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01980-00104/9499535.2 No. 3:17-cv-00939-WHA

STIPULATION REGARDING RESCHEDULING DEPOSITIONS AFTER AUGUST 24, 2017

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

STIPULATION TO TAKE CERTAIN 

DEPOSITIONS AFTER AUGUST 24, 2017 

AND [PROPOSED] ORDER

Case 3:17-cv-00939-WHA Document 1277 Filed 08/20/17 Page 1 of 4
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01980-00104/9499535.2 -1- No. 3:17-cv-00939-WHA

STIPULATION REGARDING RESCHEDULING DEPOSITIONS AFTER AUGUST 24, 2017

WHEREAS, the Federal Circuit has not yet ruled on the pending appeal regarding the 

Stroz due diligence report and the subpoena to Stroz Friedberg; 

WHEREAS, the scope of certain depositions are significantly impacted by the outcome of 

that ruling and documents that may be produced as a result; it may take up to four days for 

Defendants to complete production of all such documents, and it will take a minimum of one week 

for Stroz Friedberg to complete production of all such documents; 

WHEREAS, the impacted depositions, and the Federal Circuit’s ruling and documents that 

may be produced as a result may also impact certain expert reports; 

WHEREAS, the current fact discovery cut-off date and date for opening expert reports is 

August 24; 

WHEREAS, on August 15, 2017, Judge Alsup entered an Order Clarifying Judge Corley’s 

Authority to Set Depositions (the ‘Order”) (Dkt. 1208), stating that Judge Corley has the authority 

to order additional depositions after the discovery cut-off date, August 24 (Dkt. 1208);

WHEREAS, the parties agree that the interests of judicial economy and justice are best 

served by rescheduling the depositions of Eric Tate, Rudy Kim, Eric Friedberg, Travis Kalanick, 

Angela Padilla, John Gardner, Lior Ron, Colin Sebern, and Anthony Levandowski until after the

discovery cut-off date, at mutually agreed-upon dates to be determined after the Federal Circuit’s 

ruling in the pending appeal; 

WHEREAS, the parties agree that the depositions of Michael Janosko, Eyal Cohen, and 

Ryan Espinosa, may be taken after the discovery cut-off date, at mutually agreed-upon dates, due 

to the fact that these witnesses were not available for deposition in the period between when their 

depositions were agreed to and the fact discovery cut-off. 

THEREFORE, the parties stipulate as follows: the depositions of Eric Tate, Rudy Kim, 

Eric Friedberg, Travis Kalanick, Angela Padilla, John Gardner, Lior Ron, Colin Sebern, Anthony

Levandowski, Michael Janosko, Eyal Cohen, and Ryan Espinosa, are ordered to occur at mutually

agreed-upon dates after August 24, 2017. The parties further agree that these depositions that 

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01980-00104/9499535.2 -2- No. 3:17-cv-00939-WHA

STIPULATION REGARDING RESCHEDULING DEPOSITIONS AFTER AUGUST 24, 2017

occur after August 24 and the documents that may be produced as a result of the Federal Circuit’s 

ruling may impact expert reports. 

This stipulation is without prejudice to either party seeking leave to take additional 

depositions, including of witnesses who are deposed before the close of fact discovery, after the 

close of fact discovery based on, among other things, the outcome of the Federal Circuit appeal. 

IT IS STIPULATED.

DATED: August 20, 2017 QUINN EMANUEL URQUHART & SULLIVAN, 

LLP

By /s/Charles K. Verhoeven

Charles K. Verhoeven

Attorneys for WAYMO LLC

DATED: August 20, 2017 BOIES SCHILLER FLEXNER LLP

By /s/ Edward H. Takashima

Edward H. Takashima

Attorneys for Defendants Uber Technologies, Inc. 

and Ottomotto LLC 

DATED: August 20, 2017 GOODWIN PROCTER LLP

By /s/ Indra Neel Chatterjee

Indra Neel Chatterjee

Attorneys for Defendant Otto Trucking, LLC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: ________________, 2017

Magistrate Judge Jacqueline Scott Corely

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01980-00104/9499535.2 -3- No. 3:17-cv-00939-WHA

STIPULATION REGARDING RESCHEDULING DEPOSITIONS AFTER AUGUST 24, 2017

/s/ Charles K. Verhoeven

SIGNATURE ATTESTATION

Pursuant to Local Rule 5-1(i)(3), I attest under penalty of perjury that concurrence in the 

filing of this document has been obtained from Edward H. Takashima and Indra Neel Chatterjee. 

 

 Charles K. Verhoeven

Case 3:17-cv-00939-WHA Document 1277 Filed 08/20/17 Page 4 of 4