$SFOR Trustwave/DUO/From docket filing: :) By way

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By way of example, defendant Trustwave has produced only 25 documents thus far in this case.

Trustwave recently told StrikeForce the reason it does not have much responsive information is because its relationship with defendant Duo ended in 2013, referring to a first OEM agreement. Exhibit 1 at 2-3.

But Trustwave never told StrikeForce that it re-entered into a second OEM agreement with Duo in 2014. That 2014 OEM agreement was located in Duo’s production. Trustwave never produced the 2014 OEM agreement to StrikeForce. Id. at 1-2.

When StrikeForce brought the 2014 OEM agreement to Trustwave’s attention, Trustwave suddenly was able to locate responsive documents. Yet, Trustwave still has not produced these documents, and now cites the lack of an ESI protocol agreement as its excuse.

Since last December, when StrikeForce served its discovery requests, Trustwave never requested an ESI protocol agreement, nor did it object to StrikeForce’s discovery requests based on the lack of an ESI protocol agreement.

Now that it finally located some responsive documents—only after StrikeForce threatened to seek sanctions for its apparently hiding the 2014 OEM agreement—Trustwave crafted yet another excuse to further curtail StrikeForce’s discovery.

StrikeForce is entitled to receive the requested documents and then it can schedule a deposition.

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