United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

WAYMO LLC,

Plaintiff,

 v.

UBER TECHNOLOGIES, INC., et al.,

Defendants. /

No. C 17-00939 WHA

TENTATIVE ORDER RE

EXPEDITED DISCOVERY 

(To Be Discussed at the

Conference on March 16)

After a conference with both sides to critique a tentative order, this order sets forth a

plan for expedited discovery for both sides leading up to a hearing on plaintiff’s motion for

provisional relief:

1. Defendants may depose the declarants who submitted declarations in

support of plaintiff’s motion for preliminary injunction. In addition,

defendants may depose up to three additional plaintiff officers, directors, or

employees. Plaintiff must make said deponents available upon 48 hours

notice. Defendants may have a total of 18 hours of deposition time (not

counting breaks), to be allocated among deponents as they wish. These

depositions may begin as soon as the required notice is given.

2. Upon 96 hours notice, plaintiff must produce specific documents at the

depositions. The document requests, however, must be very narrowly

drawn and limited to six requests per deponent. 

Case 3:17-cv-00939-WHA Document 54 Filed 03/15/17 Page 1 of 3
United States District Court

For the Northern District of California

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3. The deadline for defendants to oppose plaintiff’s motion for preliminary

injunction is continued from March 24 to APRIL 7. 

4. By March 31, defendants shall produce for inspection all files and

documents downloaded by Anthony Levandowski, Sameer Kshirsagar, or

Radu Raduta before leaving plaintiff’s payroll and thereafter taken by

them. Defendants shall also produce for copying the card reader, thumb

drive, or other media used for the downloads, as well as all subsequent

emails, memoranda, PowerPoints, text messages, or notes that have

forwarded, used, or referred to any part of said downloaded material. If

any part of said downloaded material has been deleted, destroyed, or

modified, then defendants shall state the extent thereof and produce all

documents bearing on said deletion, destruction, or modification.

5. Plaintiff may depose the declarants who submit declarations in opposition

to the motion for preliminary injunction. In addition, plaintiff may depose

three additional officers, directors or employees of defendants. Defendants

must make the deponents available upon 48 hours notice. Plaintiff may

have a total of 18 hours of deposition time (not counting breaks) to be

allocated as it wishes. All depositions to be taken by plaintiff shall occur

after defendants’ opposition.

6. Upon 96 hours notice, defendants must produce specific documents at the

depositions of defendant personnel. The document requests, however,

must be very narrowly drawn and limited to six requests per deponent. 

This is in addition to the documents ordered to be produced in paragraph 4

above.

7. The deadline for plaintiff to reply is continued from March 31 to APRIL 21. 

Plaintiff may base its reply upon the foregoing discovery, but it may not

rely on fresh reply declarations on any point that could and should have

been raised up front.

Case 3:17-cv-00939-WHA Document 54 Filed 03/15/17 Page 2 of 3
United States District Court

For the Northern District of California

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8. By April 28, defendants may file a sur-reply up to TEN PAGES in length,

limited strictly to addressing material in plaintiff’s reply. It may not rely

on fresh sur-reply declarations on any point that could and should have

been raised in the opposition.

9. The hearing is continued from April 27 to May 4. If an evidentiary hearing

is required (which will be determined after all of the foregoing submissions

are reviewed), the evidentiary hearing will be on May 17 starting at 7:30

a.m., subject to time limits to be determined with declarations being treated

as direct testimony.

10. The foregoing depositions shall be in addition to the normal deposition

limits and all deponents questioned via the above shall be liable to sit for

another deposition later in the case. If the other side cross-examines at a

deposition, the cross-examination time shall count against the crossexaminer’s 18 hours.

11. The foregoing schedule presupposes that both sides shall cooperate in

discovery and all sealed information shall be supplied to defense counsel

and one in-house counsel immediately. Beyond the foregoing, expedited

discovery is DENIED until after a ruling on the motion for provisional

relief. Counsel shall meet and confer and propose a written joint plan for

further expedited discovery (for both sides) to follow the ruling on a

preliminary injunction and shall file said written plan, including a proposed

trial date, before the hearing on May 4. All filings shall be made by noon

on the day indicated.

IT IS SO ORDERED.

Dated: March 15, 2017. 

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:17-cv-00939-WHA Document 54 Filed 03/15/17 Page 3 of 3