Professional Documents
Culture Documents
2016-CI-06300
Plaintiff Title Source, Inc. files this Opposition to Defendant HouseCanary, Inc.’s Motion
to Seal Records (the “Motion”), asking this Court to deny HouseCanary’s motion in its entirety.
Actions speak louder than words. The documents at issue in the Motion were freely used
in open court as trial exhibits—in many cases, by HouseCanary itself, to successfully advance its
core claims—without the slightest effort to seal or otherwise protect them against public
disclosure. HouseCanary now asks this Court to erase 30 key exhibits from the public record,
claiming that the value of the information therein depends on its confidentiality and that
own behavior at trial directly belies these assertions. If these documents were truly as sensitive
as HouseCanary now claims, then HouseCanary would have taken the necessary steps to protect
them before they were introduced at trial—as expressly provided by the Court’s Protective Order
and by Texas Rule of Civil Procedure 76a, and just as HouseCanary tried to do for other
confidential documents. Those failures are telling, and they doom the Motion.
flaws in its argument. Indeed, HouseCanary never engages these critical issues, and its failure to
take even the smallest step to protect the exhibits against public disclosure at trial cannot be
disputed. HouseCanary instead tries to imply that the jury’s findings on trade secrets somehow
compel the sealing of these exhibits after the fact. But a jury verdict cannot, of course, alter the
sealing standard under Texas law or undo HouseCanary’s own actions. The meager arguments
offered in the Motion do not surmount—and certainly not “clearly” so—Rule 76a’s
HouseCanary’s Motion is without merit and should be denied on the following grounds:
I. HouseCanary failed to follow the procedure laid out in the Protective Order
for sealing confidential materials. Under the plain terms of the Court’s Protective Order, a
party that wished to present confidential materials at trial without making those materials part of
the public record was required to obtain a temporary sealing order, followed by a motion to
permanently seal the document within five business days. HouseCanary did not even attempt to
II. HouseCanary failed to satisfy the public notice requirements of Rule 76a and
cannot demonstrate any “specific, serious and substantial interest” that “clearly
comply with the mandatory public notice requirements of Rule 76a, because its notice fails to
provide a “specific description” of the documents it seeks to seal. The Motion should be denied
for that reason alone. Moreover, because HouseCanary made zero effort to seal the exhibits
prior to their use in open court, they are now a matter of public record. The Motion fails to
2
grapple with that reality, instead assuming an alternate universe in which sealing is necessary to
“maintain[] confidentiality.” Mot. 6 (emphasis added). But the documents at issue have already
been “revealed to . . . the public.” Id. at 4. As a result, HouseCanary cannot demonstrate any
“specific, serious and substantial interest” that “clearly outweighs” the presumption of openness,
III. HouseCanary cannot overcome the public’s common law and First
demonstrate the compelling interest necessary to overcome the public’s common law and First
Amendment right of access to court records. HouseCanary gave away any such interest long
ago. And “the bell, once rung, cannot be unrung. Once in the public domain, the [alleged] trade
secret must remain in the public domain.” McClain v. State, 269 S.W.3d 191, 197 (Tex. App.—
Having elected to offer into evidence and wield many of these documents in open court
to advance its own interests, HouseCanary must live with the consequences. The Protective
Order, Rule 76a, and the public right of access all make clear that this information must remain
BACKGROUND
On September 12, 2016, the Court entered a Stipulated Protective Order that was drafted
and agreed to by the parties. The Protective Order was designed to protect certain documents
from “public disclosure” during discovery. Ex. 1, Stipulated Protective Order 1. Under the
Protective Order, a producing party was required to affix to the relevant document a
3
The Protective Order expressly states that material designated as confidential during
used in open court at trial. The Order provides that “the protections conferred by this Order do
not cover . . . any information . . . [that] becomes part of the public domain . . . including
becoming part of the public record through trial or otherwise.” Id. ¶ 2. Thus, confidential
documents filed in open court lose their protection unless they are submitted under seal.
Under the plain terms of the Protective Order, a party that wished to present confidential
materials at trial without making those materials part of the public record was required to obtain
“a court order authorizing the sealing of the specific Protected Material at issue.” Id. ¶ 11.3. The
Protective Order itself would operate as a “temporary sealing order.” Id. But for that material to
remain under seal, “the party desiring to maintain the confidentiality of such material” was
required to “file a motion to seal the information pursuant to Rule 76a within five (5) business
The parties were well aware that the Protective Order required the filing of a separate
motion to seal in order to maintain confidentiality over documents used at trial. During the trial,
Title Source adhered to this procedure and moved for a temporary and permanent sealing order
to protect Title Source’s proprietary computer source code for its MyAVM model, seeking to
protect this confidential source code before Dr. Claude Wang testified regarding MyAVM. See
Ex. 2, Mot. to Protect Trade Secrets & Seal Docs. HouseCanary opposed the motion, contending
that there is “a presumption in favor of allowing all parties to have access to the trade secret
evidence.” Ex. 3, Opp. to Mot. to Protect Trade Secrets & Seal Docs. 1. On February 28, 2018,
the Court granted Title Source’s motion in part, sealing “[a]ll records and exhibits of Dr. Wang’s
testimony concerning the Source Code, his research for the Source Code . . . and all exhibits
4
containing the Source Code itself.” Ex. 4, Order on Mot. to Protect Trade Secrets & Seal Docs.
¶ 2. The Court further ruled that the courtroom would be closed during Dr. Wang’s testimony,
and that his testimony “shall not be disclosed to anyone except attorneys for the parties and their
experts in this case and shall not be made public or used for any purpose besides litigating this
case.” Id. ¶¶ 3–5. The Court then ensured that the courtroom was cleared of members of the
public during discussions of Title Source’s source code. See, e.g., Trial Tr. 2/28/2018 AM
be sealed prior to its use at trial. For example, HouseCanary requested that the Court temporarily
seal a document reflecting HouseCanary’s source code before it was presented in the courtroom.
The Court granted that request and closed the courtroom during discussion of HouseCanary’s
source code, as it had done for the discussion of Title Source’s source code. See, e.g., Trial Tr.
3/1/2018 AM 128:3–11.
By contrast, HouseCanary never asked that any of the exhibits it now seeks to seal—or
any other documents—be either temporarily or permanently sealed before they were introduced
at trial. Nor did it request that the courtroom be closed during any other portion of the trial.
Instead, these exhibits were freely referenced, presented, and discussed in open court. And with
the sole exception of PX193 (a data vendor contract that was never mentioned by either side),
every single one of these exhibits was admitted into evidence either by HouseCanary itself or
without any objection from HouseCanary. See App.; Trial Tr. 1/26/2018 59:20–61:17, 155:7–
156:2. Moreover, HouseCanary relied heavily on several of these exhibits to support its claims.
For example, PX64––an email attaching House Canary’s “data dictionary”—was referenced in
HouseCanary’s opening statement and discussed repeatedly by several witnesses in open court.
5
See App. 1–2. Similarly, DX759—a document describing House Canary’s “similarity score”
and “valuation suitability score”—was repeatedly discussed by both parties throughout the trial.
Id. at 3. Indeed, with the exception of one duplicate exhibit,1 all the exhibits that relate to
HouseCanary’s “trade secrets” were discussed in open court throughout the trial, including by
HouseCanary itself.
On April 26, 2018—43 days after the trial was concluded—HouseCanary filed its
Motion, claiming that certain of the trial exhibits (the “Exhibits”) that it previously allowed to be
publicly disclosed are so sensitive that they cannot remain available to the public. The Motion
breaks down the Exhibits into a category of documents that supposedly “reflect” HouseCanary’s
purported “trade secrets”2 and three other categories of purportedly “confidential” and
“proprietary” business and financial information comprising financials,3 contracts,4 and a board
ARGUMENT
HouseCanary claims that its interest in retroactively sealing the Exhibits is powerful
enough to overcome the longstanding rule that court records should be open to the public. The
best test of that assertion is not what HouseCanary says, but what it did. At trial, HouseCanary
never treated the Exhibits as confidential—to the contrary, it freely used many of those Exhibits
1
DX835, which HouseCanary pre-admitted into evidence, includes the same material that was
attached to PX49 and PX64—both of which were used at trial. See App. 3, 4.
2
DX95, DX342, DX561, DX759, DX800, DX835, PX49, PX64.
3
DX633/PX337, PX22, PX24, PX36, PX390.
4
DX93/PX59, DX239/PX154, DX808/PX9, DX1011/PX127, DX1012/PX128,
DX1013/PX169, DX1014/PX170, DX1015/PX267, DX1016/PX129, PX40, PX62, PX193,
PX386, PX388, PX389, PX395. HouseCanary’s pairing of DX239/PX154 appears to be in
error, as DX239 and PX154 are different documents.
5
PX100.
6
in open court to support its claims, and never objected to the admission or Title Source’s use of
the others. Although the Protective Order spells out a specific procedure for sealing confidential
material used at trial, HouseCanary never even tried to use that procedure to seal the Exhibits—
even though it did ask to seal other material—before they were publicly revealed. The Protective
Order, Rule 76a, the common law right of public access, and the First Amendment each clearly
prevent HouseCanary from retroactively sealing court documents that it voluntarily placed in the
I. HouseCanary’s Motion Should Be Denied Because It Violates the Plain Terms of the
Protective Order
HouseCanary failed to comply with the requirements of the Protective Order for
It is undisputed that HouseCanary never filed any motion to seal the Exhibits prior to
their disclosure in open court. It was not until six weeks after trial ended—long after the
Exhibits were used at trial and the Protective Order’s five-day window to move for permanent
sealing expired—that HouseCanary filed the instant Motion. HouseCanary offers no excuse for
its failure to seal the Exhibits before they were disclosed at trial—even though it certainly knew
how to do so, as evinced by HouseCanary’s request to seal information about its source code
HouseCanary instead tries to confuse the issue by insinuating that the mere fact that the
discovery somehow operated to preserve confidentiality during trial. See Mot. 2–3. That is
wrong. Those designations were made pursuant to the Protective Order’s provisions regarding
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confidentiality in the discovery process, not confidentiality at trial.6 To keep documents
admitted into evidence at trial out of the public realm, the Protective Order required a motion to
seal within five business days of submitting the document under temporary seal. See Ex. 1
¶ 11.3 (“party desiring to maintain the confidentiality” of a trial record must file separate motion
“within five (5) business days” of disclosure). HouseCanary never made such a motion.
The Motion therefore fails under the plain terms of the Protective Order, and should be
II. HouseCanary’s Motion Also Fails Under Rule 76a’s Procedural and Substantive
Requirements
HouseCanary’s public disclosure of the Exhibits also bars it from retroactively sealing
Rule 76a governs the sealing of “court records,” which are broadly defined to include “all
documents of any nature filed in connection with any matter before any civil court,” with certain
exceptions not relevant here. Tex. R. Civ. P. 76a(2)(a) (emphasis added). The Exhibits at issue
qualify as “court records,” as HouseCanary itself recognizes by moving to sealing them under
Rule 76a. See Mot. 5–6 (moving to seal under Rule 76a). And “court records . . . are presumed
to be open to the general public and may be sealed only” if HouseCanary proves, among other
things, “a specific, serious and substantial interest which clearly outweighs . . . this presumption
of openness.” Tex. R. Civ. P. 76a(1); see also id. 76a(7) (“[T]he burden of making the showing
6
Indeed, a protective order that allowed a party to file documents under seal at trial merely
because they were marked “confidential” during discovery would violate Rule 76a. See
Clear Channel Commc’ns, Inc. v. United Servs. Auto. Ass’n, 195 S.W.3d 129, 136 (Tex.
App.—San Antonio 2006, no pet.) (rejecting protective order that directed clerk to file
documents under seal on the basis that they were marked “confidential” in discovery without
complying with motion to seal requirements under Rule 76a).
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required by paragraph 1, shall always be on the party seeking to seal records.”). HouseCanary
For starters, HouseCanary has not met Rule 76a’s strict public notice requirements.
Under Rule 76a(3), any party moving to seal records is required to post and file a “public notice”
containing “a brief but specific description of . . . the records which are sought to be sealed.”
“Rule 76a by its very terms operates to benefit the public at large and not just the party litigants.”
Chandler v. Hyundai Motor Co., 844 S.W.2d 882, 883 (Tex. App.—Houston [1st Dist.] 1992, no
writ). The “specific description” requirement ensures “that the public can immediately
determine the subject of the proceeding,” to better inform decisions by members of the public
about whether to oppose sealing. Lloyd Doggett & Michael J. Mucchetti, Public Access to
Public Courts: Discouraging Secrecy in the Public Interest, 69 Tex. L. Rev. 643, 679 (1991) (“A
more particularized description is necessary to further the Rule’s purposes; it must explain why
sealing is sought and what type of records are involved without endangering the alleged secret.”).
The notice HouseCanary posted does not include any “specific description” of the records
it seeks to seal—instead, the notice merely lists exhibit numbers. Ex. 5, Public Not. of Mot. to
Seal ¶ 3. HouseCanary has thus failed to comply with the mandatory notice requirements of
Rule 76a(3). The Motion can and should be denied for that threshold reason alone. See Stroud
Oil Props., Inc. v. Henderson, 2-03-003-CV, 2003 WL 21404820, at *1 (Tex. App.—Fort Worth
June 19, 2003, pet. denied) (reversing sealing order when the notice “did not give a specific
Moreover, even if HouseCanary had satisfied the procedural requirements of Rule 76a, it
has failed to make the necessary substantive showing to preclude access to public records: a
“specific, serious and substantial interest which clearly outweighs . . . th[e] presumption of
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openness.” Tex. R. Civ. P. 76a(1); see Boardman v. Elm Block Dev. Ltd. P’ship, 872 S.W.2d
297, 299 (Tex. App.—Eastland 1994, no writ) (a movant must satisfy “the heavy burdens” of
Rule 76a “in order to secure an order sealing court records”). The entirety of HouseCanary’s
cursory argument is that the Exhibits it belatedly seeks to seal purportedly contain “trade secrets”
and other “sensitive financial and business information.” Mot. 6. HouseCanary further posits
that documents containing supposedly confidential business and financial information must also
Courts routinely (and correctly) refuse to seal trade secrets or other supposedly
confidential materials that have been freely discussed in open court or admitted into evidence
without objection. As a matter of blackletter law, publicly disclosing information in open court
bars the discloser from later claiming that the information is confidential. “It is a well-
established principle of American jurisprudence that the release of information in open trial is a
publication of that information and, if no effort is made to limit its disclosure, operates as a
waiver of any rights a party had to restrict its further use.” Level 3 Commc’ns, LLC v. Limelight
Networks, Inc., 611 F. Supp. 2d 572, 583 (E.D. Va. 2009) (internal quotation marks omitted).7
This principle is embodied in “the rule in Texas that the protections afforded by a privilege are
waived by voluntary disclosure of the privileged documents.” Jordan v. Court of Appeals, 701
S.W.2d 644, 649 (Tex. 1985); see also Stroud Oil Props., 2003 WL 21404820, at *3 (Tex.
7
See also Littlejohn v. Bic Corp., 851 F.2d 673, 680 (3d Cir. 1988) (rejecting confidentiality
protections for documents, including purported trade secrets, on the ground that “the release
of information in open court ‘is a publication of that information and, if no effort is made to
limit its disclosure, operates as a waiver of any rights a party had to restrict its future use’”);
In re Cont’l Ill. Secs. Litig., 732 F.2d 1302, 1314–15 (7th Cir. 1984) (public disclosure in
court waives confidentiality); Nat’l Polymer Prods. v. Borg-Warner Corp., 641 F.2d 418,
421 (6th Cir. 1981) (same).
10
App.—Fort Worth June 19, 2003, pet. denied) (explaining that parties “waived any alleged
The rule that confidentiality protections are waived by voluntary disclosure applies with
particular force where, as here, a party failed to comply with the provisions of a protective order.
Courts have held that material cannot be sealed under Rule 76a when the movant ignored
[protective] order [is] intentional conduct inconsistent with claiming confidentiality.” Compaq
Comput. Corp. v. Lapray, 75 S.W.3d 669, 675 (Tex. App.—Beaumont 2002, no pet.) (rejecting
sealing motion under Rule 76a for purported “trade secrets” when party failed to seal them
according to the protective order’s procedures); see also Volvo Car Corp. v. Marroquin, 13-06-
00070-CV, 2009 WL 3647348, at *3–4 (Tex. App.—Corpus Christi Nov. 5, 2009, pet. denied)
(materials could not be sealed where protective order required separate motion to protect
documents disclosed at trial, and party failed to make such a motion or otherwise limit disclosure
This waiver-by-disclosure rule squarely applies not only to HouseCanary’s financial and
business documents, but also to the documents supposedly containing HouseCanary’s trade
secrets. “It is self-evident that the subject matter of a trade secret must be secret.” Luccous v.
J.C. Kinley Co., 376 S.W.2d 336, 338 (Tex. 1964) (emphasis added). Courts therefore reject
arguments that “if it’s a trade secret, it must be sealed as a matter of law.” Compaq, 75 S.W.3d
at 674. The owner of a purported trade secret “will lose his secret by its disclosure unless it is
done in some manner by which he creates a duty and places it on the other party not to further
disclose.” Furr’s Inc. v. United Specialty Advert. Co., 385 S.W.2d 456, 459 (Tex. Civ. App.—El
Paso 1964, writ ref’d n.r.e.); see Interox Am. v. PPG Indus., Inc., 736 F.2d 194, 202 (5th Cir.
11
1984) (“One who voluntarily discloses information or who fails to take reasonable precautions to
ensure its secrecy cannot properly claim that the information constitutes a trade secret.”).
Thus, information that is disclosed on the public record cannot be said to constitute a
trade secret, whatever its prior status. See Tewari De-Ox Sys., Inc. v. Mountain States/Rosen,
L.L.C., 637 F.3d 604, 612 (5th Cir. 2011) (information that is publicly disclosed is not a trade
secret); see also Sw. Research Inst. v. Keraplast Techs., Ltd., 103 S.W.3d 478, 482 (Tex. App.—
San Antonio 2003, no pet.) (“no trade secret protection is available when the material or
procedure at issue has been publicly disclosed”). “Once in the public domain, the [alleged] trade
secret must remain in the public domain.” McClain, 269 S.W.3d at 197.
HouseCanary implies that the jury’s findings that the data dictionary, similarity score,
and valuation suitability score constitute trade secrets8 somehow trumps this body of authority.
See Mot. 4. But a jury verdict cannot, of course, change the law of Rule 76a or retroactively cure
Motion explains how the Exhibits actually reveal any trade secret. In any event, regardless of
whether the Exhibits might once have been considered confidential, their subsequent public
disclosure at trial stripped them of any trade secret status or other confidentiality protection. See,
e.g., Level 3, 611 F. Supp. 2d at 583 (use “of information in open trial . . . operates as a waiver of
any rights a party had to restrict its further use”). Here, the Exhibits relating to the alleged trade
secrets were all offered up as evidence and discussed at trial by HouseCanary itself (with the
exception of the duplicate document), making the case for the loss of protected status all the
more powerful.
8
Title Source does not believe that these findings are legally or factually supportable, and will
submit further briefing on these issues in due course.
12
For all these reasons, HouseCanary’s “interest in maintaining secrecy does not ‘clearly
outweigh’ the presumption of openness” under Rule 76a. Volvo Car Corp., 2009 WL 3647348,
at *4. HouseCanary freely discussed and publicly disclosed the Exhibits throughout the trial—
III. The First Amendment and the Common Law Right of Public Access Prohibit
HouseCanary’s Attempt To Remove the Exhibits From the Public Court Record
Even if the Protective Order, Rule 76a, and the waiver of any confidentiality or “trade
secret” rights did not defeat the Motion—and they do—the right of public access to open court
records separately precludes HouseCanary’s efforts to erase the Exhibits from the trial record.
strong presumption favoring public access to all judicial records and documents.” In re Doe, 501
S.W.3d 313, 338 (Tex. App.—Houston [14th Dist.] 2016, no pet.); see also Ashpole v. Millard,
778 S.W.2d 169, 170 (Tex. App.—Houston [1st Dist.] 1989, no writ) (“Courts have long
recognized the general right of the public to have access to judicial records.”). This
HouseCanary previously recognized, in the Trade Secrets Act. See Ex. 3, Opp. to Mot. to Protect
Trade Secrets & Seal Docs 1 (noting that the Trade Secrets Act contains a “presumption” in
The “strong presumption” of public access to judicial records “is rooted in both the
common law and the First Amendment.” Doe, 501 S.W.3d at 338. But “[i]rrespective of the
particular basis underlying the right of access to judicial records,” that right “may be abrogated
Specifically, “in order to pass constitutional muster and overcome the presumption of
openness, a trial court must: (1) identify an overriding or compelling interest; (2) make findings,
13
sufficiently specific for review, that the exclusion of the public and/or media is essential to
preserve higher values; and (3) consider whether alternatives to total exclusion or closure are
available in order to narrowly tailor the solution to serve the identified interest or value.” Hous.
Chronicle Pub. Co. v. Crapitto, 907 S.W.2d 99, 105 (Tex. App.—Houston [14th Dist.] 1995, no
writ); see also id. at 106 (this is “the minimum” showing that must be made to seal public court
records under the U.S. Constitution). Where, as here, much of the “the information at issue . . .
was introduced in open court during a public court session, the burden of showing that the
information should be stricken from the public record is especially high.” Kroy IP Holdings,
LLC v. Safeway, Inc., 2:12-CV-00800-WCB, 2015 WL 432012, at *3 (E.D. Tex. Feb. 2, 2015).
HouseCanary’s Motion does not come close to meeting that exacting standard. It
these public records, and no reason to believe that sealing these records is “narrowly tailored to
serve” any such compelling interest. Doe, 501 S.W.3d at 339 (internal quotation marks omitted).
harmed” absent sealing. Mot. 6. But “[s]uch general assertions of prospective harm are not
sufficient to satisfy the requirement that a compelling showing be made to support a redaction or
sealing order, particularly when the information has already been disclosed in open court.”
Safeway, Inc., 2015 WL 432012, at *3. Given that the Exhibits were “introduced into the record
by [HouseCanary’s] counsel without any suggestion that [they were] sensitive or confidential,”
there can be no compelling interest sufficient to override the presumption of openness. Id.; see
also N. Cypress Med. Ctr. Operating Co., Ltd. v. Cigna Healthcare, 781 F.3d 182, 204 (5th Cir.
2015) (affirming grant of unsealing motion when party seeking to maintain sealing “d[id] not
identify any particular confidential information in the orders that may cause it harm, and much of
14
the information therein is available” publicly); Dickey’s Barbecue Pit, Inc. v. Neighbors, 4:14-
CV-484, 2015 WL 13466613, at *3 (E.D. Tex. June 5, 2015) (“As the information in this
document has already been disclosed [in court], the public’s common-law right of access
In short, “[t]he First Amendment public right of access to these exhibits sprang into
existence upon their being offered into evidence for the jury’s consideration at trial.” Level 3,
611 F. Supp. 2d at 588. Because “no request was made to seal them prior to or at that time,”
HouseCanary “waived any future right to assert any competing interest to be weighed by the
Court and, thus, any objection to the public availability of the exhibits in the Court’s files.” Id.
HouseCanary’s asserted interest in secrecy is a horse that it let out of the barn long ago. There is
nothing to be accomplished by slamming the door shut now, except undermining the public’s
right to know.
PRAYER
For the foregoing reasons, Plaintiff respectfully submits that Defendant’s Motion to Seal
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Dated: May 9, 2018 Respectfully submitted,
16
CERTIFICATE OF SERVICE
I hereby certify that on the 9th day of May, 2018, the foregoing document was served on
the following counsel of record by email in accordance with the Texas Rules of Civil Procedure:
Max L. Tribble
Matt Behncke
Rocco Magni
SUSMAN GODFREY
1000 Louisiana St., Suite 5100
Houston, TX 77002-5096
mtribble@susmangodfrey.com
mbehncke@susmangodfrey.com
rmagni@susmangodfrey.com
Kalpana Srinivasan
SUSMAN GODFREY LLP
1901 Avenue of the Stars, Suite 950
Los Angeles, CA, 90067-6029
ksrinivasan@susmangodfrey.com
Elisha Barron
SUSMAN GODFREY LLP
1301 Ave. of the Americas, 32nd Floor
New York, NY 10019
ebarron@susmangodfrey.com
Ricardo Cedillo
DAVIS, CEDILLO & MENDOZA, INC.
755 E. Mulberry, Suite 500
San Antonio, Texas 78212
Telephone: (210) 822-6666
Facsimile: (210) 822-1151
rcedillo@lawdcm.com
17
APPENDIX
PX64 Email from J. Sicklick to J. 1/26/18 Tr. at 59:20-61:23 (TSI offered and pre-admitted)
Petkovski, D. Majewski cc to R.
Walker, C. Stroud re: 1/31/18 AM Tr. at 86:18-87:9 (discussed by HC counsel
HouseCanary Analytics Proposal during opening argument)
DX800 Presentation re: House Canary 1/26/18 Tr. at 59:20-61:23 (HC offered and pre-admitted)
Appraisal Complexity API (TSI-
HC 00001008-00001015) 2/26/18 PM Tr. at 187:5-189:5 (discussed by HC
counsel/witness during direct examination)
DX835 Spreadsheet re Summary of Data 1/26/18 Tr. at 59:20-61:23 (HC offered and pre-admitted)
Dictionary (TSI-HC 00724741)
“Financials”
PX22 Email from J. Sicklick to B. 1/26/18 Tr. at 155:17-156:2 (TSI offered and pre-
West re: Old Financials with admitted)
attachment (HouseCanary
Financial Model 8‐29)
(HC00059206‐00059207.081)
PX24 Email from D. Petty to B. West, 1/26/18 Tr. at 155:17-156:2 (TSI offered and pre-
cc: J. Sicklick, G. Klier and D. admitted)
Chan, re: Financials with
attachments (HouseCanary Cap
Table and Financial Model 8‐29)
(HC00063914‐0063917.003)
PX36 Email from B. West to J. 1/26/18 Tr. at 59:20-61:23 (TSI offered and pre-admitted)
Sicklick re: The 1,000 appraiser
challenge with attachment 3/8/18 AM Tr. at 74:9-80:3 (discussed by HC witness
(HouseCanary Financial during cross examination by TSI counsel)
Model_15‐03‐20)
(HC00063406‐00063408)
PX337/ Email from G. Klier to J. 1/26/18 Tr. at 59:20-61:23 (TSI offered and pre-admitted
DX6331 Sicklick re: HC Financials PX337; HC offered and pre-admitted DX633)
March 2016 with Attachment
(HC00027809‐00027811)
1
Exhibits listed as PX/DX are duplicate exhibits.
PX59/ ClearCapital.com, Inc. Contract 1/26/18 Tr. at 59:20-61:23 (TSI offered and pre-admitted
DX93 for MLS Real Estate Analytics PX59; HC offered and pre-admitted DX93)
(HC00132799‐00132815)
PX127/ Real Estate Digital LLC 1/26/18 Tr. at 59:20-61:23 (GDC 00281-283) (TSI offered
DX1011 Statement of Work to and pre-admitted PX127; HC offered and pre-admitted
Technology & Services DX1011)
Agreement rDesk BPO Web
Services (HC00120522‐
00120538)
PX128/ Real Estate Digital LLC 1/26/18 Tr. at 59:20-61:23 (GDC 00281-283) (TSI offered
DX1012 Technology Services Agreement and pre-admitted PX128; HC offered and pre-admitted
(HC00121331‐00121344) DX1012)
2
Note that DX239 is a different document than PX154.