Case 4:19-cv-07123-PJH Document 380 Filed 09/16/24 Page 1 of 61234567JOSEPH N. AKROTIRIANAKIS (Bar No. 197971)
jakro@kslaw.com
AARON S. CRAIG (Bar No. 204741)
acraig@kslaw.com
KING & SPALDING LLP
633 West Fifth Street, Suite 1700
Los Angeles, CA 90071
Telephone: (213) 443-4355
Facsimile: (213) 443-4310
Attorneys for Defendants NSO GROUP TECHNOLOGIESLIMITED and Q CYBER TECHNOLOGIES LIMITEDUNITED STATES DISTRICT COURT8NORTHERN DISTRICT OF CALIFORNIA

9OAKLAND DIVISION

101112WHATSAPP INC., a Delaware corporation,
and FACEBOOK, INC., a Delawarecorporation,

13141516Plaintiffs,v.
NSO GROUP TECHNOLOGIES LIMITEDand Q CYBER TECHNOLOGIES LIMITED,

Case No. 4:19-cv-07123-PJH
JOINT STIPULATION AND[PROPOSED] ORDER RE SCHEDULINGOF DEPOSITIONS
Action Filed: 10/29/2019

Defendants.

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JOINT STIPULATION AND [PROPOSED]
ORDER#98800640v4

Case No. 4:19-cv-07123-PJH

Case 4:19-cv-07123-PJH Document 380 Filed 09/16/24 Page 2 of 6

1Pursuant to Local Rules 6-1(b) and 6-2, and as supported by the Declaration of Aaron Craig

2filed herewith, Defendants NSO Group Technologies Limited and Q Cyber Technologies Limited3(“Defendants”), and Plaintiffs WhatsApp LLC and Meta Platforms, Inc. (“Plaintiffs”)

4(collectively, the “Parties”) hereby stipulate and agree that the depositions of five witnesses may

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be taken after the discovery cutoff, and the Parties and two third party witnesses have agreed upon

6 a deposition schedule.
7WHEREAS, on February 15, 2024, the Court granted Defendants’ Motion for Relief from8 Case Management Schedule and extended the fact-discovery cutoff to September 13, 2024 (Dkt.
9No. 289);

10WHEREAS, the Parties have coordinated extensively to complete the depositions of

11fourteen fact witnesses, as well as the entity depositions of the parties in this matter prior to the12fact-discovery cutoff;

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WHEREAS, to accommodate the Parties agreed-upon schedule and witness availability,

14 the Parties have agreed that the depositions of five witnesses should be taken shortly after the fact15 discovery cutoff during the weeks of September 16, 2024, and of September 23, 2024;
16WHEREAS, certain of the depositions of Plaintiffs’ witnesses scheduled after the17 discovery cutoff will include corporate deposition testimony pursuant to Rule 30(b)(6) of the18 Federal Rules of Civil Procedure;
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WHEREAS, the Parties, by the below signatures of their respective counsel, have agreed
upon the dates, times, and locations for the depositions of the five witnesses;
WHEREAS, two of those five depositions scheduled after the fact-discovery cutoff will beof witnesses previously employed by Westbridge (the “Former WB Employees”);

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WHEREAS, by the below signature of his counsel, one of the Former WB Employee

24(“J.S.”) consents to his deposition exceeding 7 hours of record time on the same day, as described

25 in the following paragraph;
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WHEREAS, the Parties, by the below signatures of their counsel, have agreed that, for

27 J.S.’s deposition, Plaintiffs will examine J.S. for up to the first 4 hours, 45 minutes of record time;
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JOINT STIPULATION AND [PROPOSED]
ORDER#98800640v4

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1followed, on the same day, by Defendants’ examination (without need for a cross-notice of2 deposition and not being limited to the scope of the direct examination) of up to 2 hours, 15 minutes
3 of record time; and then followed, on the same day, by Plaintiffs’ cross-examination (limited to
4 the scope of Defendants’ examination) of J.S. for up to an additional 45 minutes of record time
5 (plus any remaining, unused portion of Plaintiff’s initial 4 hours, 45 minutes of record time). The
6 Parties agree that they may reserve portions of their record time described within this paragraph
7 for cross-examination, provided that Plaintiffs’ total record time does not exceed 5.5 hours;
8 Defendants’ total record time does not exceed 2 hours, 15 minutes; and J.S.’s deposition ends no
9 later than 7:15 pm assuming that J.S. and his counsel are ready to begin the deposition at the10 noticed time of 9:00 am.
11WHEREAS, the Parties, by the below signatures of their counsel, have agreed that, for the12 T.D. deposition, Plaintiffs will examine T.D. for up to the first 4 hours, 45 minutes of record time;
13 followed, on the same day, by Defendants’ examination (without need for a cross-notice of
14 deposition and not being limited to the scope of the direct examination) of up to 2 hours, 15 minutes
15 of record time; and then followed, on the same day, by any cross-examination (but not direct
16 examination) by the Parties provided that Plaintiffs’ total record time does not exceed 4 hours, 45
17 minutes and Defendants’ total record time does not exceed 2 hours, 15 minutes.
18WHEREAS, Plaintiffs expressly reserve their right to seek, if necessary, additional record

19 time to depose the Former WB Employees, and Defendants, as well as the Former WB Employees,
20 expressly reserve their right to oppose such requested relief.
21NOW THEREFORE, the Parties and the Former WB Employees respectfully request that

22 the Court enter the proposed order submitted herewith.
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JOINT STIPULATION AND [PROPOSED]
ORDER

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DATED: September 13, 2024

KING & SPALDING LLP

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By: /s/ Aaron S. Craig ___________________JOSEPH N. AKROTIRIANAKISAARON S. CRAIG
Attorneys for Defendants
NSO GROUP TECHNOLOGIESLIMITED AND Q CYBERTECHNOLOGIES LIMITED

456789By: /s/ Aaron S. Craig ___________________JOSEPH N. AKROTIRIANAKISAARON S. CRAIG
Attorneys for Non-Party Witness
JOSH SHANER

10111213

By: /s/ Micah G. Block
Greg D. Andres
Antonio J. Perez-Marques
Craig T. Cagney
Micah G. Block
DAVIS POLK & WARDWELL LLP
Attorneys for Plaintiffs
WHATSAPP LLC AND META
PLATFORMS, INC

141516171819202122

L.R. 5-1 ATTESTATIONI, Aaron S. Craig, attest that all signatories listed herein, and on whose behalf this filing issubmitted, concur in this filing’s content and have authorized this filing.

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By:

24/s/Aaron S. Craig
AARON S. CRAIG

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JOINT STIPULATION AND [PROPOSED]ORDER

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties and good cause therefor having been shown, the23Court orders:
1.

45Absent the further agreement of the parties, the parties may conduct fact depositions

during the weeks of September 16th and September 23rd notwithstanding the close of fact discovery

6 on September 13, 2024.
2.

7

For the deposition of “J.S.,” a former employee of Westbridge (a “Former WB

8 Employee”), Plaintiffs will examine J.S. for up to the first 4 hours, 45 minutes of record time;
9 followed, on the same day, by Defendants’ examination (without need for a cross-notice of
10 deposition and not being limited to the scope of the direct examination) of up to 2 hours, 15 minutes
11 of record time; and then followed, on the same day, by Plaintiffs’ cross-examination (limited to12 the scope of Defendants’ examination) of J.S. for up to an additional 45 minutes of record time
13 (plus any remaining, unused portion of Plaintiff’s initial 4 hours, 45 minutes of record time). The
14 Parties may reserve portions of their record time described within this paragraph for cross15 examination, provided that Plaintiffs’ total record time does not exceed 5.5 hours; Defendants’
16 total record time does not exceed 2 hours, 15 minutes; and J.S.’s deposition ends no later than 7:15
17 pm assuming that J.S. and his counsel are ready to begin the deposition at the noticed time of 9:00
18 am.
193.

For the deposition of T.D., another Former WB Employee, Plaintiffs will examine

20 T.D. for up to the first 4 hours, 45 minutes of record time; followed, on the same day, by
21 Defendants’ examination (without need for a cross-notice of deposition and not being limited to
22 the scope of the direct examination) of up to 2 hours, 15 minutes of record time; and then followed,
23 on the same day, by any cross-examination (but not direct examination) by the Parties provided
24 that Plaintiffs’ total record time does not exceed 4 hours, 45 minutes and Defendants’ total record
25 time does not exceed 2 hours, 15 minutes.
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4.

All other deadlines of the Case Management Schedule (see Dkt. No. 357) remain

27 in place.
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JOINT STIPULATION AND [PROPOSED]
ORDER

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nHamilto_________________________________
hyllis J.
Judge P
The Honorable Phyllis J. Hamilton
United StatesDistrict JudgeERNA

H5LI

RT4R NIA

Dated: September ___,
16 2024

NO3EREDO ORDIT IS S

FO2UNITED

IT IS SO ORDERED.

S DISTRICTTECATRTUO1S

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JOINT STIPULATION AND [PROPOSED]ORDER5