SEVENTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT 

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Hunton & Williams LLP 

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

Ann Marie Mortimer (SBN 169077) 

amortimer@hunton.com 

Jason J. Kim (SBN 221476) 

kimj@hunton.com 

Kirk A. Hornbeck (SBN 241708) 

khornbeck@hunton.com 

HUNTON & WILLIAMS LLP

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

Telephone: (213) 532-2000 

Facsimile: (213) 532-2020 

Samuel A. Danon (admitted pro hac vice)

sdanon@hunton.com 

John J. Delionado (admitted pro hac vice)

jdelionado@hunton.com 

HUNTON & WILLIAMS LLP 

1111 Brickell Ave., Ste. 2500 

Miami, FL 33143 

Telephone: (305) 810-2500 

Facsimile: (305) 810-2460 

Attorneys for Defendant 

Yahoo! Inc. and Aabaco Small 

Business, LLC 

John A. Yanchunis 

jyanchunis@ForThePeople.com 

MORGAN & MORGAN 

COMPLEX LITIGATION GROUP 

201 N. Franklin Street, 7th Floor 

Tampa, Florida 33602 

Telephone: (813) 223-5505 

Facsimile: (813) 223-5402

Plaintiffs’ Lead Counsel 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

IN RE: YAHOO! CUSTOMER DATA 

SECURITY BREACH LITIGATION 

CASE NO.: 16-MD-02752-LHK 

SEVENTH JOINT CASE 

MANAGEMENT CONFERENCE 

STATEMENT 

Case 5:16-md-02752-LHK Document 172 Filed 12/01/17 Page 1 of 6
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SEVENTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT 

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Hunton & Williams LLP 

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

Plaintiffs, along with Defendants Yahoo! Inc. (“Yahoo”) and Aabaco Small 

Business, LLC (“Aabaco”) (together, “Defendants”), having met and conferred, 

hereby provide this Seventh Joint Case Management Statement, pursuant to this 

Court’s November 9, 2017 Case Management Order. (ECF No. 158.) 

I. DISCOVERY UPDATES 

As directed by the Court, (ECF No. 158), the parties provided joint discovery 

status reports on Monday, November 13, 2017; Friday, November 17, 2017; and 

Tuesday, November 21, 2017. See (ECF Nos. 160, 164, 166.) Discovery continues to 

progress, as discussed below: 

A. 30(b)(6) Deposition 

On October 13, 2017, Plaintiffs served Defendants with a deposition notice 

pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, seeking testimony 

from Defendants on twelve different topics. Defendants presented Sean Zadig for 

deposition in response to Plaintiffs’ October 13, 2017 deposition notice. Mr. Zadig 

was questioned on November 10, 2017 and November 20, 2017 for a total of 

approximately 13 hours, after which the deposition was concluded. 

B. Written Discovery 

On November 13, 2017, Defendants served their Responses to Plaintiffs’ 

Second Set of Requests for Production of Documents. 

On October 30, 2017, Yahoo served its First Set of Interrogatories and First Set 

of Requests for Production of Documents. Following written exchanges on 

November 14 and November 20, on November 29, as well as telephonic discussions 

on November 28, 2017, the parties met and conferred regarding Defendants’ 

discovery. As a result of those discussions, Defendants agreed to extend Plaintiffs’ 

response deadline to December 18, 2017. The parties currently disagree on certain 

aspects of scope and burden, which will be reflected in Plaintiffs’ objections. The 

parties anticipate further meet-and-confer discussions after Plaintiffs have served their 

responses and objections. 

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Hunton & Williams LLP 

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

C. Document Productions 

To date, Defendants have produced 345,699 documents totaling 1,412,415 

pages. After obtaining the list of search terms from Plaintiffs on November 14 and 16, 

Defendants ran against the database of collected data and documents those search 

terms which were not in need of modification nor the subject of the meet and confer 

sessions (as further discussed below). Defendants have already reviewed at least 

300,000 additional documents resulting from these hits for relevance and 

responsiveness. Defendants will continue to produce responsive, non-privileged 

documents on a rolling basis. The parties will also continue to meet and confer about 

production related issues. 

On November 8, 2017, Plaintiffs inspected and took possession of a copy of the 

data that ultimately led to Defendants’ October 3, 2017 notice to additional user 

accounts affected by the August 2013 data theft previously disclosed by Defendants 

on December 14, 2016. Plaintiffs’ expert team is reviewing this data. 

On November 21, 2017, the parties held a meet and confer to address technical 

issues related to Defendants’ document productions. Specifically, Plaintiffs raised 

issues pertaining to the availability and functionality of metadata and document links 

among the documents produced to date, which they believe are relevant to contextual 

analysis and understanding of those documents. Defendants have explained that the 

document links to which Plaintiffs refer, Google Docs, do not have this functionality 

or otherwise permit this. The parties will meet and confer about identifying potential 

solutions. 

D. Privilege Log 

On November 15, 2017, Plaintiffs identified specific categories of information 

they contend should be included in any privilege log. On November 16, Defendants 

responded regarding the categories they contend should be included in the privilege 

log. Also on November 16, 2017, Defendants produced a privilege log identifying 

5,967 documents withheld or redacted as privileged or attorney work product. 

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Hunton & Williams LLP 

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

The parties met and conferred on November 22, 2017 to further discuss the 

form and content of Defendants’ privilege log. Plaintiffs had sought additional 

information to provide greater context as to the individuals identified and the 

documents contained on the log to permit a better understanding of the claims of 

protection asserted. In light of further communications between the parties, 

Defendants have responded that they are willing to provide certain additional 

information. The parties anticipate that an agreement regarding the revised log 

categories and information will be formalized shortly. 

E. Search Terms 

On November 14, 2017, Plaintiffs provided Defendants with certain interim 

search terms to be applied by Defendants. On November 16, 2017, Plaintiffs provided 

Defendants with additional search terms. Defendants have run the metrics on the 

numbers of documents containing hits for each term. The parties met and conferred 

on November 21, 2017, to discuss possible revisions to Plaintiffs’ requested search 

terms in light of the hit counts related to some of Plaintiffs proposed terms. 

Plaintiffs have conferred with their expert and have proposed revisions intended 

to address the issues raised by Defendants. The parties expect to further confer with 

Defendants between now and December 5, 2017. 

On November 16, 2017, Plaintiffs filed their search terms with the Court. (ECF 

No. 163.) Pursuant to the Court’s November 22, 2017 Order, (ECF No. 167), 

Plaintiffs refiled the search terms on November 28, 2017 consistent with the Court’s 

instructions, (ECF No. 170), and the Court granted the relief requested therein on 

November 30, 2017, (ECF No. 171). 

Plaintiffs continue to evaluate whether there is a need to further supplement the 

search terms based on their ongoing review of Defendants’ document production. 

F. Document Collection 

Defendants have completed their collection of documents from all custodians 

and locations to which the parties agreed. At present, the collection contains at least 

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Hunton & Williams LLP 

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

9.3996 terabytes of information, constituting of more than 51 million documents. The 

collection from June 2017 to the present increased the volume by approximately 42 

GB. Except as noted above, these 51 million documents have yet to be subject to the 

application of search terms, analytics, or technology assisted review, but is inclusive 

of all documents that constituted the SEC production. As indicated above, the parties 

continue to meet and confer about Plaintiffs’ search terms, the metrics collected based 

upon their application, Defendants’ anticipated proposed modification of the search 

terms and deduplication. 

G. Future Depositions 

On November 29, 2017, Plaintiffs advised Defendants of their intent to take the 

depositions of certain key witnesses, including Justin Somaini, Alex Stamos, Ramses 

Martinez, and Robert “Bob” Lord during the last two weeks of December and former 

Chief Executive Officer Marisa Mayer and former General Counsel Ron Bell during 

the month of February. Defendants promptly responded to the request and are 

consulting individual counsel for these witnesses and will report back to Plaintiffs 

about dates of availability. 

Dated: December 1, 2017 MORGAN & MORGAN 

By: /s/ John Yanchunis 

John Yanchunis 

Plaintiffs’ Lead Counsel 

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Hunton & Williams LLP 

550 South Hope Street, Suite 2000 

Los Angeles, California 90071-2627 

Dated: December 1, 2017 HUNTON & WILLIAMS LLP 

By: /s/ Ann Marie Mortimer 

Ann Marie Mortimer 

Attorneys for Defendants 

Yahoo! Inc. and Aabaco Small 

Business, LLC

ATTESTATION 

I hereby attest that each of the other signatories concurs in the filing of this 

document. 

Dated: December 1, 2017 

By: /s/ Ann Marie Mortimer 

Ann Marie Mortimer 

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