Court filing

Declaration of Tamerlane Carter — Brooks v. Thomson Reuters Corporation (Dkt. 88.1)

Summary

A Declaration of Tamerlane Carter, Document 88-1, filed 04/25/22 in Case 3:21-cv-01418-EMC, Cat Brooks and Rasheed Shabazz v. Thomson Reuters Corporation, Case No. 3:21-CV-01418-EMC, in the United States District Court for the Northern District of California, three pages, with counsel for Non-Party File & ServeXpress, LLC. The caption lists a date of June 30, 2022 at 1:30 p.m. before Judge Edward Chen. The declarant states that he is the Chief Executive Officer of File & ServeXpress, LLC (FSX), which retrieves publicly filed court documents and redistributes them to third parties such as West Publishing Corporation under service agreements. He states that the Service Agreement between FSX and West Publishing Corporation dated August 1, 2014 applies only to services in Delaware and does not address material originating in California.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Declaration of Tamerlane Carter — Brooks v. Thomson Reuters Corporation (Dkt. 88.1).” Original at ecf.cand.uscourts.gov, No. 3:21-cv-01418-EMC, Doc. 88-1. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-brooks-thomsonreuters-cand-374304/2022-06-30-gov-uscourts-cand-374304-88-1-gov-uscourts-cand-374304-88-1/, SHA-256 1803d98780c03593ab3fb2bfd0df4ea2bb1dd66fb6ed63db2f0e899b87190b75.

Search CourtListener for this docket number

Full text

Case 3:21-cv-01418-EMC Document 88-1 Filed 04/25/22 Page 1 of 3

1 ALAN OUELLETTE, CA Bar No. 272745
aouellette@foley.com
2 FOLEY AND LARDNER LLP
555 CALIFORNIA STREET, SUITE 1700
3 SAN FRANCISCO, CA 94102
Telephone: 415-434-4484
4
Attorneys for Non-Party
5 File & ServeXpress, LLC
6
UNITED STATES DISTRICT COURT
7
NORTHERN DISTRICT OF CALIFORNIA
8

9
CAT BROOKS and RASHEED SHABAZZ, Case No. Case No. 3:21-CV-01418-EMC
10 individually and on behalf of all others similarly
situated, DECLARATION OF TAMERLANE
11 CARTER
Plaintiff,
12 Date: June 30, 2022
vs. Time: 1:30 p.m.
13 Location: Courtroom 5, 17th Floor
THOMSON REUTERS CORPORATION,
14 Judge: Edward Chen
Defendant.
15

18 1. My name is Tamerlane Carter. I am above the age of 18, and I am competent to make this
19 affidavit. Everything contained herein is based on my personal knowledge, and I have
20 personal knowledge of that which is contained herein.
21 2. I have never been convicted of any crime, including a felony or a crime of moral turpitude.
22 3. I am the Chief Executive Officer of File & ServeXpress, LLC (“FSX”), the non-
23 party/intervenor in the above-captioned litigation.
24 4. FSX is in the business of retrieving and/or obtaining publicly filed court documents from
25 specified jurisdictions, compiling them, and redistributing them to third parties, like West
26 Publishing Corporation, pursuant to service agreements.
27 5. I have reviewed the Service Agreement between FSX and West Publishing Corporation that
28 is dated August 1, 2014, and I have personal knowledge of the contents of the Service

DECLARATION OF TAMERLANE CARTER
Case No. 3:21-CV-01418-EMC
Case 3:21-cv-01418-EMC Document 88-1 Filed 04/25/22 Page 2 of 3

1 Agreement.
2 6. The Service Agreement only applies to FSX’s provision of services in the State of Delaware,
3 with respect to the non-sealed documents filed in three specific Delaware state courts: the
4 Delaware Court of Chancery, the Delaware Superior Court, and the Delaware Supreme Court.
5 7. The Service Agreement does not address, contemplate, or apply to any material that originates
6 in the State of California or its court system.
7 8. The Service Agreement contains both confidential and proprietary information that is integral
8 to FSX, LLC’s business model.
9 9. This information includes, but is not limited to, how FSX obtains the information that it
10 disseminates, the frequency with which it distributes the information it obtains, to whom it
11 distributes the information it obtains, and the pricing model that it has created for the provision
12 of the services described herein.
13 10. The Service Agreement also addresses issue of title and licensing for the material that FSX
14 obtains via the Service Agreement, which is confidential and proprietary to FSX and FSX’s
15 business model.
16 11. FSX has taken affirmative steps to shield the information contained within the Service
17 Agreement from public disclosure by including a confidentiality provision within the Service
18 Agreement. This provision mandates that the Service Agreement and information related
19 thereto be kept strictly confidential.
20 12. FSX maintains that the Service Agreement is confidential and proprietary to its business
21 model because it contains information that would be valuable to FSX’s competitors if they
22 were to obtain or otherwise have access to the Service Agreement.
23 13. The Service Agreement does not mention, contemplate, or include any information related to
24 Thomson Reuters’ “CLEAR” program.
25 ///

26 ///

27 ///

28 ///

DECLARATION OF TAMERLANE CARTER
2 Case No. 3:21-CV-01418-EMC
Case 3:21-cv-01418-EMC Document 88-1 Filed 04/25/22 Page 3 of 3

FURTHER AFFIANT SAYETH NAUGHT.

2
....
.) Sworn and subscribed to by _ _
I
____e
yf'---~ _ca.___;~_ ___
4

5 On this, t h e ~ day of April, 2022.

7 Printed Name: Tamerlane Carter

9 STATE OF TEXAS

11 COUNTY OF~ ~ \ ~

13
~ · . 1:,~~~C:U,>.!:'.
14
Before me, ~\ ~cl, cl(,~, on this day personally appeared e,_Il,_ , known to
me (or proved to me through government issued identification) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
15
purposes and consideration therein expressed.
16

17
SUBSCRIBED AND SWORN TO ME, and
18

19
Given under my hand and seal of office this ~ day of April, 2022.
20

22 Notary Public's Signature
23

24 GIMA S AUSTIN
[Seal of Notary Public] Notary ID #132275688
My Commission Expires
25 December 6, 2023

26
3
27

File and source

File: gov.uscourts.cand.374304.88.1.pdf
Size: 748,517 bytes
SHA-256: 1803d98780c03593ab3fb2bfd0df4ea2bb1dd66fb6ed63db2f0e899b87190b75
Our copy: gov.uscourts.cand.374304.88.1.pdf
Original: PACER (login required)