RAY DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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

sf-3813979 

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 

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 WENDY J. RAY 

IN SUPPORT OF DEFENDANTS 

UBER TECHNOLOGIES, INC. AND 

OTTOMOTTO LLC’S OPPOSITION 

TO WAYMO’S MOTION TO 

COMPEL UBER TO PRODUCE 

1) TRAVIS KALANICK’S TEXT 

MESSAGES AND PHONE AND 

2) DOCUMENTS RESPONSIVE TO 

WAYMO’S REQUEST FOR 

PRODUCTION NO. 256 

Trial Date: October 10, 2017
RAY DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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

sf-3813979 

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 

I, Wendy J. Ray, declare as follows: 

1. I am a partner with the law firm of Morrison & Foerster LLP, counsel of record for 

Defendants Uber Technologies, Inc. and Ottomotto LLC (collectively “Uber”) in this action. I 

am a member in good standing of the Bar of the State of California. I make this declaration in 

support of Uber’s Opposition to Waymo’s Motion to Compel Uber to Produce 1) Travis 

Kalanick’s Text Messages and Phone and 2) Documents Responsive To Waymo’s Request for 

Production No. 256. 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. 

2. On May 19, 2017, Mr. Kalanick provided his phone to Stroz Friedberg, which 

performed a standard extraction of text messages. 

3. Uber searched the results for all texts with Anthony Levandowski and provided the 

results to Waymo for inspection on June 6, 2017. 

4. When reviewing the text messages, Uber noticed that there were no sent 

messages. 

5. On June 5, 2017, Uber’s counsel, Esther Chang, alerted Waymo’s counsel to the 

absence of sent messages and stated that Uber would follow up. 

6. During a meet and confer call regarding the text messages shortly after the 

inspection, I noted that Mr. Kalanick was on leave due to his mother’s recent death and his 

father’s hospitalization and that Uber would not be able to obtain access to Mr. Kalanick’s 

personal phone until his return. 

7. Shortly after Mr. Kalanick resigned, I requested of Mr. Kalanick’s personal 

counsel at Orrick, Melinda Haag, that Uber be able to further investigate the phone. Because the 

phone is Mr. Kalanick’s personal device with private information, Orrick handled the forensic 

investigation. 
RAY DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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

sf-3813979 

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 

I declare under the penalty of perjury that the foregoing is true and correct. Executed this 

10th day of August, 2017 at Los Angeles, California. 

 

 /s/ Wendy J. Ray 

 WENDY J. RAY 
RAY DECLARATION ISO OPPOSITION TO WAYMO’S MOTION TO COMPEL

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

sf-3813979 

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 

ATTESTATION OF E-FILED SIGNATURE 

I, Arturo J. González, am the ECF User whose ID and password are being used to file this 

Declaration. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Wendy J. Ray has 

concurred in this filing. 

Dated: August 10, 2017 /s/ Arturo J. González

Arturo J. González