUBPOENA.

(I) A voidig Undue Burden or Expense; Sanctions. A part or attrney responsible for issuig and servg a subpoena must tae reasonable stes to avoid imosing undue burden or

(i) shows a substantial need for the testiny or matenal that cannot be otherwe
met without undue harhip; and

expene on a person subject to the subpoena. The issuig cour must enforce ths duty and imose an appropnate sanction - which may include lost earngs and reaonable attrney's
fees - on a part or attrney who fails to comply.

(ii) ensures tht the subpoenaed person wil be reasonably compensated.
(d) DuTIS IN RESPONDINGTOA SUBPOENA.

(2) Commnd to Produce Matenals or Permt Inpection.
not appear in person at the place of production or inpection uness also commded to appear
for a deposition, heanng, or maL.

to producing documnts or electronically stored inonntion:

(I) Prducing Documnts or Electronically Stored Infonntion. These procedurs apply
(A) Documnts. A person respondig to a subpoena to produce documents must

(A) Appearance Not ReqlÚed. A person commnded to produce documnts,
(B) Objections. A person commded to produce documnts or tangible thgs or to

produce them as they are kept in the ordiary course business of

or must organie and label.them

to correspond to the categones in the demad.

permt inpection may serve on the part or attorney designated in the subpoena a wntten

objection to inpectig, copyig, testig or samplig any or all of the mateals or to inpectig
the premies - or to producing electronically stored inonntion in the form or form requested.
The objection must be sered before the earlier of ti specifed for compliance or 14 days the

subpoena does not specif a form for producing electrnically stored inonntion, the person

(B) Form for Producing Electrnically Stored Infonntion Not Specifed. If a

respondig must produce it in a form or form in which it is ordiany maintaed or in a
reasonably usable form or form.

aftr the subpoena is served. If an objection is made, the followig rWes apply:

respondig need not produce the same electrnically stored inonntion in more than one fonn

(C) Electronically Stored Infonntion Produced in Ony One Fonn The person

protect a person who is neither a par nor a part's offcer frm signcant expense reslÙtig
frm compliance.

(i) At any ti, on notice to the commnded person, the servg part may move the issuig cour for an order compelling production or inection. (n) These acts may be requied only as dicted in the order, and the order must

CD) Inaccessible Electronically Stored Inonntion. The person responding need not provide discovery of electrnically stored inormtion frm soures tht the person identies as not reasonably accessible because of undue burden or cost On motion to compel discover or

for a protective order, the person respondig must show tht the inonntion is not reasonably accessible becanse of undue burden or cost If that showig is made, the cour may nonetheless
order discovery from such soures if the requestig par shows good cause, considenng the

(3) Quashig or Modig a Subpoena. (A) When Reqnid. On tily motion, the issuig cour must quah or modi a
subpoena that:

litations ofRlÙe 26(b)(2)(C). The cour may specifY conditions for the discovery.

(2) Claimg Pnviege or Protection.
(i) fails to allow a reasonable ti to comply;
(n) reqlÚes a person who is neither a part nor a pars offcer to trvel more

(A) Inonntion Witheld. A person witholdig subpoened inonntion under a

claim tht it is pnvileged or subject to protection as mal-prepartion matenal must:
(i) expressly make the claim and

thn 100 mies frm where tht person resides, is employed, or reglarly trsacts business in
person - except tht, subject to RlÙe 45(c)(3)(B)(il), the person may be commnded to attnd
a mal by trvelig frm any such place with the state where the mal is held;

(n) descnbe the natu of the witheld documnts, communcations, or
tangible thgs in a maer tht, without revealing inonntion itself pnvieged or protected, wi

(il) reqnis disclosure of pnvileged or other protecte mattr, if no exception
or waiver applies; or
(iv) subjects a person to undue burden.
(B)

enable the pares to assess the claim
(B) Inonntion Produced. If inonntion produced in response to a subpoena is

subject to a clai of pnviege or of protection as mal-prepartion matenal, the person mag
the clai may noti any par tht received the inonntion of the claim and the basis for it

When Permtted. To protect a person subject to or afected by a subpoena, the
(i) disclosing a trde secret or other confdential researh, development, or

issuig cour may, on motion, quah or modi the subpoen if it reqlÚes:
commrcial inonntion;

Afer being notied, a part mnst promptly retu sequester, or destry the specifed
inonntion and any copies it has; must not use or disclose the inonntion unti the clai is
resolved; must tae reasonable steps to remeve the inonntion if the par disclosed it before

being notied; and may promptly present the inonntion to the cour under seal for a

(n) disclosing an uutained experts opinon or inonntion tht does not
descnbe specifc occurences in dispute and reslÙts frm the experts stuy that was not
requested by a par; or

determation of the claim The person who produced the inonntion must preserve the
inonntion unti the claim is resolved.

(il) a person who is neither a par nor a pars offcer to incur substantial

expense to travel more than lOa mies to attnd mal

(e) CoNTMPT

The issuig cour may hold in contempt a person who, havig been served, fail without

(C) Specifg Conditions as an Alternative. In the circumtaces descnbed in RlÙe 45(c)(3)(B), the cour may, intead of quahig or modig a subpoen, order appearnce or
production under specifed conditions if the servg par:

adequate excuse to obey the subpoena. A nonpart's failur to obey must be excused if the

subpoena purort to reqni the nonpar to attend or produce at a place outside the lits of
RlÙe 45(c)(3)(A)(n).

Case 1:07-cv-00826-SLR

Document 58-2

Filed 06/30/2008

Page 24 of 62

ATTACHMENT DEFINITIONS

1. "CGI," "You," and/or "Your," refer to CGI, and to all predecessors, successors,
subsidiares, divisions, parents and/or affliates thereof, past or present, and all past or present
officers, directors, agents, employees, consultants, representatives and any other person acting on
its behalf.
2. "Accentue" refers to Accentue Global Services, GmbH, Accentue LLP,

Andersen Consulting Co., and all other predecessors, successors, subsidiares, divisions, parents
and/or affliates thereof, past or present, and all past or present officers, directors, agents,
employees, consultants, representatives and any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parership,
limited parnership, joint ventue, association, joint-stock company,

trst-incorporated

organzation, governental, legal or political subdivision, and any non.:natural persons of
whatever natue.
4. Any reference to any individual person, either singularly

or as a par of a defined

group, includes that individual person's employees, agents, successors, assignees, heirs, and
representatives.
5. The term "relating to" means referrng to, concernng, pertaining to, discussing,

mentioning, containing, reflecting, evidencing, constituting, describing, displaying, showing,

identifyng, proving, disproving, consisting of, supporting or contradicting.
6. The term "any" shall mean one or more; "all" includes and encompasses "any"
and "each."

7. The term "and" as well as "or" shall be constred disjunctively or conjunctively

as necessar to bring within the scope of these requests all facts, documents, things, or

communcations that might otherwise be constred as outside the scope of these requests.

1

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Case 1:07-cv-00826-SLR

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8. The term "documents" is used herein in its broadest sense and includes, without
limitation, any wrtten, recorded, or graphic matter, however produced, including but not limited

to, videotapes, photographs, memoranda, correspondence, telegrams, other wrtten

communcations, manuals, brochures, licenses, assignents, contracts, agreements, notes,
transcripts, précis, outlines, instrctions, checks, analyses, projections, chars, graphs, work
papers, drawings, designs, diagrams, photographs, films, newspaper clippings, records, reports,

studies, advertisements, press releases, or any other wrtings of any kind including drafts and
copies of the foregoing, which by reason of notes, identification marks, or other modifications
are not identical to the original. The tetm also includes any information that is stored or carred

electronically (by means of computer equipment or otherwise) and that can be retreved in visual,
printed, audio, and/or graphic form.

INSTRUCTIONS
1. YOU are required to produce all DOCUMENTS in the maner, form, and
position in which they are kept in the ordinar course of

business, as required by Federal Rule of

Civil Procedure Rule 34(b), including, where applicable, any index tabs, file dividers,
designations, or information as to the location of

DOCUMENTS.

2. If

YOU canot respond to a document request fully, after a diligent attempt to

attain the requested information, YOU must answer the document request to the extent possible,

specify the portion ofthe document request YOU are unable to answer, and provide whatever
information YOU have regarding the unanswered portion.

3. Ifno DOCUMENTS are responsive to a paricular request, please state that no
responsive DOCUMENTS exist.
4. In the event that any DOCUMENT called for by the document requests has been

destroyed, lost, discarded, or is otherwise no longer in YOUR possession, custody, or control,

YOU shall identify such DOCUMENT as completely as possible, and shall specify

2
420283.01

Case 1:07-cv-00826-SLR

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a. the identity of AN PERSON(S) who received copies ofthe

DOCUMENT,
b. the natue ofthe DOCUMENT,

c. a brief description ofthe subject matter ofthe DOCUMNT,
d. the date of disposal of

the DOCUMENT,

e. the maner of disposal,
f. the reason for disposal,

g. the PERSON authorizing the disposal,
h. and the PERSON disposing of the DOCUMENT.

5. In the event AN DOCUMENT is withheld on a claim of attorney-client

privilege or work product doctrne or on AN other ground, YOU shall provide a log that
identifies AN such DOCUMENT and includes at least the following information:
a. the natue of

the DOCUMENT,

b. a brief description ofthe subject matter of

the DOCUMENT,

c. the date ofthe DOCUMENT,
d. the source of

the DOCUMENT,

e. AN PERSON to whom that information was disclosed, and
f. AN fact, statute, rule, or decision upon which YOU rely in withholding
the DOCUMENT.
6. Please maintain and produce a record ofthe source of each DOCUMENT
produced. This record should include the name and location of the file where each

DOCUMENT was located and the name ofthe PERSON, group, or deparment having
possession, custody, or control of each DOCUMENT.

REQUESTS FOR PRODUCTION

REQUEST NO.1: DOCUMENTS suffcient to show the strctue, fuction, and operation of CaseFlow as it
existed as of May 3, 1998, and as of

May 3, 1999.

3
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REQUEST NO.2: DOCUMNTS sufficient to show the strctue, function, and operation of AN and
ALL CGI products similar or related to CaseFlow, suitable for use in the insurance industr, as
they existed as of May 3, 1998, and as of

May 3, 1999.

REQUEST NO.3: DOCUMNTS sufficient to show the earliest date when AN and ALL products
identified in Requests No. 1 and No.2 were offered for sale, sold, licensed, and used.

REQUEST NO.4: DOCUMENTS sufficient to demonstrate ACCENTUR'S knowledge of AN and ALL
products identified in Requests No. 1 and No.2, including but not limited to any

communcations between CGI and AN ACCENTUR employee or consultant regarding AN products identified in Requests No. 1 and No.2.

4
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TAB E

Case 1:07-cv-00826-SLR
~ A088 (Rev. 12/07) Subpoena in a Civil Case

Document 58-2

Filed 06/30/2008

Page 29 of 62

Issued by the

UNITED STATES DISTRICT COURT
CONNECTICUT

ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE

v.
GUIDEWIRE SOFTWARE, INC.

Case Number: 07-826 (SLR)
USDC DISTRICT OF DELAWARE

i

TO: ChoicePoint Asset Co. 170 Huyshope Avenue, Hartford, Connecticut 06106 Telephone: (860) 616-7721

D YOU AR COMMED to appear in the United States Distrct cour at the place, date, and time specified below to

PLACE OF TESTIMONY COURTROOM
DATE AND

testify in the above case.

TIME

D YOU AR COMMED to appear at the place, date, and time specified below to testify at the taking of a deposition
PlACE OF DEPmON I DATE

AN TIME

IJ YOU AR COMMED to produce and permt inspection and copyíng ofthe following documents or objects at the
place, date, and time specified below (list documents or objects): See Attachment

PLACE

Ikon,

DATE AN TIME

280 Trumbull St., 3rd Floor, Hartford, CT 06103 Tele hone: (860)278-1555

July 30, 2008 2:00 p.m.

D YOU AR COMMED to permt inspection of the following premises at the date and time specified below.
PREMISES

I DATEWD~
Any organization not a par to ths suit that is subpoenaed for the takng of a deposition shall designate one or more
offcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person wil testify. Federal Rule of Civil Procedure 30(b)(6). ISSUIG OFFICER'S SIGNATU AN TIE (~ICATE IF ATTORN FOR P~ O:-DEFEi~~ANT) DATE

Attorne s for Defendant . - ~ .
ISSUIG OFFICER'S NAME, ADDRESS AND PHONE NUBER

June 27

2008

Clement S. Roberts, Keker & Van Nest LLP 710 San Sansome Street, San Francisco, CA 94111
Civil (See Federal Rule of

Telephone:

415-391-5400
AO-88

Prcedure 45 (c), (d), and (e), on next page)

i If action is pending in distrct other than distrct of issuance, state distrct under case number.

Case 1:07-cv-00826-SLR
A088 (Rev. 12/07) Subpoena in a Civil Case (Page 2)

Document 58-2

Filed 06/30/2008

Page 30 of 62

PROOF OF SERVICE
DATE
PLACE

SERVED
SERVED ON (pRIT NAME)

MANNR OF SERVICE

SERVED BY (pRIT NAME)

TITLE

DECLARTION

OF SERVER

I declare under penalty of perjur under the laws of the United States of America that the foregoing information contained
in the Proof of Servce is tre and correct.

Executed on
DATE

SIGNATU OF SERVER

ADDRESS OF SERVER

Federal Rule of (c) PROTECTG

Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:

A PERSON SUBJCTTOA SUBPOENA. (i) shows a substantial need for the testiny or material that cannot be otherwe
IN RESPONnINGTOA SUBPOENA.

(I) Avoidig Undue Burden or Expense; Sanctions. A par or attrney responsible for met without undue hardship; and

issuig and servg a subpoena must tae reasonable stes to avoid imosing undue burden or (ü) ensurs tht the subpoenaed person wi be reasonably compensated.
expene on a person subject to the subpoena. The issuig cour must enforce ths duty and (d) DuTIS

imose an appropriate sanction - which may include lost earngs and reasonable attrney's

fees - on a part or attrney who fails to comply. (I) Producing Documnts or Electrnically Stored Inormtion. These procedurs apply

(2) Commd to Prduce Materials or Permt Inpection. to producing documnts or electronically stored inormtion: (A) Appearance Not Requied. A person commded to produce documents, (A) Documnts. A peron respondig to a subpoena to produce documnts must
not appear in person at the place of production or inection uuess also commded to appear produce them as they ar kept in the ordi course of

business or must organie and label them

for a deposition, hearg, or tral. to correspond to the categories in the demand.
(B) Objections. A person commded to produce documnts or tagible thgs or to (B) Form for Producing Electronically Stored Informtion Not Specifed. If a

permt inpection may serve on the par or attrney designted in the subpoena a wrttn subpoena does not specif a form for producing electronically stored inormtion, the person

objection to inpectig, copyig, testig or samling any or all of the material or to inectig respondig must produce it in a form or form in which it is ordiary maintaed or in a
the premies - or to producing electronically stored inormtion in the form or form requested. reasonably usable form or form.
The objection must be sered before the earlier of

the ti specifed for compliance or 14 days (C) Electrnically Stored Inormtion Prduced in Ony One Form The person after the subpoena is served. If an objection is made, the followig rues apply: respondig need not produce the same electrnically stored inormtion in more th one form
(i) At any ti, on notice to the commnded person, the servg par rny move (D) Inaccessible Electronically Stored Inormtion. The person responding need not

the issuig cour for an order compellg production or inspection. provide discoveiy of electrnically stored inormtion from soures tht the person identies as

(ü) These acts may be reqnid ouly as dicted in the order, and the order must not reasonably accessible because of undue burden or cost On motion to compel discoveiy or protet a person who is neither a par nor a part's offcer from signcat expense resultig for a protective order, the person respondig must show tht the inormtion is not reasonably

from compliance. accessible because of undue burden or cost If tht showig is made, the cour may nonetheless
(3) Qnashig or Modig a Subpoena.
(A) When Requied. On tily motion, the issuig cour must qnah or modi a
subpoena tht:
litations of

order discoveiy from such soures if the requestig part shows good cause, considerg the
Rule 26(b)(2)(C). The cour may specif conditions for the discoveiy.

(2) Claimg Prviege or Prtection.
(i) fais to allow a reasonable ti to comply;
(ü) requies a person who is neither a par nor a pars offcer to trvel more

(A) Inormtion Witheld. A person witholdig subpoenaed inormtion under a

claim tht it is privileged or subject to protection as tral-prearation material must

than 100 mies frm where tht person resides, is employed, or reguarly trnsacts business in
person - except tht, subject to Rule 45(c)(3)(B)(il), the person may be commded to attnd

(i) expressly mae the claim and
(ü) descnbe the natu of the witheld documts, communcations, or

a tral by trvelig from any such place with the state where the tral is held;
(il) reqnis dilosure of privieged or other protecte mattr, if no exception

tagible thgs in a maer that, without revealig inormtion itself privileged or protected, wi
enable the pares to assess the clam

or waiver applies; or
(iv) subjects a person to undue burden.

(B) Inormtion Produced. If inormtion produced in response to a subpoena is
subject to a claim of privilege or of protection as tral-prearation mateal, the person mag

(B) When Permttd. To protect a person subject to or affected by a subpoena, the
issuig cour may, on motion, qnah or modi the subpoen if

the claim may noti any par tht received the inormtion of the claim and the basis for it

it requies:

Afr being notied, a par must promptly retu sequester, or destroy the specifed
inormtion and any copies it ha; must not use or diclose the inormtion unti the clai is
resolved; must take reasonable stes to retreve the inormtion if the par diclosed it before

(i) disclosing a trde secret or other confdential research, development, or

commrcial inormtion;

being notied; and may promptly present the inormtion to the cour under seal for a
determtion of the clam The person who produced the inormtion must preserve the
inormtion unti the claim is resolved.

descnbe specifc occurnces in diut and results from the experts study tht was not
requested by a par; or

. (ü) diclosing an untained experts opinon or inormtion tht does not

(il) a pern who is neither a par nor a pars offcer to incur substatial
expense to trvel more th 100 mies to attnd tral

(e) CoNTMP. The issuig cour may hold in contempt a person who, havig been served, fail without

45(c)(3)(B), the cour may, intead of qnahig or modig a subpoena, order appearce or production under specifed conditions if the serg part:

(C) Specifg Conditions as an Alterntive. In the circumtaces descnbed in Rule

adequate excuse to obey the subpoena. A nonpars failur to obey must be excused if the

subpoena puror to reqni the nonpar to attnd or produce at a place outside the lits of
Rule 45(c)(3)(A)(ü).

Case 1:07-cv-00826-SLR

Document 58-2

Filed 06/30/2008

Page 31 of 62

ATTACHMENT
DEFINITIONS
1. "ChoicePoint Asset Co.," "You," and/or "Your," refer to ChoicePoint AssetCo.,

and to all predecessors, successors, subsidiaries, divisions, parents and/or affliates thereof, past

or present, and all past or present offcers, directors, agents, employees, consultants,
representatives and any other person acting on its behalf.
2. "Accentue" refers to Accentue Global Services, GmbH, Accenture LLP,

Andersen Consulting Co., and all other predecessors, successors, subsidiares, divisions, parents
and/or affiliates thereof, past or present, and all past or present offcers, directors, agents,
employees, consultants, representatives and any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parership,

limited partership, joint ventue, association, joint-stock company, trst-incorporated
organzation, governental, legal or political subdivision, andany non-natual persons of
whatever natue.

4. Any reference to any individual person, either singularly or as a par of a defined

group, includes that individual person's employees, agents, successors, assignees, heirs, and
representatives.
5. The term "relating to" means referrng to, concerning, pertaining to, discussing,

mentioning, containing, reflecting, evidencing, constituting, describing, displaying, showing,

identifyng, proving, disproving, consisting of, supporting or contradicting.
6. The term "any" shall mean one or more; "all" includes and encompasses "any"

and "each."
7. The term "and" as well as "or" shall be construed disjunctively or conjunctively
as necessar to bring withi the scope of

these requests all facts, documents, things, or

communcations that might otherwise be constred as outside the scope of these requests.

1

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Case 1:07-cv-00826-SLR

Document 58-2

Filed 06/30/2008

Page 32 of 62

8. The term "documents" is used herein in its broadest sense and includes, without
limitation, any wrtten, recorded, or graphic matter, however produced, including but not limited

to, videotapes, photographs, memoranda, correspondence, telegrams, other wrtten

communcations, manuals, brochures, licenses, assignents, contracts, agreements, notes,
transcripts, précis, outlines, instrctions, checks, analyses, projections, chars, graphs, work
papers, drawings, designs, diagrams, photographs, films, newspaper clippings, records, reports,

studies, advertisements, press releases, or any other wrtings of any kid including drafts and
copies of the foregoing, which by reason of

notes, identification marks, or other modifications

are not identical to the originaL. The term also includes ,¡any information that is stored or cared

electronically (by means of computer equipment or otherwise) and that. can be retreved in visual,
printed, audio, and/or graphic form.

INSTRUCTIONS
1. YOU are required to produce all DOCUMNTS in the maner, form, and
position in which they are kept in the ordinary course of

business, as required by Federal Rule of

Civil Procedure Rule 34(b), including, where applicable, any index tabs, file dividers,
designations, or information as to the location of

DOCUMENTS.

2. If

YOU canot respond to a document request fully, after a diligent attempt to

attain the requested information, YOU must answer the document request to the extent possible,

specify the portion ofthe document request YOU are unable to answer, and provide whatever
information YOU have regarding the unanswered portion.

3. Ifno DOCUMENTS are responsive to a paricular request, please state that no
responsive DOCUMNTS exist.
4. In the event that any DOCUMENT called for by the document requests has been

destroyed, lost, discarded, or is otherwise no longer in YOUR possession, custody, or control,

YOU shall identify such DOCUMNT as completely as possible, and shall specify

2
420284.01

Case 1:07-cv-00826-SLR

Document 58-2

Filed 06/30/2008

Page 33 of 62

a. the identity of AN PERSON(S) who received copies ofthe

DOCUMENT,
b. the natue ofthe DOCUMNT,
c. a brief description of the subject matter of

the DOCUMENT,

d. the date of disposal of the DOCUMENT,

e. the maner of disposal,
f. the reason for disposal,

g. the PERSON authorizing the disposal,
h. and the PERSON disposing of the DOCUMENT.

5. In the event AN DOCUMENT is withheld on a claim of attorney-client
privilege or work

product doctre or on AN other ground, YOU shall provide a log that

identifies AN such DOCUMENT and includes at least the following information:
a. the natue ofthe DOCUMENT,
b. a brief description ofthe subject

matter ofthe DOCUMENT,

c. the date of the DOCUMENT,
d. the source of the DOCUMENT,

e. AN PERSON to whom that information was disclosed, and
f. AN fact, statute, rule, or decision upon which YOU rely in withholding
the DOCUMENT.
6. Please maintain and produce a record of

the source of each DOCUMENT

produced. This record should include the name and location of the file where each

DOCUMENT was located and the name ofthe PERSON, group, or deparment having
possession, custody, or control of each DOCUMENT.

REQUESTS FOR PRODUCTION

REQUEST NO.1:
DOCUMENTS sufficient to show the strctue, function, and operation of existed as of May 3, 1998, and as of

Pyramid as it

May 3, 1999.

3
420284.01

Case 1:07-cv-00826-SLR

Document 58-2

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Page 34 of 62

REQUEST NO.2: DOCUMNTS suffcient to show the strctue, function, and operation of AN and
ALL ChoicePoint Asset Co. products similar or related to Pyramd, suitable for use in the insurance industr, as they existed as of May 3, 1999. May 3, 1998, and as of
, ¡.

REQUEST NO.3:
DOCUMENTS sufficient to show the earliest date when AN and ALL products identified in Requests No. i and No.2 were offered for sale, sold, licensed, and used.

REQUEST NO.4: DOCUMNTS sufficient to demonstrate ACCENTUR'S knowledge of AN and ALL
products identified in Requests No. i and No.2, including but not limited to any communcations between ChoicePoint Asset Co. and AN ACCENTUR employee or consultant regarding AN products identified in Requests No.1 and No.2.

4
420284.01

Case 1:07-cv-00826-SLR

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Page 35 of 62

TAB F

Case 1:07-cv-00826-SLR
~ A088 (Rev. 12/07) Subpoena in a Civil Case

Document 58-2
Issued by the

Filed 06/30/2008

Page 36 of 62

UNITED STATES DISTRICT COURT
EASTERN

VIRGINIA

ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE

v.
GUIDEWIRE SOFTWARE, INC.

1

Case Number: 07-826 (SLR)

USDC DISTRICT OF DELAWARE

TO: Computer Science Corporation 3170 Fairview Park Drive, Falls Church, VA 22042 Telephone: 703 -876-1000 D YOU AR COMMED to appear in the United States Distrct court at the place, date, and time specified below to testifY in the above case.

PLACE OF TESTIMONY COURTROOM

DATE AND TIME

~æ=~ i~-~
place, date, and time specified below (list documents or objects): See Attachment
PLACE

D YOU AR COMMED to appear at the place, date, and time specified below to testifY at the taking of a deposition

Li YOU AR COMMED to produce and permt inspection and copying ofthe following documents or objects at the

DATE AND TIME

Ikon, 7926 Jones Branch Drive, Ste. 540, McLean, VA 22102 Contact: TJ Stamerro (Ops)

July 30, 2008 2:00 p.m.

D YOU AR COMMED to permt inspection of the followig premises at the date and time specified below.
PREMISES

I DAlEANDTIE
Any organization not a par to ths suit that is subpoenaed for the takng of a deposition shall designate one or more

officers, directors, or managing agents, or other persons who consent to testifY on its behalf, and may set fort, for each person
designated, the matters on which the person wil testifY. Federal Rule of

Civil Procedure 30(b)(6).

ISSUIG OFFICER'S SIGNATU AN TITLE (INDICATE IF ATTORNEY FOR PLATI OR DEFENDANT) DATE

Attorne s for Defendant
ISSUIG OFFICER'S NAME, ADDRESS AND PHONE NUBER

June 27 2008
Telephone: (415) 391-4500

Clement S. Roberts, Esq., Keker & Van Nest, LLP 710 Sansome Street, San Francisco, CA 94111
1 If action is pending in distrct other than distrct of issuance, state distrct under case number.

Civi Procedure 45 (c), (d), and (e), on next page) (See Federal RlÙe of

AD-88

Case 1:07-cv-00826-SLR
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)

Document 58-2

Filed 06/30/2008

Page 37 of 62

PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (pRIT NAME)

MANER OF SERVICE

SERVED BY (pRIT NAME)

TIE
DECLARTION OF SERVER

I declare under penalty of

perjury under the laws of

the United States of America that the foregoing information contained

in the Proof of Servce is tre and correct.

Executed on
DATE

SIGNATUR OF SERVER

ADDRESS OF SERVER

Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007: (c) PROTECIGA PERSON SUBCTTOA SUBPOENA. (i) shows a substatial need for the testiny or material that cannot be otherwe
Federal Rule of

(1) Avoidig Undue Burden or Expense; Sanctions. A part or attorney responsible for met without undue hardship; and

issuig and servg a subpoena must tae reasonable steps to avoid imosing undue burden or (n) ensurs tht the subpoenaed person wil be reasonably compensated.

expense on a person subject to the suboena. The issuig cour must enforce ths duty and
imose an appropriate sanction - which may include lost eargs and reasonable attorney's (d) DuTIS

IN RESPONDINGTOA SUBPOENA.

fees - on a part or attrney who fails to comply. (1) Prducing Documnts or Electrnically Stored Inormtion. These procedurs apply

(2) Commd to Produce Materials or Pennt Inspection. to producing documnts or electronically stored inormtion: (A) Appearance Not Requied. A person commnded to produce documnts, (A) Documnts. A peron respondig to a subpoena to produce documnts must
not appear in person at the place of production or inpection uness also commded to appear produce them as they ar kept in thè ordry course of

business or must organe and label them

for a deposition, hearg, or tral. to correspond to the categories in the demand.
(B) Objections. A person connnded to produce documnts or tagible thgs or to (B) Form for Producing Electrnically Stored Informtion Not Specifed. If a

pennt inpection may serve on the part or attrney designted in the subpoena a wrttn subpoena does not specif a form for producing electronically stored inormtion, the person

objection to inpectig, copyig, testig or samlig any or all of the materials or to inpectig respondig must produce it in a form or form in which it is ordiriy maintaed or in a
the premies - or to producing electronically stored inormtion in the form or form requested. reasonably usable form or form.
The objection mut be served before the earlier of the

the issuig cour for an order compelling production or inpection. provide discovery of electrnically stored inormtion frm soures tht the person identies as

ti specifed for compliance or 14 days (C) Electrnically Stored Informtion Produced in Only One Form The person aftr the subpoena is served. If an objection is made, the followig r1es apply: respondig need not produce the sa electronically stored inormtion in more thn one form (i) At any ti, on notice to the commnded person, the servg par may move (0) Inccessible Electrnically Stored Inormtion. The person responding need not
(n) These acts may be reqnid only as diected in the order, and the order must not reasonably accessible because of undue burden or cost On motion to compel discover or

protect a person who is neither a par nor a parts offcer frm signcat expense reslÙtig for a protective order, the person respondig must show tht the inormtion is not reasonably

from compliance. accessible because of undue burden or cost If that showig is made, the cour may nonetheless
(A) When Reqnid. On tily motion, the issuig cour must quah or modi a litations ofRlÙe 26(b)(2)(C). The cour may specif conditions for the discovery.
(i) fails to allow a reasonable ti to comply; (A) Inormtion Witheld. A person witholdig subpoenaed inormtion under a claim that it is privieged or subject to protection as tral-preartion material must:

(3) Qnashig or Modig a Subpoena. order discovery frm such sources if the requestig par shows good cause, considerg the

subpoena that: (2) Claimg Prviege or Prtection.
(n) requies a person who is neither a par nor a pars offcer to trvel more
person - except tht, subject to RlÙe 45(c)(3)(B)(il), the person may be commded to attd (ii) descnòe the natu of

th 100 ines frm where tht person resides, is employed, or reglarly trnsacts business in (i) expressly mae the claim and
a tral by trvelig frm any such place with the state where the trl is held; tagiòle thgs in a manner tht, without revealig inormtion itself

the witheld documts, connuncations, or privieged or protected, wi

or waiver applies; or (B) Inormtion Produced. If inormtion produced in response to a snbpoena is (iv) subjects a person to undue burden. subject to a claim of priviege or of protection as tral-preartion mateal, the person mag
issuig cour may, on motion, quah or modi the subpoena ifit reqnis: inormtion and any copies it has; mut not use or diclose the inormtion unti the clai is
(B) When Pennttd. To protect a person subject to or affected by a subpoena, the Af being notied, a par must promptly retu sequester, or destry the specifed

(il) reqnis disclosur of privileged or other protected mattr, if no exception enable the pares to assess the claim

the clai may noti any part tht received the inormtion of the claim and the basis for it

connercial inormtion; being notied; and may promptly present the inormtion to the cour under seal for a
(n) disclosing an untained expers opinon or inormtion tht does not determtion of the claim The person who produced the inormtion must preserve the descnòe specifc occurnces in dispute and reslÙts frm the experts study tht was not inormtion unti the claim is resolved.
requested by a par; or

(i) diclosing a trde secrt or other confdential research, development, or resolved; must tae reasonable stes to retreve the inormtion if the par diclosed it before

(il) a person who is neither a par nor a pars offcer to incur substatial
expense to travel more th 100 ines to attnd tral

( e) CoNTMP. The issuig cour may hold in contempt a person who, havig been served, fail without

(C) Specifg Conditions as an Alterntive. In the circintances descnòed in RlÙe 45(c)(3)(), the cour may, intead of quashig or modig a subpoena, order appearce or
production under specifed conditions if the serg par:

adequate excuse to obey the suboena A nonpars failur to obey must be excused if the subpoena purort to reqni the nonpar to attnd or produce at a place outside the lits of
RlÙe 45(c)(3XA)(n).

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ATTACHMENT

DEFINITIONS
1. "Computer Science Corporation," "You," and/or "Your," refer to Computer

Science Corporation, and to all predecessors, successors, subsidiares, divisions, parents and/or
affiliates thereof, past or present, and all past or present offcers, directors, agents, employees,
consultants, representatives and any other person acting on its behalf.
2. "Accentue" refers to Accentue Global Services, GmbH, Accentue LLP,

Andersen Consulting Co., and all other predecessors, successors, subsidiares, divisions, parents
and/or affiliates thereof, past or present, and all past or present offcers, directors, agents,
employees, consultants, representatives and any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parership,

limited parership, joint ventue, association, joint-stock company, trst-incorporated
organzation, governental, legal or political subdivision, and any non-natual persons of
whatever natue.

4. Any reference to any individual person, either singularly or as a par of a defined
group, includes that individual person's employees, agents, successors, assignees, heirs, and
representatives.
5. The term "relating to" means referrng to, concerning, pertaining to, discussing,

mentionig, containing, reflecting, evidencing, constituting, describing, displaying, showing,
identifyng, proving, disproving, consisting of, supporting or contradicting.
6. The term "any" shall mean one or more; "all" includes and encompasses "any"

and "each."
7. The term "and" as well as "or" shall be constred disjunctively or conjunctively

as necessar to bring within the scope of these requests all facts, documents, things, or

communcations that might otherwise be constred as outside the scope of these requests.

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8. The term "documents" is used herein in its broadest sense and includes, without
limitation, any wrtten, recorded, or graphic matter, however produced, including but not limited

to, videotapes, photographs, memoranda, correspondence, telegrams, other wrtten

communcations, manuals, brochures, licenses, assignents, contracts, agreements, notes,
transcripts, précis, outlines, instrctions, checks, analyses, projections, chars, graphs, work
papers, drawings, designs, diagrams, photographs, films, newspaper clippings, records, reports,

studies, advertisements, press releases, or any other wrtings of any kind including drafts and
copies of the foregoing, which by reason of

notes, identification marks, or other modifications

are not identical to the original. The term also includes any information that is stored or carred

electronically (by means of computer equipment or otherwise) and that can be retreved in visual,
printed, audio, and/or graphic form.

INSTRUCTIONS
1. YOU are required to produce all DOCUMENTS in the maner, form, and
position in which they are kept in the ordinary course of

business, as required by Federal Rule of

Civil Procedure Rule 34(b), including, where applicable, any index tabs, file dividers,
designations, or information as to the location of

DOCUMENTS.

2. If

YOU canot respond to a document request fully, after a diligent attempt to

attain the requested information, YOU must answer the document request to the extent possible,

specify the portion ofthe document request YOU are unable to answer, and provide whatever
information YOU have regarding the unanswered portion.

3. If no DOCUMENTS are responsive to a paricular request, please state that no
responsive DOCUMNTS exist.
4. In the event that any DOCUMENT called for by the document requests has been

destroyed, lost, discarded, or is otherwise no longer in YOUR possession, custody, or control,

YOU shall identify such DOCUMENT as completely as possible, and shall specify

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a. the identity of AN PERSON(S) who received copies ofthe

DOCUMNT,
b. the natue of

the DOCUMENT,
the subject matter of

c. a brief description of

the DOCUMENT,

d. the date of disposal of

the DOCUMENT,

e. the maner of disposal,
f. the reason for disposal,

g. the PERSON authorizing the disposal,
h. and the PERSON disposing of the DOCUMENT.

5. In the event AN DOCUMNT is withheld on a claim of attorney-client
privilege or work product doctrne or on AN other ground, YOU shall provide a log that
identifies AN such DOCUMENT and includes at least the following information:
a. the natue ofthe DOCUMNT,
b. a brief description of the subject matter of

the DOCUMENT,

c. the date of

the DOCUMENT,

d. the source of the DOCUMENT,

e. AN PERSON to whom that information was disclosed, and
f. AN fact, statute, rule, or decision upon which YOU rely in withholding
the DOCUMENT.
6. Please maintain and produce a record of

the source of each DOCUMNT
the file where each

produced. This record should include the name and location of

DOCUMENT was located and the name of the PERSON, group, or deparment having
possession, custody, or control of each DOCUMENT.

REQUESTS FOR PRODUCTION

REQUEST NO.1: DOCUMNTS suffcient to show the strctue, fuction, and operation of Claims
Handling System as it existed as of May 3, 1998, and as of

May 3, 1999.

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REQUEST NO.2:
DOCUMNTS sufficient to show the strctue, fuction, and operation of AN and ALL Computer Science Corporation products similar or related to Claims Handling System, suitable for use in the insurance industr, as they existed as of May 3, 1998, and as of May 3,
1999.

REQUEST NO.3:
DOCUMENTS sufficient to show the earliest date when AN and ALL products identified in Requests No.1 and No.2 were offered for sale, sold, licensed, and used.

REQUEST NO.4: DOCUMENTS sufficient to demonstrate ACCENTUR'S knowledge of AN and ALL
products identified in Requests No. 1 and No.2, including but not limited to any communcations between Computer Science Corporation and AN ACCENTUR employee or
consultant regarding ANY products identified in Requests No.1 and No.2.

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TAB G

Case 1:07-cv-00826-SLR
~ A088 (Rev. 12/07) Subpoena in a Civil Case

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Issued by the

UNTED STATES DISTRICT COURT
NORTHERN

ILLINOIS

ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE
V. GUIDEWIRE SOFTWARE, INC.
Case Number: 07-826 (SLR)
1

USDC DISTRICT OF DELAWARE

TO: CS Stars, LLC 500 W. Monroe Street, Chicago, IL 60661 Telephone: 800-927-3343

D YOU AR COMMED to appear in the United States Distrct court at the place, date, and time specified below to

PLACE OF TESTIMONY COURTROOM
DATE AND

testify in the above case.

TIME

D YOU AR COMMED to appear at the place, date, and time specified below to testify at the taking of a deposition

PlACE OF DEPOSmON i DAlE AND TIE
DO YOU AR COMMED to produce and permt inspection and copyig ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):

See At tachment
PLACE

DATE AN TIE

Ikon, 180 N. Wabash, Ste. 700, Chicago, IL 60601
Tel: 312 -332 -7777

Contact: Lou Cotromanes (0 s)

July 30, 2008 2:00 p.m.

D YOU AR COMMED to permt inspection of the following premises at the date and time specified below.
PREMISES

i DATE AND TI

Any organization not a par to ths suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, diectors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rule of Civil Procedure 30(b)(6).

Attorne s for Defendant r~ - :
ISSUIG OFFICER'S NAME, ADDRESS AND PHONE NUBER

ISSUIG OFFICER'S SIGNATU AN TITLE (INICATE IF ATTORNE~ PLATI OR DEFENDANT) DATE

June 27

2008

Clement S. Roberts, Esq., Keker & Van Nest, LLP 710 Sansome Street, San Francisco, CA 94111
Civi (See Federal Rule of

Telephone:

(415) 391-4500

Procedure 45 (c), (d), and (e), on next page)

1 If action is pending in distrct other than distrct of issuance, state distrct under case number.
Ao-aa

Case 1:07-cv-00826-SLR
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)

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Filed 06