American Automobile Association of Northern California, Nevada & Utah et al v. General Motors LLC et al

Filing 98

Order by Judge Lucy H. Koh Granting 92 Administrative Motion to File Under Seal.(lhklc1S, COURT STAFF) (Filed on 3/14/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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AMERICAN AUTOMOBILE
ASSOCIATION OF NORTHERN
CALIFORNIA, NEVADA & UTAH, et al.,

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ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

Plaintiffs,

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Case No. 17-CV-03874-LHK

v.

Re: Dkt. No. 92

GENERAL MOTORS LLC, et al.,
Defendants.

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On February 28, 2019, the Court denied without prejudice the parties’ three motions to
seal. ECF No. 86. Before the Court is a joint administrative motion to file confidential information
under seal filed by Plaintiffs American Automobile Association of Northern California, Nevada &
Utah and its affiliate A3 Mobility LLC (“Plaintiffs” or “AAA”) and Defendants General Motors
LLC and its affiliate Maven Drive LLC’s (“Defendants” or “GM”) on March 8, 2019. ECF No. 92
(“Mot.”). For the following reasons, the Court GRANTS the instant motion to seal.
“Historically, courts have recognized a ‘general right to inspect and copy public records
and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of
Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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U.S. 589, 597 & n.7 (1978)). Accordingly, when considering a sealing request, “a strong

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presumption in favor of access is the starting point.” Id. (internal quotation marks omitted).

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Parties seeking to seal judicial records relating to motions that are “more than tangentially

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related to the underlying cause of action,” Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092,

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1099 (9th Cir. 2016), bear the burden of overcoming the presumption with “compelling reasons

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supported by specific factual findings that outweigh the general history of access and the public

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policies favoring disclosure,” Kamakana, 447 F.3d at 1178–79 (internal quotation marks and

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citation omitted). Compelling reasons justifying the sealing of court records generally exist “when

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such ‘court files might have become a vehicle for improper purposes,’ such as the use of records to
gratify private spite, promote public scandal, circulate libelous statements, or release trade

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United States District Court
Northern District of California

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secrets.” Id. at 1179 (quoting Nixon, 435 U.S. at 598). However, “[t]he mere fact that the

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production of records may lead to a litigant’s embarrassment, incrimination, or exposure to further

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litigation will not, without more, compel the court to seal its records.” Id.

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Records attached to motions that are “not related, or only tangentially related, to the merits

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of a case” are not subject to the strong presumption of access. Ctr. for Auto Safety, 809 F.3d at

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1099; see also Kamakana, 447 F.3d at 1179 (“[T]he public has less of a need for access to court

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records attached only to non-dispositive motions because those documents are often unrelated, or

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only tangentially related, to the underlying cause of action.” (internal quotation marks and citation

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omitted)). Parties moving to seal records attached to motions unrelated or only tangentially related

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to the merits of a case must meet the lower “good cause” standard of Rule 26(c) of the Federal

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Rules of Civil Procedure. Ctr. for Auto Safety, 809 F.3d at 1098–99; Kamakana, 447 F.3d at

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1179–80. The “good cause” standard requires a “particularized showing” that “specific prejudice

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or harm will result” if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors

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Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002) (citation omitted); see Fed. R. Civ. P. 26(c).

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“Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning” will

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not suffice. Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992) (citation

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omitted).

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Pursuant to Rule 26(c), a trial court has broad discretion to permit sealing of court

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documents for, inter alia, the protection of “a trade secret or other confidential research,

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development, or commercial information.” Fed. R. Civ. P. 26(c)(1)(G). The Ninth Circuit has

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adopted the definition of “trade secrets” set forth in the Restatement of Torts, holding that “[a]

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trade secret may consist of any formula, pattern, device or compilation of information which is

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used in one’s business, and which gives him an opportunity to obtain an advantage over

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competitors who do not know or use it.” Clark v. Bunker, 453 F.2d 1006, 1009 (9th Cir. 1972)

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(quoting Restatement (First) of Torts § 757 cmt. b). “Generally [a trade secret] relates to the

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production of goods . . . . It may, however, relate to the sale of goods or to other operations in the
business . . . .” Id. (alterations in original). Furthermore, the United States Supreme Court has

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United States District Court
Northern District of California

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recognized that sealing may be justified to prevent judicial documents from being used “as sources

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of business information that might harm a litigant’s competitive standing.” Nixon, 435 U.S. at 598.

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In addition, parties moving to seal documents must comply with the procedures established

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by Civil Local Rule 79-5. Pursuant to that rule, a sealing order is appropriate only upon a request

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that establishes the document is “sealable,” or “privileged, protectable as a trade secret or

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otherwise entitled to protection under the law.” Civ. L. R. 79-5(b). “The request must be narrowly

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tailored to seek sealing only of sealable material, and must conform with Civil [Local Rule] 79-

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5(d).” Id. Civil Local Rule 79-5(d), moreover, requires the submitting party to attach a “proposed

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order that is narrowly tailored to seal only the sealable material” and that “lists in table format

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each document or portion thereof that is sought to be sealed,” as well as an “unredacted version of

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the document” that “indicate[s], by highlighting or other clear method, the portions of the

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document that have been omitted from the redacted version.” Civ. L. R. 79-5(d)(1). Where the

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moving party seeks to file under seal a document containing information designated confidential

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by the opposing party, “[w]ithin 4 days of the filing of the Administrative Motion to File Under

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Seal, the [opposing party] must file a declaration as required by subsection 79-5(d)(1)(A)

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establishing that all of the designated material is sealable.” Civ. L. R. 79-5(e)(1).

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The initial question before the Court is whether the instant motions to seal are subject to
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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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the good cause or compelling reasons standard. The instant motions to seal are associated with

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GM’s motion for summary judgment. A motion for summary judgment is by definition a

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dispositive motion. Thus, it relates to the merits of the cause of action. Other courts considering

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sealing requests for motions for summary judgment have applied the “compelling reasons”

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standard for sealing. See, e.g., Fed. Deposit Ins. Corp. v. Bayone Real Estate Inv. Corp., 2017 WL

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1398311, at *2 (N.D. Cal. Apr. 19, 2017) (applying the “compelling reasons” standard to sealing

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relating to a motion for summary judgment); Perfect 10, Inc. v. Giganews, Inc., 2014 WL

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12586248, at *2 (C.D. Cal. Oct. 3, 2014) (same). Consequently, the Court will apply the

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“compelling reasons” standard to the parties’ sealing requests.

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The Court now turns to the substance of the instant joint sealing motion. Specifically, the

United States District Court
Northern District of California

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information the parties seek to seal generally falls into the following categories: (1) contracts

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between either AAA or GM and third parties, and information provided by third parties; (ii)

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financial information or information regarding the projected profitability of the parties’

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businesses; (iii) personally identifiable information of third-party individuals, including names,

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addresses, phone numbers, and email addresses; and (iv) information regarding the parties’

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prospective business plans, dealings and strategies. See Mot. The Court agrees that compelling

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reasons exist to seal this information. See, e.g., FTC v. Qualcomm Inc., No. 17-CV-220-LHK,

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2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019) (granting motion to seal under the compelling to

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the extent it may harm the party or third parties’ “competitive standing and divulges terms of

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confidential contracts, contract negotiations, or trade secrets.”); Krieger v. Atheros Commc’ns,

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Inc., No. 11-CV-640-LHK, 2011 WL 2550831, at *1 (N.D. Cal. Jun. 25, 2011) (finding

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information regarding party’s “long-term financial projections, discussions of business strategy,

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and competitive analyses” sealable under the compelling reasons standard); Nursing Home

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Pension Fund v. Oracle Corp., No. C01-00988 MJJ, 2007 WL 3232267, at *2 (N.D. Cal. Nov. 1,

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2007) (“The Ninth Circuit has found that compelling reasons exist to keep personal information

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confidential to protect an individual’s privacy interest and to prevent exposure to harm or identity

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theft.” (citing Foltz v. State Farm. Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th Cir. 2003)));

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Benedict v. Hewlett-Packard Co., No. 13-CV-00119-LHK, 22014 WL 233827, at *3 (N.D. Cal.

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Jan. 21, 2014) (granting motion to seal confidential customer information, including address,

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phone number, and email address); Transperfect Global, Inc. v. Motionpoint Corp., No. C 10-

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2590 CW, 2013 WL 209678, at *1 (N.D. Cal. Jan. 17, 2013) (granting motion to seal exhibits that

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contained proprietary information about the sealing party’s internal business operations).

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Furthermore, the parties’ request is narrowly tailored because the requested sealing include only

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those categories of information.

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Additionally, the parties filed with the instant renewed motion to seal only unredacted,
non-public copies of the exhibits and briefs. The parties still need to publicly file redacted versions
of the exhibits and briefs on the docket. The parties shall have until March 19, 2019 to publicly

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United States District Court
Northern District of California

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file redacted versions of these documents consistent with the Court’s sealing rulings.

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Accordingly, with the Ninth Circuit’s sealing case law in mind, the Court rules on the
instant motion as follows:
Document

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Highlighted financial
information at 1:08

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 6:06

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 8:12

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 8:13

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 9:07

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 9:08–11

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 10:06

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 16:02

GRANTED.

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Court’s Ruling

GM’s Opening Brief

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Page/Line

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM’s Opening Brief

Highlighted financial
information at 17:08

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 20:04

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 21:26
(Footnote 105)

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 21:27–28
(Footnote 105)

GRANTED.

GM’s Opening Brief

Highlighted financial
information at 22:16

GRANTED.

Declaration of Rachel
Bhattacharya in Support of
Defendants’ Motion for Summary
Judgment

Declaration of Rachel
Bhattacharya in Support of
Defendants’ Motion for
Summary Judgment,
highlighted financial
information at ¶ 34

GRANTED.

GM Exhibit 1, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 49:18

GRANTED.

GM Exhibit 1, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 49:20

GRANTED.

GM Exhibit 1, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 49:22

GRANTED.

GM Exhibit 1, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 50:13

GRANTED.

GM Exhibit 1, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 50:19

GRANTED.

GM Exhibit 1, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 72:23–24

GRANTED.

GM Exhibit 14, GM-produced
document

Highlighted customer
information at
GM000018379

GRANTED.

GM Exhibit 14, GM-produced
document

Highlighted customer
information at
GM000018394

GRANTED.

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055933

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055934

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055935

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055936

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055937

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055938

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055939

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055940

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055941

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055942

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055943

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055944

GRANTED.

GM Exhibit 15, GM-produced
document

Highlighted customer
information at
GM000055945

GRANTED.

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 16, GM-produced
document

Highlighted customer
information at
GM000056370

GRANTED.

GM Exhibit 17, GM-produced
document

Highlighted customer
information at
GM000056503

GRANTED.

GM Exhibit 17, GM-produced
document

Highlighted customer
information at
GM000056504

GRANTED.

GM Exhibit 18, GM-produced
document

Highlighted customer
information at
GM000000002.0001

GRANTED.

GM Exhibit 18, GM-produced
document

Highlighted customer
information at
GM000000002.0002

GRANTED.

GM Exhibit 18, GM-produced
document

Highlighted customer
information at
GM000000002.0003

GRANTED.

GM Exhibit 18, GM-produced
document

Highlighted customer
information at
GM000000002.0004

GRANTED.

GM Exhibit 18, GM-produced
document

Highlighted customer
information at
GM000000002.0005

GRANTED.

GM Exhibit 18, GM-produced
document

Highlighted customer
information at
GM000000002.0006

GRANTED.

GM Exhibit 20, GM-produced
document

Highlighted financial
information at
GM00062459

GRANTED.

GM Exhibit 21, GM-produced
document

Highlighted customer
information at
GM000056444

GRANTED.

GM Exhibit 21, GM-produced
document

Highlighted customer
information at
GM000056445

GRANTED.

GM Exhibit 22, GM-produced
document

Highlighted customer
information at
GM000056389

GRANTED.

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 22, GM-produced
document

Highlighted customer
information at
GM000056390

GRANTED.

GM Exhibit 22, GM-produced
document

Highlighted customer
information at
GM000056391

GRANTED.

GM Exhibit 23, GM-produced
document

Highlighted customer
information at
GM000056401

GRANTED.

GM Exhibit 23, GM-produced
document

Highlighted customer
information at
GM000056402

GRANTED.

GM Exhibit 23, GM-produced
document

Highlighted customer
information at
GM000056403

GRANTED.

GM Exhibit 23, GM-produced
document

GM Exhibit 23, GMproduced document,
highlighted customer
information at
GM000056404

GRANTED.

GM Exhibit 23, GM-produced
document

Highlighted customer
information at
GM000056405

GRANTED.

GM Exhibit 23, GM-produced
document

Highlighted customer
information at
GM000056406

GRANTED.

GM Exhibit 24, GM-produced
document

Highlighted customer
information at
GM000056608

GRANTED.

GM Exhibit 25, GM-produced
document

Highlighted customer
information at
GM000056392

GRANTED.

GM Exhibit 26, GM-produced
document

Highlighted customer
information at
GM000056415

GRANTED.

GM Exhibit 26, GM-produced
document

Highlighted customer
information at
GM000056416

GRANTED.

GM Exhibit 26, GM-produced
document

Highlighted customer
information at
GM000056417

GRANTED.

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 26, GM-produced
document

Highlighted customer
information at
GM000056418

GRANTED.

GM Exhibit 27, GM-produced
document

Highlighted customer
information at
GM000056393

GRANTED.

GM Exhibit 27, GM-produced
document

Highlighted customer
information at
GM000056394

GRANTED.

GM Exhibit 28, GM-produced
document

Highlighted customer
information at
GM000056400

GRANTED.

GM Exhibit 29, GM-produced
document

Highlighted customer
information at
GM000056506

GRANTED.

GM Exhibit 35, GM-produced
document

Highlighted customer
information at
GM000057513.0001

GRANTED.

GM Exhibit 35, GM-produced
document

Highlighted customer
information at
GM000057513.0002

GRANTED.

GM Exhibit 35, GM-produced
document

Highlighted customer
information at
GM000057513.0003

GRANTED.

GM Exhibit 35, GM-produced
document

Highlighted customer
information at
GM000057513.0004

GRANTED.

GM Exhibit 35, GM-produced
document

Highlighted customer
information at
GM000057513.0006

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 14

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted text at ¶ 31

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted text at ¶ 33

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted text at ¶ 38

GRANTED.

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 43

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 54

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 59

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 64

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 65

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 68

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 69

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 70

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 73

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 84

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 85

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 86

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 87

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 90

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 91

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 92

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 93

GRANTED.

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 94

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 95

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at ¶ 96

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted text at Footnote
56

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted text at Footnote
61

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at Footnote 137

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information at Footnote 174

GRANTED

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in Table
1 at p. 24

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in Table
2 at p. 25

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in Table
3 at p. 33

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in Table
4 at p. 36

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in Table
5 at p. 37

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in Table
6 at p. 38

GRANTED.

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
GRANTED.
information shown in Figure
2 at p. 27

GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
GRANTED.
information shown in Figure
3 at p. 28

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Case No. 17-CV-03874-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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GM Exhibit 44, Expert Report of
Carrie Distler

Highlighted financial
information shown in
Schedule 1.0

GRANTED.

Exhibit 45,
AAANCNU000061295

Entire document

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 78:8-9

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 78:23-24

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 79:24

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:2

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:4

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:6

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:9

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:18

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 81:5

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 81:8

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 81:12

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:2

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:9

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:12

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:14

GRANTED.

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Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:22-23

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 83:10

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 83:19

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 84:8

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 84:15

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 84:20

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 85:8

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 96:5

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 171:3

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 171:10

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 171:2022

GRANTED.

Exhibit 47, Transcript of the
Deposition of Michael Hetke

Highlighted text at 173:20

GRANTED.

Exhibit 52,
AAANCNU000114587

Entire document

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 9

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted text at ¶ 14

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 26

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 27

GRANTED.

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GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 29

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 31

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 32

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at ¶ 39

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information at Footnote 56

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information shown in Tab 3

GRANTED.

GM Exhibit 54, Expert Report of
Scott Phillips

Highlighted financial
information shown in Tab 4

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:01

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:03

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:06

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:07

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:09

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:12

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 119:13

GRANTED.

GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 123:01

GRANTED.

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GM Exhibit 58, Transcript of the
Deposition of Carrie Distler

Highlighted financial
information at 123:03

GRANTED.

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AAA’s Opposition

Highlighted text at 2:10–12

GRANTED.

26

AAA’s Opposition

Highlighted revenue amount GRANTED.
at 12:07

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AAA’s Opposition

Highlighted revenue amount GRANTED.
at 13:23

Declaration of Jason Haight in
Support of Plaintiffs’ Opposition
to Defendants’ Motion for
Summary Judgment

Highlighted text at ¶ 10

GRANTED.

Declaration of Jason Haight in
Support of Plaintiffs’ Opposition
to Defendants’ Motion for
Summary Judgment

Highlighted text at ¶ 12

GRANTED.

Declaration of Jason Haight in
Support of Plaintiffs’ Opposition
to Defendants’ Motion for
Summary Judgment

Highlighted text at ¶ 13

GRANTED.

Declaration of Jason Haight in
Support of Plaintiffs’ Opposition
to Defendants’ Motion for
Summary Judgment

Highlighted text at ¶ 30

GRANTED.

Declaration of Jason Haight in
Support of Plaintiffs’ Opposition
to Defendants’ Motion for
Summary Judgment

Highlighted text at ¶ 34

GRANTED.

Declaration of Jason Haight in
Support of Plaintiffs’ Opposition
to Defendants’ Motion for
Summary Judgment

Highlighted text at ¶ 56

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 78:8-9

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 78:23-24

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 79:24

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:2

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:4

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:6

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:9

GRANTED.

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AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 80:18

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 81:5

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 81:8

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 81:12

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:2

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:9

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:12

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:14

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 82:22-23

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 83:10

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 83:19

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 84:8

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 84:15

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 84:20

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 85:8

GRANTED.

AAA Exhibit 1, Transcript of the
Deposition of Michael Hetke

Highlighted text at 107:17

GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

Highlighted text at 146:11–
12

GRANTED.

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ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

GRANTED.

Highlighted text at 199:15–
18

GRANTED.

Highlighted text at 270:01–
02

GRANTED.

Highlighted text at 270:04–
05

GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

Highlighted text at 270:07–
08

GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

Highlighted text at 270:13–
15

GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

Highlighted text at 270:19–
20

GRANTED.

AAA Exhibit 9, Transcript of the
Deposition of Megan Stooke1

Highlighted financial
information at 129:21

GRANTED.

AAA Exhibit 9, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 185:09

GRANTED.

AAA Exhibit 9, Transcript of the
Deposition of Megan Stooke

Highlighted financial
information at 185:18

GRANTED.

AAA Exhibit 10, Transcript of
the Deposition of Julia Steyn

7

Highlighted name at
167:17–18

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

6

Highlighted name at 167: 12 GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

5

GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

4

Highlighted name at 167:03

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

3

GRANTED.

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

2

Highlighted name at 167:02

AAA Exhibit 8, Deposition of
Rachel Bhattacharya

1

Highlighted financial
information at 48:20

GRANTED.

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1

The parties do not request to seal AAA Exhibit 9, Transcript of the Deposition of Megan Stooke
(“Stooke Transcript”) at 37:17–20, in their joint administrative motion to seal or their proposed
order. See Mot. However, the parties redact the Stooke Transcript at 37:17–20 in the version the
parties filed on the docket. See ECF No. 92-36. This appears to be an error. However, to the extent
the parties are seeking to seal that portion of the Stooke Transcript, the Court DENIES the parties’
request. The Stooke Transcript at 37:17–20 describes GM and Lyft’s Express Drive program,
which has already been made public by the parties.
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ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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AAA Exhibit 10, Transcript of
the Deposition of Julia Steyn

Highlighted financial
information at 49:04

GRANTED.

AAA Exhibit 10, Transcript of
the Deposition of Julia Steyn

Highlighted financial
information at 49:08–09

GRANTED.

AAA Exhibit 10, Transcript of
the Deposition of Julia Steyn

Highlighted financial
information at 49:12

GRANTED.

AAA Exhibit 10, Transcript of
the Deposition of Julia Steyn

Highlighted financial
information at 49:14

GRANTED.

AAA Exhibit 11, GM-produced
document

Entire document

GRANTED.

AAA Exhibit 30, GM-produced
document

Highlighted customer
information at
GM000061181

GRANTED.

AAA Exhibit 30, GM-produced
document

Highlighted customer
information at
GM000061182

GRANTED.

AAA Exhibit 30, GM-produced
document

Highlighted customer
information at
GM000061183

GRANTED.

AAA Exhibit 30, GM-produced
document

Highlighted customer
information at
GM000061184

GRANTED.

AAA Exhibit 31, GM-produced
document

Highlighted customer
information at
GM000008625

GRANTED.

AAA Exhibit 31, GM-produced
document

Highlighted customer
information at
GM000008626

GRANTED.

AAA Exhibit 32, GM-produced
document

Highlighted customer
information GM000038797

GRANTED.

AAA Exhibit 34, GM-produced
document

Highlighted customer
information at
GM000057516 (red box)

GRANTED.

AAA Exhibit 35, GM-produced
document

Highlighted customer
information at
GM000008092

GRANTED.

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AAA Exhibit 36, GM-produced
document

Highlighted customer
information at
GM000008258

GRANTED.

AAA Exhibit 37, GM-produced
document

Highlighted customer
information at
GM000008291

GRANTED.

AAA Exhibit 38, GM-produced
document

Highlighted customer
information at
GM000008409

GRANTED.

AAA Exhibit 39, GM-produced
document

Highlighted customer
information at
GM000008411

GRANTED.

AAA Exhibit 40, GM-produced
document

Highlighted customer
information at
GM000008569

GRANTED.

AAA Exhibit 40, GM-produced
document

Highlighted customer
information at
GM000008570

GRANTED.

AAA Exhibit 41, GM-produced
document

Highlighted customer
information at
GM000008571

GRANTED.

AAA Exhibit 41, GM-produced
document

Highlighted customer
information at
GM000008572

GRANTED.

AAA Exhibit 41, GM-produced
document

Highlighted customer
information at
GM000008573

GRANTED.

AAA Exhibit 42, GM-produced
document

Highlighted customer
information at
GM000008987

GRANTED.

AAA Exhibit 43, GM-produced
document

Highlighted customer
information at
GM000018723

GRANTED.

AAA Exhibit 43, GM-produced
document

Highlighted customer
information at
GM000018724

GRANTED.

AAA Exhibit 44, GM-produced
document

Highlighted customer
information at
GM000019847

GRANTED.

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AAA Exhibit 45, GM-produced
document

Highlighted customer
information at
GM000019973

GRANTED.

AAA Exhibit 45, GM-produced
document

Highlighted customer
information at
GM000019974

GRANTED.

AAA Exhibit 47, GM-produced
document

Highlighted customer
information at
GM000057565

GRANTED.

AAA Exhibit 48, GM-produced
document

Highlighted customer
information at
GM000057654

GRANTED.

AAA Exhibit 48, GM-produced
document

Highlighted customer
information at
GM000057655

GRANTED.

AAA Exhibit 48, GM-produced
document

Highlighted customer
information at
GM000057657

GRANTED.

AAA Exhibit 48, GM-produced
document

Highlighted customer
information at
GM000057658

GRANTED.

AAA Exhibit 48, GM-produced
document

Highlighted customer
information at
GM000057659

GRANTED.

AAA Exhibit 49, GM-produced
document

Highlighted customer
information at
GM000057702

GRANTED.

AAA Exhibit 49, GM-produced
document

Highlighted customer
information at
GM000057703

GRANTED.

AAA Exhibit 50, GM-produced
document

Highlighted customer
information at
GM000057717

GRANTED.

AAA Exhibit 51, GM-produced
document

Highlighted customer
information at
GM000057737

GRANTED.

AAA Exhibit 52, GM-produced
document

Highlighted customer
information at
GM000057773

GRANTED.

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ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

AAA Exhibit 53, GM-produced
document

Highlighted customer
information at
GM000057803

GRANTED.

AAA Exhibit 54, GM-produced
document

Highlighted customer
information at
GM000057815

GRANTED.

AAA Exhibit 55, GM-produced
document

Highlighted customer
information at
GM000061177

GRANTED.

AAA Exhibit 56, GM-produced
document

Highlighted customer
information at
GM000061186

GRANTED.

AAA Exhibit 65, GM-produced
document

Highlighted text at
GM000026293 (fourth and
fifth full sentences in email
dated 4/18/2017 at 7:42:25
PM)

GRANTED.

AAA Exhibit 75, GM-produced
document

Entire document

GRANTED.

AAA Exhibit 78, GM-produced
document

Entire document

GRANTED.

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GM’s Reply

Highlighted financial
information at 1:12

GRANTED.

GM’s Reply

Highlighted financial
information at 14:28

GRANTED.

GM’s Reply

Highlighted financial
information at 15:10

GRANTED.

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IT IS SO ORDERED.

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Dated: March 14, 2019
______________________________________
LUCY H. KOH
United States District Judge

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ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL