DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

sf-3757108

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

MORRISON & FOERSTER LLP

425 Market Street

San Francisco, California 94105-2482

Telephone: 415.268.7000

Facsimile: 415.268.7522

Attorneys for Defendants 

UBER TECHNOLOGIES, INC.,

OTTOMOTTO LLC, and OTTO TRUCKING LLC

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

DEFENDANTS’ ADMINISTRATIVE

MOTION TO FILE UNDER SEAL 

PORTIONS OF THEIR OPPOSITION 

TO PLAINTIFF WAYMO LLC’S 

MOTION FOR PRELIMINARY 

INJUNCTION, SUPPORTING 

DECLARATIONS, AND EXHIBITS 

THERETO

Trial Date: October 2, 2017

Case 3:17-cv-00939-WHA Document 173 Filed 04/07/17 Page 1 of 3
DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

sf-3757108

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

In accordance with Civil Local Rules 7-11 and 79-5, and General Order No. 62, 

Defendants Uber Technologies, Inc., Ottomotto LLC, and Otto Trucking LLC (“Defendants”)

submit this motion for an order to file under seal the confidential, unredacted versions of the 

following documents:

1. Portions of Defendants’ Opposition to Plaintiff Waymo LLC’s Motion for 

Preliminary Injunction (“Opposition”); 

2. Portions of Exhibits 4, 5, and 7 to the Declaration of Esther Chang in Support of 

Defendants’ Opposition to Plaintiff Waymo LLC’s Motion for Preliminary Injunction (“Chang 

Declaration”);

3. Portions of the Declaration of James Haslim (“Haslim Declaration”); 

4. Entirety of Exhibits A-E to the Haslim Declaration;

5. Portions of the Declaration of Michael Lebby (“Lebby Declaration”); 

6. Portion of Exhibit 3 to the Lebby Declaration;

7. Portions of the Declaration of Sameer Kshirsagar (“Kshirsagar Declaration”); 

8. Portions of Exhibits 1 and 2 of Kshirsagar Declaration;

9. Entirety of Exhibit 3 of Kshirsagar Declaration;

10. Portions of the Declaration of Scott Boehmke (“Boehmke Declaration”);

11. Entirety of Exhibits A-P to the Boehmke Declaration;

12. Portions of the Declaration of Kevin Faulkner (“Faulkner Declaration”); and

13. Portions of the Declaration of Paul McManamon (“McManamon Declaration”).

The redacted portions of Defendants’ Opposition, the Haslim, Lebby, McManamon, and 

Boehmke Declarations, Exhibits A-E of the Haslim Declaration, and Exhibits A-P of the 

Boehmke Declaration contain technical, proprietary trade secret information, which is highly 

confidential. If this information was made public, it could irreparably harm Defendants.

(Declaration of Daniel P. Muino In Support of Defendants’ Administrative Motion to File 

Documents Under Seal (“Muino Decl.”) ¶¶ 2-4.)

The redacted portions of Exhibits 1 and 2 to the Kshirsagar Declaration contain highly 

confidential salary and compensation information, the disclosure of which would irreparably 

Case 3:17-cv-00939-WHA Document 173 Filed 04/07/17 Page 2 of 3
DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

sf-3757108

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

harm Defendants. (Id. ¶ 5.)

Some of the redacted portions of Defendants’ Opposition, the Lebby, McManamon, 

Kshirsagar, and Faulkner Declarations, Exhibit 3 to the Lebby Declaration, and Exhibits 4,5, and 

7 to the Chang Declaration have been designated by Waymo as either confidential or highly 

confidential. Waymo’s designations are highlighted in green in the unredacted copies of the 

declaration. The entirety of Exhibit 3 to the Kshirsagar Declaration has been designated by 

Waymo as highly confidential.

Pursuant to Civil Local Rule 79-5(d)(2), Defendants will lodge with the Clerk the 

documents at issue, with accompanying chamber copies. 

Defendants served Waymo with this Administrative Motion to File Documents Under 

Seal on April 7, 2017. 

For the foregoing reasons, Defendants request that the Court enter the accompanying

Proposed Order granting Defendants’ Administrative Motion to File Documents Under Seal and 

designate the service copies of these documents as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.”

Dated: April 7, 2017 MORRISON & FOERSTER LLP

By: /s/Arturo J. González

ARTURO J. GONZÁLEZ 

Attorneys for Defendants

UBER TECHNOLOGIES, INC., 

OTTOMOTTO LLC, and OTTO TRUCKING LLC

Case 3:17-cv-00939-WHA Document 173 Filed 04/07/17 Page 3 of 3