WP Engine’s motion is a desperate attempt to get sanctions and other extreme remedies because Matt used ephemeral messaging in personal communications with romantic partners having nothing to do with this case. Here’s what really happened, as the brief we filed tonight shows:
- We preserved and collected. A litigation hold was issued to our employees, including Matt. We collected over six terabytes of documents. More than 1.5 million documents were reviewed. Five of Matt’s personal devices were forensically imaged, including his Telegram, WhatsApp, and Signal messaging applications.
- Nothing relevant was part of any ephemeral messaging. Our e-discovery vendor collected messages from Matt’s messaging platforms going back to 2012 (Telegram), 2015 (WhatsApp) and 2019 (Signal) through March 2026 — the entire key period in the case and years on either side. WP Engine cannot identify a single missing message about anything having to do with this case.
- They had every chance to find evidence of their accusations. Fact discovery produced more than 225,000 documents and over 114 hours of deposition testimony — including 21 hours of Matt across three days, with three attorneys, more than 80 exhibits, and over 1,300 questions.
