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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 WAYMO LLC, Case No. 3:17-cv-00939

[PROPOSED] ORDER APPOINTING

JOHN L. COOPER SPECIAL MASTER

PURSUANT TO FEDERAL RULE OF

CIVIL PROCEDURE 53

12 Plaintiff,

13 vs.

UBER TECHNOLOGIES, INC.;

OTTOMMOTTO LLC; OTTO TRUCKING

LLC,

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16 Defendants.

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18 The parties, Waymo LLC and Uber Technologies, Inc., Ottomotto LLC and Otto Trucking

LLC (the “Parties”) have agreed that John L. Cooper shall be appointed as Special Master in this

action. This Order hereby appoints Mr. Cooper to serve as Special Master to the full extent

permitted by Rule 53 ofthe Federal Rules of Civil Procedure. Mr. Cooper will engage in

assignments directed to him by the District Court including supervision of discovery,

investigation, conduct hearing offactual matters, prepare findings offact, make recommendations

to the Court, including recommendations regarding technical issues including legal issues.

Mr. Cooper is a partner in the law firm of Farella Braun + Martel LLC which represents

and has represented Google, Inc., the parent company of Waymo LLC. Neither Mr. Cooper nor

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his firm have represented nor received confidential information from any ofthe other Parties,

including Waymo LLC and Uber Technologies, Inc., Ottomotto LLC and Otto Trucking LLC.

07345\5921021.1

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[PROPOSED] ORDER APPOINTING JOHN L.

COOPER SPECIAL MASTER, Case No. 3:17-cv00939-WHA

Case 3:17-cv-00939-WHA Document 231 Filed 04/13/17 Page 1 of 2
Mr. Cooper’s law firm also does personal legal work for one member ofthe board of directors of

Uber Technologies, Inc. as well as personal work for certain shareholders ofUber Technologies,

Inc. The representations by Mr. Cooper’s law firm have been disclosed to the Parties and after

that disclosure they have agreed to Mr. Cooper’s appointment as Special Master in this action.

Mr. Cooper may utilize the services of other lawyers in his firm who are not performing

work on Google, Inc. matters. Mr. Cooper's hourly rate for work in this matter will be $1,100 per

hour. The other lawyers in Mr. Cooper’s firm will charge their normal 2017 hourly rates for work

in this matter. The Farella Braun + Martel LLP invoices will be paid in equal parts by the Plaintiff

and Defendants unless otherwise ordered by the Court and shall be paid within 30 days of

submission. All lawyers in the Farella Braun + Martel LLP firm working on this matter will

execute acknowledgments ofthe applicable Protective Order. Farella Braun + Martel LLP will

erect an ethical wall between Mr. Cooper and the other lawyers working on this matter and all

Google, Inc. matters being handled by other lawyers in Farella Braun + Martel LLP.

The Special Master shall not engage in substantive ex parte communications with the

Court or with the Parties except as ordered by the Court or as agreed by the parties. Orders or

findings by the Special Master will be reviewed by the Court upon action by the Court or motion

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18 IT IS SO ORDERED.

19 DATED: April___,2017

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HON. WILLIAM H. ALSUP

22 UNITED STATES DISTRICT COURT JUDGE

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0734515921021.1 [PROPOSED] ORDER APPOINTING JOHN L.

COOPER SPECIAL MASTER, Case No. 3:17-cv00939-WHA

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Case 3:17-cv-00939-WHA Document 231 Filed 04/13/17 Page 2 of 2