Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page1 of 40
PLAINTIFF’S EXHIBIT LIST - PAGE 1
CASE NO. 13-CV-00133-EMC
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Trial Exhibit
Number
Beginning Bates Number Ending Bates Number Description Offering Witness Objection Grounds for Objecti...
GX0034 BZ-00159939
BZ-00159940
BZ-00159939
BZ-00159960
8/4/11 cover email from Defossé to Product Strategy team; -940 is 8...
GX0067 Deposition of ReadyPulse Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTER-...
GX0081 Deposition of Collins Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTER-DES...
GX0096 Deposition of Acer Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTER-DESIGN...
GX0112 Deposition of Broadcast Supply Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND CO...
GX0130 Deposition of Dick's Sporting Goods Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS A...
GX0144 Deposition of Hayneedle Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTER-D...
GX0158 Deposition of Lay-Z-Boy Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTER-D...
GX0172 Deposition of Patagonia Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTER-D...
GX0186 Deposition of Solid Signal Stipulation X Subject to the objections set forth in BAZAARVOICE’S
OBJECTIONS AND COUNTE...
GX0206 BZ-00045435
BZ-00045436
BZ-00045435
BZ-00045445
7/9/11 cover email to -436 between Osborne and Dodd referencing com...
GX0238 BZ-00434332 BZ-00434334 1/21/11 email chain from Lotfi to Halligan discussing BV's competitive announcement of smar...
GX0279 BZ-00069120 BZ-00069123 7/13/11 email chain between Luedtke and Savoy, et al , relating to competition between BV a...
GX0317 BZ-00812573 BZ-00812575 5/6/11 email chain between Hurt, Barton and Collins stating that PR is not a "threat" to BV...
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
USA vs. Bazaar Voice Lawsuit
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USA vs. Bazaar Voice Lawsuit

  1. 1. Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page1 of 40
  2. 2. PLAINTIFF’S EXHIBIT LIST - PAGE 1 CASE NO. 13-CV-00133-EMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael D. Bonanno, Attorney (DC Bar No. 998208) Peter K. Huston (CA Bar No. 150058) United States Department of Justice, Antitrust Division 450 Fifth Street, NW, Suite 7100 Washington, DC 20530 Telephone: (202) 532-4791 Facsimile: (202) 616-8544 E-mail: michael.bonanno@usdoj.gov; E-mail: peter.huston@usdoj.gov Attorneys for the United States of America UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, Case No. 13-cv-00133 EMC v. PLAINTIFF’S EXHIBIT LIST BAZAARVOICE, INC. Defendant. PLAINTIFF UNITED STATES OF AMERICA’S EXHIBIT LIST Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page2 of 40
  3. 3. Trial Exhibit Number Beginning Bates Number Ending Bates Number Description Offering Witness Objection Grounds for Objection Position of the Offering Party GX0001 CID Notice Stipulation GX0002 BV-INT-00000206 BV-INT-00000215 Undated workflow showing BV's plans to integrate PR Stipulation GX0003 BV-INT-00000418 BV-INT-00000418 6/25/12 email from Godfrey to Comée, Wight, et al , discussing terminations of PR employees Comée Hossain Adams GX0004 BV-INT-00000459 BV-INT-00000460 6/22/12 BV email chain among Loyens, Gaide, et al , discussing syndication Collins GX0005 BV-INT-00000538 BV-INT-00000538 5/29/12 BV email chain between Loyens and Gaide discussing the acquisition of PR Collins GX0006 BV-INT-00000577 BV-INT-00000578 7/9/12 BV email between Johnson and Loyens discussing cross-platform syndication Stipulation GX0007 BV-INT-00000022 BV-INT-00000022 Undated outline of BV's post-acquisition messaging re PR Stipulation GX0008 BV-INT-00000903 BV-INT-00000904 6/18/12 email from Godfrey received by Parsons, et al , discussing PR sales opportunities Stipulation GX0009 BZ-00164589 BZ-00164591 6/14/12 email chain between Srinivasan, Godfrey, Sate, Hurt and Executive Team discussing integration and competition with PR post-acquisition Osborne Svatek Hurt GX0010 BV-INT-00000199 BV-INT-00000203 Undated BV Business Plan for integration Stipulation GX0011 BV-INT-00000199 BV-INT-00000203 Undated BV Business Plan for integration Stipulation GX0012 BZ-00078180 BV-00078183 7/11/12 email chain between Leudtke and Godfrey discussing BV-PR integration Luedtke GX0013 6/21/12 Asset Preservation Agreement Stipulation GX0014 BV-INT-00000227 BV-INT-00000265 10/10/12 email from Godfrey enclosing emails from Hurt, Parsons, and others re BV syndication and integration of PR post-acquisition Stipulation GX0015 DOJ-BV00009274 DOJ-BV00009275 Third-party document subject to the Protective Order Giannoni (Reevoo) GX0016 BZ-01953534 BZ-01953534 5/11/12 email from Defossé to Pearson stating that BV does not compete against PR Express Defossé GX0017 BZ-01927883 BZ-01927885 8/16/11 email chain between Defossé and Gaide, et al , showing that BV distinguished between competitors that offer the same products and Buddy Media, which is not a direct competitor Defossé N/A N/A Key:                                                                                               BV = Bazaarvoice                                                                        FRE = Federal Rules of Evidence                                            PR = PowerReviews                                                                      PRR = Product Ratings and Reviews Government Exhibit List ─ United States v. Bazaarvoice, Inc. , 13-cv-133 (WHO) GX0018 BZ-01887411 BZ-01927412 7/5/12 email chain between Defossé and Du indicating that BV distinguished between competitors bidding for exact same business and those competing for a share of customer's budget with differen solutions Defossé GX0019 BZ-01918246 BZ-01918246 6/1/11 emails between Defossé and Diamond stating that BV does not consider Amazon a direct competitor except where the customer already uses Amazon platform Defossé GX0020 BZ-02065649 BZ-02065650 10/31/12 email from Defossé to Hurt, et al , showing BV signed a deal to market PR Express to Amazon's webstore clients as part of integration Defossé GX0021 BZ-01915235 BZ-01915236 BZ-01915235 BZ-01915236 4/13/11 cover email to -236 from Defossé to Wolf and Koester; -236 discusses Buddy Media which is complementary to BV and not a competitor Defossé GX0022 BZ-01956461 BZ-01956461 6/19/12 email from Defossé to Wolf and Product Strategy group Defossé GX0023 BZ-01926892 BZ-01926892 8/8/11 email from Defossé to Quist, et al , stating that PR is "desperately trying to create mindshare in a market (increasingly) dominated by someone else (i e BV) " Defossé GX0024 BZ-01910330 BZ-01910334 1/27/2011 email chain between Defossé, Brown, et al , discussing the feasibility of open syndication for retailers Defossé GX0025 BZ-01918636 BZ-01918636 2/6/11 email from Defossé to Svatek showing BV's focus on PR's syndication efforts Defossé GX0026 BZ-00083858 BZ-00083873 6/9/11 email chain between Defossé, Svatek, Marx, and Barton discussing syndication and competition between BV and PR Defossé Svatek GX0027 BZ-00084374 BZ-00084377 6/20/11 email chain between Defossé and Svatek concerning cross-platform syndication Defossé GX0028 BZ-01921088 BZ-01921089 6/22/11 email from Defossé to Yeats discussing PR's attempt to enable BV brands to syndicate to PR retailers Defossé GX0029 7/25/2011 screenshot of PR press release entitled "PowerReviews Launches First Open Social Commerce Network, Allowing Any Brand to Syndicate Consumer Conversations Across the Web" Defossé GX0030 BZ-00577669 BZ-00577672 BZ-00577682 BZ-00577671 BZ-00577681 BZ-00557682 7/29/11 cover email to -672 and -682 from Defossé to Sales and Client Success Teams discussing messaging against PR; -672 is presentation discussing syndication as a competitive advantage over PR; -682 is template for messaging against PR Defossé GX0031 BZ-01925735 BZ-01925736 8/1/11 email from Defossé to Crow discussing BV's response to PR on cross-platform syndication after PR press release and PR contact with BV clients Defossé GX0032 BZ-00085763 BZ-00085765 8/2/11 email chain from Defossé to Executive Team and PSLT concerning PR's open syndication and competition against BV Defossé GX0033 BZ-01926350 BZ-01926350 8/4/11 email chain from Defossé to Nelson, Godfrey, Dodd, et al , containing agenda for All Hands strategy meeting on competing against PR Defossé N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page3 of 40
  4. 4. GX0034 BZ-00159939 BZ-00159940 BZ-00159939 BZ-00159960 8/4/11 cover email from Defossé to Product Strategy team; -940 is 8/4/11 presentation on BV's Menlogeddon strategy to compete against PR Defossé GX0035 BZ-01928329 BZ-01928331 BZ-01928330 BZ-01928331 8/19/11 cover email to -331 from Defossé to Executive Team and PSLT providing update on Menlogeddon, including defensive and offensive strategies against PR; -331 is the Menlogeddon project tracker Defossé GX0036 BZ-01928171 BZ-01928172 8/18/11 emails between Defossé, Svatek and Executive Team providing update on BV's Menlogeddon strategy against PR Defossé Svatek GX0037 BZ-00580947 BZ-00580950 BZ-00580949 BZ-00580950 8/27/11 cover email to -950 from Defossé to Executive Team providing an update on BV's Menlogeddon project against PR; -950 is Menlogeddon activity tracker Defossé GX0038 BZ-01947842 BZ-01947843 BZ-01947844 BZ-01947842 BZ-01947843 BZ-01947887 2/29/12 cover email to -843, -844 from Defossé to Du et al ; -843 and -844 discuss BV's IPO roadshow Defossé GX0039 BZ-00580933 BZ-00580937 BZ-00580936 BZ-00580942 8/27/11 cover email to -937 from Capasso to Dodd, Defossé and Osborne discussing BV's competitive strategy against PR; -937 is overview of BV's competitive strategy against PR Defossé GX0040 BZ-01754031 BZ-01754032 BZ-01754031 BZ-01754038 9/12/11 cover email to -032 from Defossé to Executive Team referencing the new "BV Challenge" tactic that BV's Menlogeddon team is launching against PR; -032 is a presentation discussing the new plan Defossé GX0041 AMZ00001 AMZ00008 Third-party document subject to the Protective Order Stipulation GX0042 DM-DOJ-00000193 BZ-01089306 DM-DOJ-00000224 BZ-01089308 Third-party document subject to the Protective Order Stipulation GX0043 BZ-00728960 BZ-00728961 5/20/11 email from Luedtke to Halligan, et al , forwarding initial sales contact with Clorox, which uses BV (partially redacted) Luedtke Levin (Clorox) GX0044 BZ-00671438 BZ-00671441 12/8/11 email from Giannoni to Halligan and Luedtke re Clorox's purchase of PRR platform (partially redacted) Levin (Clorox) Stipulation GX0045 Third-party document subject to the Protective Order Levin (Clorox) GX0046 Third-party document subject to the Protective Order Levin (Clorox) GX0047 BZ-00100631 BZ-00100639 7/30/09 Master Application Service Agreement between BV and K-Swiss Stipulation GX0048 7/17/12 email chain between Holtz of Natures Path and Quarles and Hotchkiss of BV discussing BV's PRR proposal for Natures Path Stipulation GX0049 BZ-00607546 BZ-00607549 5/23/12 email chain between Fanning and Ewing about PacSun's selection of Gigya for PRR Stipulation GX0050 RP_000016 RP_000017 Third-party document subject to the Protective Order Stipulation GX0051 BZ-01705086 BZ-01705088 1/16/13 email chain among WSGR's Murino, ReadyPulse's O'Malley, and Svatek re O'Malley providing information to Murino relating to BV-PR and PRR Svatek GX0052 BV-3PCOR-00000006 BV-3PCOR-00000007 Undated and unsigned declaration of Dennis O'Malley of ReadyPulse Stipulation GX0053 BZ-00986915 BZ-00986926 4/24/08 BV Contract for Astral Brands Stipulation GX0054 BV-VOL-000000204 BV-VOL-000000248 7/26/11 PR Board meeting presentation; discusses direct competition with BV for retail clients Stipulation GX0055 BZ-00458521 BZ-00458525 10/14/11 email chain between McNeil and Chen notin heavy com etition with BV for the Vitamin Stipulation N/A N/A N/A 00 585 00 585 5 g y p Shoppe account p GX0056 BZ-00605815 BZ-00605817 4/27/12 email from Pedregon re World Market being huge Power Reviews steal for BV Stipulation GX0057 BZ-00210591 BZ-00210593 6/14/12 email from Brown forwarding Brady's email detailing BV's win over PR for the Callaway account - "the final chapter in stealing clients from PR" Stipulation GX0058 BZ-01000691 BZ-01000694 9/22/10 email chain among Osborne, Reser, et al , showing competition between BV and PR for SmartPak Osborne GX0059 BZ-01038562 BZ-01038563 12/22/11 email from Clabaugh re winning Anderson Corporation by beating PR Stipulation GX0060 Third-party document subject to the Protective Order Stipulation GX0061 L L Bean Catalog Cover Stipulation GX0062 Deposition of Demand Media (Pluck) Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0063 Deposition of ExpoTV Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0064 Deposition of Gigya Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0065 Deposition of Practical Data Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0066 Deposition of Rating-system com Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page4 of 40
  5. 5. GX0067 Deposition of ReadyPulse Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0068 Deposition of ShopVisible Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0069 Deposition of Webcollage Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0070 Deposition of Amazon (Ahmed) Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0071 Deposition of Amazon (Sell) Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0072 Deposition of Lithium Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0073 Deposition of Reevoo Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0074 Deposition of TurnTo Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0075 Deposition of Viewpoints Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0076 Deposition of Bed Bath & Beyond Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0077 Deposition of Big Fish Games Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0078 Deposition of BJ's Wholesale Club Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0079 Deposition of Toys R Us Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0080 Deposition of Bolian Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page5 of 40
  6. 6. GX0081 Deposition of Collins Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0082 Deposition of Barton Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0083 30(b)(6) Deposition of Collins Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0084 Deposition of Comée Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0085 Deposition of Defossé Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0086 Deposition of Dodd Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0087 CID Deposition of Godfrey Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0088 Deposition of Hossain Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0089 Deposition of Hurt Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0090 Deposition of Luedtke Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0091 Screenshot of Gallery Direct Facebook page Stipulation GX0092 Deposition of Michael Osborne Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0093 Deposition of Michael Svatek Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0094 Deposition of Abercrombie Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0095 Deposition of Abe's of Maine Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page6 of 40
  7. 7. GX0096 Deposition of Acer Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0097 Deposition of Alternative Apparel Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0098 Deposition of American Eagle Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0099 Deposition of Astral Brands Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0100 Deposition of AutoZone Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0101 BZ-00011229 BZ-00011230 3/18/09 email from Cotlar to Steinfeld relating to BV-PR competition (partially redacted) Stipulation GX0102 BZ-00691386 BZ-00691387 8/18/10 email chain between Halligan and Blinds com representative relating to competition betwee BV and PR Stipulation GX0103 Deposition of B&H Photo Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0104 Deposition of Barnes & Noble Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0105 Deposition of Belk Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND N/A N/A N/A N/A N/A N/A N/A N/A OBJECTIONS AND COUNTER DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein set forth in BAZAARVOICE S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0106 Deposition of Big Dot of Happiness Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0107 Deposition of Birdsafe Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0108 Deposition of Black and Decker Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0109 Deposition of Blinds com Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0110 Deposition of Blue Nile Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0111 Deposition of Bon-Ton Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page7 of 40
  8. 8. GX0112 Deposition of Broadcast Supply Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0113 Deposition of Buckle Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0114 Deposition of Build com Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0115 Deposition of Cabela's Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0116 30(b)(6) Deposition of Curtin Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0117 30(b)(6) Deposition of Parsons Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0118 BZ-01227374 BZ-01227376 BZ-01227375 BZ-01227381 12/10/09 cover email to -376 from Powers to LeBoeuf and Protano; -376 is PR price proposal for BJ's Stipulation GX0119 Screenshot of L L Bean Top 500 Guide Profile Stipulation GX0120 BZ-00609585 BZ-00609590 6/20/12 email chain from Strain-Seymour to Fanning, et al , discussing BV's sales team taking Pep Boys from PR post-acquisition Stipulation GX0121 BZ-00167220 BZ-00167249 BZ-00167221 BZ-00167259 5/2/11 cover email to -249; -249 is PR's template Master Service Agreement and pricing documents Stipulation GX0122 Screenshot of fruit com: Fruit of the Loom 10PK Cotton Assorted Low Rise Brief Item No 10D2404 Stipulation GX0123 Deposition of CableOrganizer Stipulation X Subject to the objections set forth in BAZAARVOICE’S The Government reserves the right to respond to the objection N/A N/A N/A N/A N/A N/A N/A N/A N/AGX0123 Deposition of CableOrganizer Stipulation X Subject to the objections set forth in BAZAARVOICE S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objection set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0124 Deposition of Chico's Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0125 Deposition of Clorox Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0126 Deposition of Coldwater Creek Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0127 Deposition of Columbia Sportswear Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0128 Deposition of Crabtree & Evelyn Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0129 Deposition of Crate & Barrel Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page8 of 40
  9. 9. GX0130 Deposition of Dick's Sporting Goods Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0131 Deposition of Dillards Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0132 Deposition of Drums on Demand Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0133 Deposition of eBags Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0134 Deposition of eHobbies Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0135 Deposition of First Tennessee Bank Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0136 Deposition of Foot Locker Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0137 Deposition of Footsmart Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0138 Deposition of Fruit of the Loom Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0139 Deposition of GameFly Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0140 Deposition of Gander Mountain Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0141 Deposition of Golfsmith Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0142 Deposition of Green Mountain Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0143 Deposition of Guess Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page9 of 40
  10. 10. GX0144 Deposition of Hayneedle Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0145 Deposition of Hhgregg Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0146 Deposition of Home Depot Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0147 Deposition of HSN Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0148 Deposition of Hunter Fan Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0149 Deposition of Hydro-Photon Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0150 Deposition of iHerb Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0151 Deposition of Ink Technologies Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0152 Deposition of Intercontinental Hotel Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0153 Deposition of Jockey Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0154 Deposition of Johnsonville Sausage Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0155 Deposition of Juice Nashville Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0156 Deposition of Karmaloop Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0157 Deposition of K-Swiss Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page10 of 40
  11. 11. GX0158 Deposition of Lay-Z-Boy Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0159 Deposition of LL Bean Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0160 Deposition of Lord & Taylor Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0161 Deposition of Lovesac Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0162 Deposition of Market America Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0163 Deposition of Nature's Path Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0164 Deposition of New Era Publishing Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0165 Deposition of Nutri-Health Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0166 Deposition of OneCall Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0167 Deposition of OneStopPlus Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0168 Deposition of Onlineshoes com Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0169 Deposition of Orchard Supply Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0170 Deposition of Overstock Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0171 Deposition of Pac Sun Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page11 of 40
  12. 12. GX0172 Deposition of Patagonia Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0173 Deposition of PayPal Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0174 Deposition of Perform Better Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0175 Deposition of Petco Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0176 Deposition of Planet DJ Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0177 Deposition of Princess Cruises Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0178 Deposition of Redbox Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0179 Deposition of REI Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0180 Deposition of Seagate Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0181 Deposition of Sears Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0182 Deposition of Shoebuy com Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0183 Deposition of Shoplet Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0184 Deposition of Sierra Trading Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0185 Deposition of Smithsonian Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page12 of 40
  13. 13. GX0186 Deposition of Solid Signal Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0187 Deposition of Southwest Airlines Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0188 Deposition of Systemax Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0189 Deposition of Tempur-Pedic Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0190 Deposition of Tiffany's Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0191 Deposition of Under Armour Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0192 Deposition of Vitamin Shoppe Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0193 Deposition of Walgreens Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date N/A N/A N/A N/A N/A N/A N/A N/A preserved therein, at a later date GX0194 Deposition of Wayfair Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0195 Deposition of Wine com Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0196 Deposition of World Kitchen Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0197 Deposition of XO Group Stipulation X Subject to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein The Government reserves the right to respond to the objections set forth in BAZAARVOICE’S OBJECTIONS AND COUNTER-DESIGNATIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS, including form objections preserved therein, at a later date GX0198 BZ-00144788 BZ-00144788 10/30/09 email from Capasso to all re competition from PR for Calumet Photo Stipulation GX0199 BZ-01292559 BZ-01292560 5/29/12 PR email from McNeil to Wight identifying deals that were extremely competitive with BVStipulation GX0200 BZ-01180156 BZ-01180158 6/22/12 email from Saltzgiver detailing BV's highly competitive win over PR for the Acme Tools account Stipulation GX0201 LinkedIn Profile of Michael Osborne Osborne GX0202 BZ-00842927 BZ-00842932 BZ-00842931 BZ-00842962 11/6/11 cover email chain to -932 between Osborne, Hurt, Brunner, and Fain; -923 contains BV's Q2 FY12 sales summary Osborne Hurt GX0203 BZ-00858100 BZ-00858104 BZ-00858103 BZ-00858107 2/13/12 cover email to -104 from Hurt to Osborne, et al , re BV pricing strategy; -104 lays out pricing strategy Osborne Hurt GX0204 BZ-00513683 BZ-00513688 BZ-00513687 BZ-00513692 2/8/12 cover email to -688 from Osborne to Collins discussing BV's PRR pricing methodology; -68 is pricing presentation Osborne Collins GX0205 BZ-00045400 BZ-00045404 7/7/11 email chain between Osborne and Brunner about competition with PR for Cricket account Osborne Dodd N/A N/A N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page13 of 40
  14. 14. GX0206 BZ-00045435 BZ-00045436 BZ-00045435 BZ-00045445 7/9/11 cover email to -436 between Osborne and Dodd referencing competition between PR and BV; -436 is presentation discussing BV-PR competition Osborne Dodd GX0207 BZ-00045436 BZ-00045445 7/7/11 BV slide deck re: competitive pricing analysis Osborne Dodd GX0208 BZ-00045475 BZ-00045477 7/11/11 email chain between Dodd, Godfrey, and Brunner relating to competition with PR and the acquisition Osborne Dodd GX0209 BZ-00261092 BZ-00261095 7/14/11 email chain between Godfrey, Dodd, Brunner and Osborne noting competition from PR for large and small customers Osborne Dodd GX0210 BZ-00198144 BZ-00198161 6/9/11 email from Osborne to Sales Team relating to competition with PR and cross platform syndication Osborne Hurt Svatek GX0211 BZ-00159912 BZ-00159913 7/29/11 email chain between Hurt, Svatek, Brunner, Nelson and Osborne identifying PR as BV's biggest competitor Hurt Svatek Osborne GX0212 BZ-00159961 BZ-00159963 BZ-00159962 BZ-00159983 8/5/11 cover email to -963 from Defossé to Dodd, Osborne and others announcing BV's Menlogeddon strategy to compete against PR; -963 is 8/4/11 presentation on BV's Menlogeddon strategy to compete against PR Osborne Svatek Dodd Defossé GX0213 BZ-00159963 BZ-00159983 8/4/11 presentation on BV's Menlogeddon strategy to compete against PR Osborne Svatek Dodd Defossé GX0214 BZ-01262650 BZ-01262652 9/25/11 email from Osborne to Executive Team stating that PR is "attacking" each of BV's clients but that Menlogeddon is working on a few key prospects Osborne GX0215 BZ-00159651 BZ-00159654 11/20/11 email chain between Osborne and Hurt relating to competition against PR Osborne Hurt GX0216 BZ-00580960 BZ-00580963 BZ-00580962 BZ-00580968 8/27/11 cover email to -963 from Capasso to Dodd, Defossé and Osborne discussing BV's competitive sales strategy against PR; -963 is overview of BV's competitive strategy against PR Osborne GX0217 BZ-00280543 BZ-00280546 10/18/11 email chain between Hurt and Green discussing pricing competition between BV and PR Hurt Osborne GX0218 BZ-01164594 BZ-01164596 4/21/11 email from Barton to Hurt, Collins, Svatek, et al , proposing acquisition of PR to eliminate BV's primary competitor Barton Collins Hurt Osborne GX0219 BZ-01441258 BZ-01441260 4/22/11 email chain between Osborne and Barton, et al , discussing acquisition of PR to eliminate BV's primary competitor Barton Osborne GX0220 BZ-01314112 BZ-01314115 4/21/11 email chain from Barton to Hurt discussing reasons to acquire PR including elimination of BV's primary competitor Barton Osborne HurtHurt GX0221 BZ-01669528 BZ-01669530 4/25/11 email chain between Barton and Osborne stating that acquisition of PR will eliminate 10- 20% price erosion Barton Osborne GX0222 BZ-01034676 BZ-01034679 BZ-01034678 BZ-01034680 7/16/12 cover email chain to -679 between Osborne and Decker; -679 states that, by acquiring PR, BV acquired every customer it lost by focusing on enterprise customers Osborne GX0223 BZ-01671634 BZ-01671635 12/16/11 email chain among Osborne and Collins re PR being competitor on most deals Osborne Collins GX0224 BZ-01036722 BZ-01036726 8/9/12 email chain between Barton and Osborne regarding size of the PRR market Osborne Barton GX0225 BZ-00120253 BZ-00120254 4/28/10 email between Capasso and Morrison regarding BV stealing Walgreens from PR Stipulation GX0226 BZ-00079350 BZ-00079351 3/2/11 email chain among Camp, Nelson, Brunner, Svatek, et al , showing features competition between BV and PR Svatek GX0227 BZ-00120426 BZ-00120426 4/29/10 email from Capasso to Marchand regarding BV's "aggressive pricing to win [a customer's] business" from PR Stipulation GX0228 BZ-00073417 BZ-00073421 11/11/11 email chain between Luedtke, Halligan and Grainger staff showing BV-PR competition Luedtke GX0229 BZ-00263322 BZ-00263324 7/29/11 email from Rudy detailing BV's win over PR for Specialized Bikes account Stipulation GX0230 BZ-01187252 BZ-01187253 3/25/10 email chain between Capasso and Schillace detailing "head to head competition with Power Reviews" and showing BV discounted in response to PR Stipulation GX0231 BZ-00045809 BZ-00045814 10/14/09 email chain between Luedtke and Tarter providing background on Luedtke Luedtke X FRE 106 No good cause shown - Exhibit is authentic and admissible pursuant to the parties' Joint Stipulation of Authenticity and Admissibility of Materials for Trial (ECF No 101) GX0232 BZ-01069767 BZ-01069768 12/14/11 email from Halligan to Luedtke, Chen, Parsons, and others re PR Express being in a different market from enterprise PRR Luedtke GX0233 BZ-00670592 BZ-00670594 BZ-00670593 BZ-00670595 11/17/11 cover email chain to -594 from Halligan to Luedtke; -594 contains questions for PR to ask prospective clients during lead qualification process Luedtke GX0234 BZ-01071977 BZ-01071979 BZ-01071978 BZ-01071979 2/23/12 cover email to -979 from Adams to Luedtke, et al , showing BV and PR competition in U S regions for IR 1000 Luedtke GX0235 TEN00027486 TEN00027488 TEN00027487 TEN00027502 Third-party document subject to the Protective Order Luedtke GX0236 Screenshot from PowerReviews Blog re: "In-Line SEO Finally!" Luedtke Stipulation GX0237 Screenshot of Bazaarvoice Press Release, Jan 20, 2011 Luedtke Stipulation N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page14 of 40
  15. 15. GX0238 BZ-00434332 BZ-00434334 1/21/11 email chain from Lotfi to Halligan discussing BV's competitive announcement of smart SEOLuedtke GX0239 BZ-00440893 BZ-00440895 4/15/11 email from Halligan to Hossain, Luedtke, and Chen discussing PR's effort to take a BV customer Luedtke GX0240 BZ-00049396 BZ-00049396 4/5/10 email chain between Luedtke and Walgreens comparing BV and PR Luedtke GX0241 BZ-00066868 BZ-00066869 BZ-00066868 BZ-00066907 5/24/11 cover email to -869 from Luedtke to Morris; -869 is presentation for 5/25/11 meeting of PR Board Luedtke GX0242 Screenshot of PowerReviews Press Release, July 25, 2011 Luedtke Stipulation GX0243 BZ-00068926 BZ-00068932 7/10/11 email chain between Luedtke and Savoy relating to BV's introduction of cross platform syndication Luedtke GX0244 BZ-00636979 BZ-00636980 2/4/11 email chain between Luedtke, Gaffney and Halligan concerning BV's messaging about syndication Luedtke GX0245 BZ-00070432 BZ-00070433 BZ-00070432 BZ-00070434 8/20/11 cover email to -433 from Luedtke to Chen; -433 is 2011 narrative for Luedtke that references the BV network effect Luedtke GX0246 BZ-00048493 BZ-00048494 2/6/10 email from Luedtke to Bortnik describing BV as PR's "major competitor" Luedtke GX0247 TEN00014312 TEN00014313 Third-party document subject to the Protective Order Luedtke GX0248 BZ-00066595 BZ-00066597 5/17/11 email chain between Luedtke and Boyer referencing discounting prices to compete with BVLuedke GX0249 BZ-00168940 BZ-00168942 5/20/11 email chain between Luedtke, Hurt and Chen discussing acquisition of PR by BV Luedtke GX0250 BZ-00906322 BZ-00906323 5/21/11 email from Luedtke to Boyer referencing "head to head" competition with BV Luedtke GX0251 BZ-00074063 BZ-00074063 11/30/11 email from Luedtke to Boyer and Jarve stating that Hurt had called to reengage on merger discussions Luedtke GX0252 BZ-00179418 BZ-00179420 12/7/11 email chain between Luedtke and Jarve noting that BV now thinks buying PR is "a strategic acquisition" Luedtke GX0253 TEN00027188 TEN00027189 Third-party document subject to the Protective Order Luedtke GX0254 BZ-00917338 BZ-00917340 BZ-00917339 BZ-00917342 4/6/12 cover email to -340 from Luedtke to Comée; -340 is PR presentation discussing benefits and downside of acquisition by BV Luedtke Comée X FRE 106 No good cause shown - Exhibit is authentic and admissible pursuant to the parties' Joint Stipulation of Authenticity and Admissibility of Materials for Trial (ECF No 101) GX0255 BZ-01743698 BZ-01743699 8/30/11 email from Luedtke to Mracek describing the retail space where BV operates as a "duopoly Luedtke GX0256 BZ-00780152 BZ-00780154 5/3/12 cover email to -155 from McNeil to Luedtke re Staples Master Services Agreement; -155 is agreement Luedtke GX0257 BZ-01745145 BZ-01745145 7/11/12 email from Luedtke forwarding email from Staples Sr VP who is concerned that BV-PR will try to exploit the merger of #1 and #2 with unreasonable pricing Luedtke GX0258 BZ-01944882 BZ-01944885 1/19/12 email from Camp to Defossé, et al , re PR full court press Defossé GX0259 BZ-00307652 BZ-00307655 3/27/12 email from Svatek to Connery enclosing emails with Defossé regarding how Lithium is not competitor in PRR marketplace against BV Defossé GX0260 BZ-00161579 BZ-00161581 11/20/11 email chain between Hurt, Defossé, Polishook, et al , discussing wins over PR for Hayneedle and HH Gregg and noting importance of BV's syndication networ Hurt Defossé N/A Hayneedle and HH Gregg and noting importance of BV s syndication networ Defossé GX0261 BZ-00161797 BZ-00161798 11/29/11 email from Dodds detailing BV's steal of Grainger account from PR Stipulation GX0262 BZ-00162664 BZ-00162665 2/1/12 email from Northridge to Marchand, et al , re winning Hitachi Global Storage against PR Stipulation GX0263 BZ-00163383 BZ-00163384 3/29/12 email from Ricoy re BV winning SunPower after "fierce competition" from PR Stipulation GX0264 BZ-00163645 BZ-00163646 04/23/12 email from Dadenoff re BV beating PR for Hartz Stipulation GX0265 BZ-00164848 BZ-00164849 6/26/12 email from Northridge to Teich, Hotchkiss, et al , detailing BV's win over a competitive PR for the Amdro account Stipulation GX0266 BZ-00165254 BZ-00165255 7/17/12 email from Hillman detailing win of PetCareRx account over a competitive PR Stipulation GX0267 BZ-00196312 BZ-00196313 3/31/11 email from Kole discussing competition between BV and PR for Air & Water, Inc Stipulation GX0268 BZ-00227675 BZ-00227675 7/20/09 email from Adamietz to all stating that BV won again against PR for Columbia Sportswear Stipulation GX0269 BZ-00232045 BZ-00232047 2/18/10 email from Brown to Capasso describing price competition between BV and PR and demonstrating how PR creates individualized pricing proposals Stipulation GX0270 BZ-00234576 BZ-00234577 5/12/10 email from Schillace discussing head to head competition between BV and PR for Sundanc Stipulation GX0271 BZ-00068730 BZ-00068732 BZ-00068731 BZ-00068743 7/7/11 cover email to -732 from Hossain to Luedtke sharing highlights from a new Gartner profile which states that PR and BV are "dominant" and form a "duopoly"; -732 is the Gartner profile Hossain Luedtke X FRE 106, 402, 403 No good cause shown - Exhibit is authentic and admissible pursuant to the parties' Joint Stipulation of Authenticity and Admissibility of Materials for Trial (ECF No 101) GX0272 BZ-00075205 BZ-00075212 BZ-00075211 BZ-00075228 1/6/12 cover email to -212 from Luedtke to Chen, et al , enclosing chain about eBags selecting PR instead of in-house solution; -212 is presentation showing that in-house solutions are not substitutes for vendor PRR solutions Luedtke GX0273 BZ-00236693 BZ-00236694 7/20/10 email chain among Niemann, Brunner, Guarnieri, et al , discussing competition between BV and PR for Personal Creations Stipulation GX0274 BZ-00056695 BZ-00056696 10/11/10 email chain among Luedtke, Halligan, Chen, et al , showing competition between BV and PR for CSN Luedtke GX0275 BZ-00057093 BZ-00057095 10/27/10 email from Luedtke to Quinn discussing PR's strengths as a company and stating that PR is "in a duopoly in our core market" Luedtke GX0276 BZ-00060765 BZ-00060767 2/4/11 email chain between Luedtke, Halligan, et al , discussing competition between BV and PR with respect to syndication Luedtke GX0277 BZ-00063870 BZ-00063872 4/4/11 email chain among Luedtke, Hossain, Halligan, et al , discussing plans to raise PR's public profile during BVs summit meeting with goals including: "highlight our points of differentiation" and be "in every deal BV is in" Luedtke GX0278 BZ-00066673 BZ-00066676 5/19/11 emails between Luedtke and Jarve referencing margin expansion and market leadership resulting from BV-PR merger Luedtke Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page15 of 40
  16. 16. GX0279 BZ-00069120 BZ-00069123 7/13/11 email chain between Luedtke and Savoy, et al , relating to competition between BV and PR Luedtke GX0280 BZ-00070600 BZ-00070603 8/30/11 email chain between Luedtke and Halligan, et al , with discussion of "puncturing the BV network effect" Luedtke GX0281 BZ-00170896 BZ-00170897 6/24/11 email from Luedtke to Chen and Halligan listing puncturing the network effect as a way to flip BV customers Luedtke GX0282 BZ-00077247 BZ-00077249 3/14/12 email from Luedtke to Harris re Target's concern regarding Pluck Luedtke GX0283 BZ-00079951 BZ-00079952 3/16/11 email from Neenan discussing competition between PR and BV for Spy Optic Stipulation GX0284 BZ-00080044 BZ-00080045 3/18/11 email from Smith discussing competition between BV and PR for Office Designs/Home Office Solutions Stipulation GX0285 BZ-00080160 BZ-00080161 3/21/11 email from Abrahams discussing competition between BV and PR for Tripp-Lite Stipulation GX0286 BZ-00025503 BZ-00025504 1/21/10 Email from Cush to Koester and the Competition group, et al , about syndication and importance in competing with PR for Staples Collins GX0287 BZ-00051515 BZ-00051519 6/22/10 email chain among Luedtke, Heberle, and Grech describing competition with BV for Dillards Luedtke GX0288 BZ-01116622 BZ-01116622 9/19/11 email from Defossé to Thompson regarding Pluck Defossé GX0289 BZ-01282162 BZ-01282165 7/30/12 email chain between Hurt, Petty and Svatek stating that Lithium and BV "almost never compete" Hurt Svatek GX0290 BZ-00725017 BZ-00725021 5/2/11 email from McGrath discussing value and benefits of PR Stipulation GX0291 BZ-00131092 BZ-00131094 6/9/11 email from Ellinor to Osborne, et al , showing BV competition with PR Osborne GX0292 BZ-00131103 BZ-00131105 6/9/11 emails between Hurt, Kenney and Aeropostale relating to Aeropostale's selection of PR over BV Stipulation GX0293 BZ-00131118 BZ-00131121 6/10/11 email chain between Capasso, Osborne and Weaver, et al , showing competition between BV and PR Osborne Dodd Hurt GX0294 BZ-00133531 BZ-00133533 11/19/11 email chain between Brown, Polishook, Hurt, et al , discussing BV's wins over PR for Hayneedle and HH Gregg accounts and stressing importance of BV's syndication network Hurt Defossé GX0295 BZ-00139464 BZ-00139465 2/22/09 BV email from Cortes to Hurt re competing for drugstore com against PR Hurt GX0296 BZ-00139772 BZ-00139774 2/23/09 email among Osborne, Hurt, and others about price competition with PR for drugstore com Osborne Hurt GX0297 BZ-00149836 BZ-00149842 2/20/10 email between Brown, Hurt, Osborne, et al , describing competition with PR for The Gap Osborne Hurt GX0298 BZ-00149971 BZ-00149976 2/22/10 email between Brunner, Hurt, Barton, et al , discussing competition with PR on price and features Hurt Barton GX0299 BZ-00152699 BZ-00152700 4/5/10 email between O'Malley and Hurt showing competition between BV and PR Hurt GX0300 BZ-00152753 BZ-00152754 4/6/10 email between Katz and Hurt, et al , showing competition between BV and PR for TomTom Hurt GX0301 Screenshot of Moontoast: Who We Are blog post Collins Stipulation N/A Stipulation GX0302 Q2 2013 BazaarVoice Earnings Conference Call (Nov 26, 2013) Collins Stipulation GX0303 Q3 2013 BazaarVoice Earnings Conference Call (Feb 21, 2013) Collins Stipulation GX0304 BZ-00513683 BZ-00513688 BZ-00513687 BZ-00513692 2/8/12 cover email to -688 from Osborne to Collins discussing BV's PRR pricing methodology; -68 is pricing presentation Osborne Collins GX0305 BZ-00513719 BZ-00513721 BZ-00513720 BZ-00513725 2/8/12 cover email to -721 from Collins to Morgan Stanley re BV PRR pricing; -721 shows how BV develops pricing Collins GX0306 BZ-00043821 BZ-00043822 5/17/11 email chain between Collins and Brunner discussing BV's pricing Collins GX0307 BZ-00502768 BZ-00502773 3/16/11 email chain between Collins, Fain, Legault and Osborne discussing competition with PR Collins GX0308 BZ-00574513 BZ-00574516 7/6/11 email chain with Osborne, Fanning, Fain and Dodd discussing competition with PR Osborne Collins GX0309 BZ-00509297 BZ-00509301 9/8/11 email chain between Collins and Hurt commenting on BV's analysis of PR's rebranding and new products Collins Hurt GX0310 BZ-00500147 BZ-00500151 1/27/11 email chain between Collins, Marx, Svatek, and Barton discussing PR's pursuit of BV customers Collins Svatek Barton GX0311 BZ-00506014 BZ-00506033 6/9/11 email chain between Collins, Barton and Svatek discussing competition with PR Collins Svatek Barton GX0312 Bazaarvoice Amendment No 4 to Form S-1 (Feb 9, 2012) Collins Stipulation GX0313 BZ-00512633 BZ-00512635 2/2/12 email from Collins to Holt at Morgan Stanley discussing the PRR market and how size and scale are entry barriers Collins GX0314 BZ-00855739 BZ-00855741 BZ-00855740 BZ-00855776 2/5/12 cover email to -741 from Hurt to ICR and Collins re Q&A for IPO; - 741 has proposed Q&A answers Collins GX0315 BZ-00501210 BZ-00501216 3/6/11 email chain between Hurt and Collins discussing acquisition of PR to take out BV's "only competitor" Collins Hurt GX0316 BZ-00810430 BZ-00810433 4/22/11 email chain between Barton and Hurt about acquiring PR to "eliminat[e BV's] primary competitor" and bring "relief from price erosion" Collins Hurt Svatek Barton N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page16 of 40
  17. 17. GX0317 BZ-00812573 BZ-00812575 5/6/11 email chain between Hurt, Barton and Collins stating that PR is not a "threat" to BV Collins Hurt Barton GX0318 Defendant's Answer (ECF No 30) Stipulation GX0319 BZ-00507998 BZ-00508001 7/27/11 email chain between Collins, Hurt, and Defossé discussing competition with PR Collins Hurt GX0320 BZ-00161026 BZ-00161030 10/17/11 email from Collins to Barton, Hurt, and Svatek discussing the rationale for acquiring PR Collins Hurt Barton GX0321 BZ-00844245 BZ-00844247 11/15/11 draft email from Collins to Hurt discussing reasons for acquiring PR, including "no meaningful direct competitor" after the acquisition and "the marketplace does not desire the competition" Collins Hurt GX0322 BZ-00161539 BZ-00161542 11/17/11 email chain between Collins, Barton, Svatek, et al , detailing BV's strategy to "dominate" PRR and "use M&A to buy share (PR)" Collins Barton Svatek GX0323 BZ-01720093 BZ-01720095 12/6/11 email chain between Collins and Luedtke regarding the valuation of PR Collins Luedtke GX0324 BZ-00848920 BZ-00848925 12/9/11 briefing memo about proposed PR acquisition, including end to competition and creation of entry barriers Collins Barton Luedtke Comée GX0325 BZ-01711650 BZ-01711652 BZ-01711651 BZ-01711661 12/15/11 cover email to -652 from Collins to Hurt re draft deck about PR merger; -652 is a briefing presentation Collins Hurt GX0326 BZ-01720200 BZ-01720202 12/16/11 email from Collins to Green re PR acquisition Collins GX0327 BZ-01720170 BZ-01720172 12/15/11 email from Collins re alternatives to merger Collins Hurt GX0328 BZ-01720268 BZ-01720270 12/23/11 email from Collins re pursuing PR after acquisition Collins GX0329 BZ-00511578 BZ-00511580 1/6/12 email chain between Collins and Hurt re PR competing for BV clients Collins Hurt GX0330 BZ-01722655 BZ-01722657 5/8/12 email from Godfrey to Collins, Defossé, Svatek, et al , discussing synergies and justification of PR purchase price Collins GX0331 BZ-01722915 BZ-01722917 BZ-01722916 BZ-01722924 5/18/12 cover email to -917 from Smith to Collins; -917 is draft slide deck regarding post-merger migration plans Smith Collins GX0332 BZ-01277280 BZ-01277286 BZ-01277280 BZ-01277293 5/23/12 cover email to -286 between Smith, Godfrey and Svatek; -286 is a BV presentation discussing a post-acquisition price increase Collins Svatek GX0333 BZ-01049085 BZ-01049088 8/22/12 email chain between Collins and Hurt discussing an upcoming board meeting in which Collins states "to debate that by acquiring our #2 competitor that we cannot voluntarily migrate clients and upsell them is incredulous" Collins Hurt GX0334 BZ-01719684 BZ-01719686 9/7/11 email from Collins to Hurt and Brunner identifying PR as BV's only meaningful competitor Collins Hurt N/A Hurt GX0335 BZ-00506684 BZ-00506686 BZ-00506685 BZ-00506732 6/20/11 cover email to -686 from Brian Smith attaching research articles; -686 is Global TAM Expansion Report Collins X FRE 106, 402, 403 No good cause shown - Exhibit is authentic and admissible pursuant to the parties' Joint Stipulation of Authenticity and Admissibility of Materials for Trial (ECF No 101) GX0336 BZ-01735185 BZ-01735186 1/14/13 email from Collins to Tang and Smith re DOJ antitrust lawsuit Collins GX0337 BZ-01735523 BZ-01735525 1/18/13 email from Skinner to Bolian and Collins re BV rescinding post-acquisition price increase t a customer after DOJ filed suit and stopping such increases on other accounts Collins GX0338 BZ-01736340 BZ-01736345 1/24/13 email from Warner Brothers' Shalit to Collins re concerns about pricing and other requirements post-acquisition Collins GX0339 Notice of Deposition of Bazaarvoice - Schedule A Topics of Examination Collins Stipulation GX0340 4/17/2013 Objections and Responses to Plaintiff's First Set of Interrogatories Collins Stipulation GX0341 BZ-00154651 BZ-00154654 5/11/10 email among Katz, Hurt, Dodd, Osborne, et al , discussing competition with PR for Eddie Bauer Hurt GX0342 BZ-00159647 BZ-00159650 9/26/11 email chain between Osborne and Hurt, et al , stating that PR is "attacking" each of BV's clients but that Menlogeddon is working on a few key prospects Hurt Osborne GX0343 BZ-00159874 BZ-00159875 6/7/11 email from Osborne to Executive Team sending information on how BV won the Big Fish Games account over PR Osborne GX0344 BZ-00159931 BZ-00159934 8/2/11 email chain between Svatek, Defossé and Executive Team addressing syndication and competition with PR Svatek Defossé GX0345 BZ-00160222 BZ-00160223 8/29/11 email from Abrahams detailing win of an "extremely PowerReviews competitive" deal for Oreck account Stipulation GX0346 Screenshot of gandermountain com Bragging Board Stipulation GX0347 BZ-00236695 BZ-00236695 7/20/10 email from Brady describing a "Head to Head fight with PR" for CardsDirect Stipulation GX0348 BZ-00250392 BZ-00250392 3/20/11 email from Kole discussing competition between PR and BV for PC/Nametag Stipulation GX0349 BZ-00261043 BZ-00261047 7/14/11 email chain between Godfrey, Dodd, Brunner, et al , discussing BV's plan to "suffocate PR"Dodd Osborne GX0350 BZ-00296174 BZ-00296176 BZ-00296175 BZ-00296176 1/30/12 cover email to -176 from Clabaugh re winning GORE-TEX against PR Stipulation GX0351 BZ-00305923 BZ-00305925 3/10/12 email from Godfrey showing Harry and David playing BV against PR on price Hurt GX0352 BZ-00339670 BZ-00339673 8/22/12 email chain between Collins and Hurt discussing an upcoming board meeting to discuss acquisition of PR Collins N/A N/A N/A Case3:13-cv-00133-WHO Document112-7 Filed08/26/13 Page17 of 40

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