GONZÁLEZ DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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

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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 ARTURO J. 

GONZÁLEZ IN SUPPORT OF 

DEFENDANTS UBER 

TECHNOLOGIES, INC. AND 

OTTOMOTTO LLC’S OPPOSITION 

TO WAYMO’S MOTION TO 

COMPEL PRODUCTION OF 

WITHHELD DOCUMENTS 

Date: June 8, 2017 

Time: 10:00 a.m. 

Ctrm: F, 15th Floor 

Judge: Hon. Jacqueline Scott Corley 

Trial Date: October 2, 2017

Case 3:17-cv-00939-WHA Document 372 Filed 05/08/17 Page 1 of 3
GONZÁLEZ DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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

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I, Arturo J. González, declare as follows: 

1. I am a partner with the law firm of Morrison & Foerster LLP. I am a Fellow with 

the American College of Trial Lawyers and the International Academy of Trial Lawyers, and an 

Associate with the American Board of Trial Advocates. I am a member in good standing of the 

Bar of the State of California. I make this declaration based on personal knowledge and, if called 

as a witness, I could and would testify competently to the matters set forth herein. I make this 

declaration in support of Defendants Uber Technologies, Inc. and Ottomotto LLC’s Opposition to 

Waymo’s Motion to Compel Production of Withheld Documents. 

2. In discovery in this case, we have sought to obtain information regarding when 

Google began communicating regarding possible litigation against Anthony Levandowski and/or 

Uber. Counsel for Waymo has confirmed in writing in response to those requests, and in 

response to an Order from this Court, that Google began communicating regarding a potential 

legal claim against Mr. Levandowski on March 23, 2016, the month before the Joint Defense 

Agreement was signed between Uber and Otto. A true and correct copy of this communication is 

attached hereto as Exhibit A. 

3. We have also learned that Google began communicating regarding potential 

litigation against Uber on August 23, 2016. A true and correct copy of this communication is 

attached hereto as Exhibit B. 

4. To help make the point that the concerns of Uber and Otto about potential 

litigation were both sincere and reasonable, we also asked Google’s counsel in this case to 

provide a privilege log of their pre-filing communications with Google. When they refused to do 

so, we raised the issue with the Special Master, John Cooper. In a telephone call with the parties 

on May 4, 2017, I explained to the Special Master that our filing in opposition to this motion was 

due on Monday, and that the number and frequency of contacts between Google and its outside 

counsel about the possibility of bringing this legal action was relevant to whether Uber and Otto 

had a good faith basis for entering into a Joint Defense Agreement. 

5. After hearing from both sides, the Special Master asked Google to provide Uber 

with the date that it first communicated with the Quinn law firm about potential litigation against 

Case 3:17-cv-00939-WHA Document 372 Filed 05/08/17 Page 2 of 3
GONZÁLEZ DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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Mr. Levandowski and Uber, and to give us the time period during which they had their next 10 

communications. 

5. On May 5, 2017, Quinn wrote an email declining to provide this information. I 

promptly wrote back that same morning and asked Quinn if they would at least give us the date 

that they first consulted with Google about potential litigation against Mr. Levandowski and 

Uber, and Quinn did refused to provide the date that it first communicated with Google about 

either Mr. Levandowski or Uber. A true and correct copy of this exchange is attached hereto as 

Exhibit C. 

6. Attached as Exhibit D is a true and correct copy of Waymo’s Privilege Log dated 

March 22, 2017. 

7. Attached as Exhibit E is a true and correct copy of Waymo’s Privilege Log dated 

March 29, 2017. 

8. Attached as Exhibit F is a true and correct copy of excerpts (pp. 1–2, 107–109) of 

the transcript of the public portion of the preliminary injunction hearing held on May 3, 2017. 

9. Attached as Exhibit G is a true and correct copy, with email addresses redacted, of 

excerpts (entries 1604-06) of Defendants’ Amended Privilege Log associated with their March 

31, 2017 Production of Documents. This Amended Privilege Log was served by Defendants on 

April 27, 2017. 

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

foregoing is true and correct. Executed this 8th day of May, 2017, in San Francisco, California. 

 /s/ Arturo J. González 

ARTURO J. GONZÁLEZ 

Case 3:17-cv-00939-WHA Document 372 Filed 05/08/17 Page 3 of 3