Monday, September 26, 2022

Guano In Delaware

If this is a day ending in "y" then there must be discovery orders issued by the overburdened Delaware Court of Chancery in Twitter v. Musk

Defendants continue to press for the historical account data. Specifically, Defendants seek all information that the reviewers who conducted the mDAU audit had access to through an application called “Guano Notes,” including but not limited to information regarding accounts that were suspended or placed in ROPO status. Plaintiff maintains that Defendants are not entitled to this data under my August 25 Order and that it is not relevant in any event, because the agents who performed the quarterly mDAU audit were not instructed to consider it. Still, Plaintiff has attempted to moot this issue, offering to produce additional data other than Guano Notes reflecting the suspension and ROPO status of each of the 9,000 accounts.

I confess that I do not totally comprehend the significance of or burden in collecting Guano Notes. The parties should be prepared to drill into this issue—albeit in layman’s terms—during the September 27 hearing. I will hold my determination on Defendants’ Seventh Discovery Motion in abeyance until then.

Britannica gives a definition of guano

guanoaccumulated excrement and remains of birds, bats, and seals, valued as fertilizer.

(Mike Frisch)

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