YANG DECLARATION ISO UBER’S MOTION FOR RECONSIDERATION

Case No. 3:17-cv-00939-WHA 

sf-3784143 

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MICHAEL A. JACOBS (CA SBN 111664)

MJacobs@mofo.com 

ARTURO J. GONZÁLEZ (CA SBN 121490) 

AGonzalez@mofo.com 

ERIC A. TATE (CA SBN 178719) 

ETate@mofo.com 

RUDY Y. KIM (CA SBN 199426) 

RKim@mofo.com 

MORRISON & FOERSTER LLP

425 Market Street 

San Francisco, California 94105-2482 

Telephone: 415.268.7000 

Facsimile: 415.268.7522 

KAREN L. DUNN (Pro Hac Vice) 

kdunn@bsfllp.com 

HAMISH P.M. HUME (Pro Hac Vice) 

hhume@bsfllp.com 

BOIES SCHILLER FLEXNER LLP 

1401 New York Avenue, N.W. 

Washington DC 20005 

Telephone: 202.237.2727 

Facsimile: 202.237.6131 

Attorneys for Defendants 

UBER TECHNOLOGIES, INC. 

and OTTOMOTTO LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

WAYMO LLC, 

Plaintiff, 

v. 

UBER TECHNOLOGIES, INC., 

OTTOMOTTO LLC; OTTO TRUCKING LLC, 

Defendants. 

Case No. 3:17-cv-00939-WHA

DECLARATION OF MICHELLE 

YANG IN SUPPORT OF 

DEFENDANTS’ MOTION FOR 

RECONSIDERATION OF ORDER 

DENYING-IN-PART 

ADMINISTRATIVE MOTIONS TO 

FILE UNDER SEAL (DKT. NO. 550) 

Date: July 20, 2017 

Time: 9:00 a.m. 

Ctrm: F, 15th Floor 

Judge: Hon. Jacqueline Scott Corley 

Trial Date: October 2, 2017
YANG DECLARATION ISO UBER’S MOTION FOR RECONSIDERATION

Case No. 3:17-cv-00939-WHA 1

sf-3784143 

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I, Michelle Yang, declare as follows: 

1. I am an attorney at the law firm of Morrison & Foerster LLP. I make this 

declaration based upon matters within my own personal knowledge and if called as a witness, I 

could and would competently testify to the matters set forth herein. I make this declaration in 

support of Defendants Uber Technologies, Inc., and Ottomotto LLC’s (“Uber”) Motion for 

Reconsideration of Order Denying-In-Part Administrative Motions to File Under Seal (Dkt. 

No. 550). 

2. The attached Exhibit 1 to this Declaration is a true and correct copy of Exhibit 10 

to the Schmidt Declaration (Dkt. 444-6), with the narrow portions that are the subject of Uber’s 

request marked in red boxes on pages 8-9 and 12-13. (See Ex. 1 at 8 ¶ 2.3(a) (timing terms); 8-9 

¶¶ 2.5(a)-(b) (financial terms); 12-13 ¶¶ 3.8(b)-(e) (personal information).) 

3. The marked portions on pages 8-9 contain the financial and timing terms for the 

Indemnification Agreement. (See Ex. 1 at 8 ¶ 2.3(a) (timing terms); 8-9 ¶¶ 2.5(a)-(b) (financial 

terms). The Court granted sealing of the draft version of these financial and timing terms in 

Exhibit C to the Term Sheet. (Dkt. 550 at 3.) This is highly confidential business information 

relating to the terms of Uber’s agreements that is not publicly known, and this information’s 

confidentiality is strictly maintained. I understand that this information could be used by 

competitors to Uber’s detriment, including in the context of negotiating business deals. If this 

information were disclosed, for example, competitors could obtain a competitive advantage by 

offering better terms than Uber, such that Uber’s competitive standing would be harmed. 

4. The marked portions on pages 12-13 contain personal addresses, telephone 

numbers, and email addresses of Anthony Levandowski and Lior Ron. (Ex. 1 at 12-13 ¶¶ 3.8(b)-

(e) (personal information).) This case has been the subject of much public and media interest, 

and disclosure of this personal information could harm the privacy interests of these individuals 

and their families. For example, if these personal addresses and contact information were 

disclosed publicly, Messrs. Levandowski and Ron and their families could be exposed to harm or 

identity theft. 
YANG DECLARATION ISO UBER’S MOTION FOR RECONSIDERATION

Case No. 3:17-cv-00939-WHA 2

sf-3784143 

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5. On June 12, 2017, I met and conferred with Waymo’s counsel about Uber’s 

motion for reconsideration. Waymo indicated that it did not oppose the sealing of Messrs. 

Levandowski and Ron’s personal information or the timing terms, but it opposed sealing of the 

financial terms. 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. Executed this 12th day of June, 2017, in Washington, D.C. 

 /s/ Michelle Yang 

Michelle Yang 

ATTESTATION OF E-FILED SIGNATURE 

I, Arturo J. González, am the ECF User whose ID and password are being used to file this 

Declaration. In compliance with General Order 45, X.B., I hereby attest that Michelle Yang has 

concurred in this filing. 

Dated: June 12, 2017 /s/ Arturo J. González 

Arturo J. González