DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

sf-3786065 

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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

DEFENDANTS’ ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

PORTIONS OF THEIR OPPOSITION 

TO PLAINTIFF WAYMO LLC’S 

LETTER BRIEF REGARDING 

PRIVILEGE ISSUES AND EXHIBITS 

THERETO 

Case 3:17-cv-00939-WHA Document 657 Filed 06/19/17 Page 1 of 3
DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

sf-3786065 

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Pursuant to Civil Local Rules 7-11 and 79-5, Defendants Uber Technologies, Inc. and 

Ottomotto LLC (“Defendants”) submit this motion for an order to file under seal their Opposition 

to Plaintiff Waymo LLC’s Letter Brief Regarding Privilege Issues and Exhibits Thereto. 

Specifically, Defendants request an order granting leave to file under seal the confidential 

portions of the following documents: 

Document Portions to Be Filed Under Seal 

Defendants’ Opposition to Waymo’s June 15, 

2017 Letter Brief Regarding Privilege Issues 

(“Opposition”) 

Highlighted Portions 

Exhibit A to the Declaration of Julie 

DeStefano in Support of Defendants’ 

Opposition 

Entire Document 

Exhibits A and B to the Declaration of Sylvia 

Rivera in Support of Defendants’ Opposition 

Entire Document 

The highlighted portions of the Opposition include details of a business agreement 

containing non-public, highly confidential information, including highly confidential business 

information relating to terms of the agreement, including financial terms and conditions. These 

highlighted portions contain highly sensitive business information that is not publicly known, and 

their confidentiality is strictly maintained. This information could be used by competitors and 

counterparties to Uber’s detriment, including in the context of negotiating business deals. 

Disclosure of this information would allow competitors or counterparties to tailor negotiation 

strategy, including with respect to financial terms and conditions. If such information were made 

public, Uber’s competitive standing could be significantly harmed. (Declaration of Michelle Yang 

in Support of Defendants’ Administrative Motion to File Documents Under Seal (“Yang Decl.”) 

¶ 3.) 

The entirety of Exhibit A to the Declaration of Julie DeStefano is a non-public, 

confidential employment document, including non-public, confidential business information 

relating to Uber’s employment and compensation terms. This information is not publicly known, 

and its confidentiality is strictly maintained. This information could be used by competitors or 

Case 3:17-cv-00939-WHA Document 657 Filed 06/19/17 Page 2 of 3
DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

sf-3786065 

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counterparties to Uber’s detriment, including by using this information to gain an advantage over 

Uber in employment negotiations in a competitive market for talent. Disclosure of this 

information would allow competitors or counterparties to tailor negotiation strategy, including 

with respect to employment and compensation offers. If such information were made public, 

Uber’s competitive standing could be significantly harmed. (Yang Decl. ¶ 4.) 

The entireties of Exhibits A and B to the Declaration of Sylvia Rivera are Defendants’ 

privilege logs that include the email addresses of certain high-ranking executives listed within the 

privilege logs. Defendants seek to seal this information in order to protect the privacy of these 

executives, as they are prominent individuals at a company that is currently the subject of 

extensive media coverage. Disclosure of this information for these high-ranking executives could 

expose them to harm or harassment. (Yang Decl. ¶ 5.) 

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 June 19, 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: June 19, 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 657 Filed 06/19/17 Page 3 of 3