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1 MATTHEW J. GLUCK (221571)
ELECTRONICALLY
JUSTIN L. SOWA (305002)
2 GLUCK DANIEL LLP F I L E D
One Sansome Street, Suite 720 Superior Court of California,
County of San Francisco
3 San Francisco, CA 94104
Telephone 415-510-2114 01/07/2021
4 Facsimile 415-510-2208 Clerk of the Court
BY: EDNALEEN ALEGRE
Email litigation@gluckdaniel.com Deputy Clerk
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SCOTT KLEIN (Pro Hac Vice Pending)
6 MINTZ & GOLD, LLP
600 Third Avenue
7 New York, NY 10016
Tel: (212) 696-4848
8 Fax: (212) 696-1231
Email: klein@mintzandgold.com
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Attorneys for Defendants 901 Market St. SF LLC and Knotel, Inc.
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 CITY AND COUNTY OF SAN FRANCISCO
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DOORDASH, INC. Case No. CGC-20-584606
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Plaintiff,
15 DECLARATION OF MATTHEW J.
v. GLUCK IN SUPPORT OF JOINDER TO
16 PLAINTIFF’S MOTION TO SEAL AND
901 MARKET ST SF LLC, and KNOTEL, DEFENDANTS’ MOTION TO SEAL
17 INC., CONFIDENTIAL PORTIONS OF ITS
OPPOSITION TO DOORDASH INC.’S
18 Defendants. MOTION FOR SUMMARY JUDGMENT
19 Date: January 19, 2021
Time: 9:30 a.m.
20 Dept: 302
Judge: Hon. Ethan P. Schulman
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Complaint filed: May 26, 2020
22 Trial date: May 3, 2021
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24 I, Matthew J. Gluck, hereby declare under penalty of perjury as follows:
25 1. I am a partner at Gluck Daniel LLP, counsel of record for Defendants Knotel, Inc.
26 and 901 Market St SF LLC in this action. I make this declaration based on my own personal
27 knowledge and my representation of Defendants in this action. If called as a witness, I could testify
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DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF MOTION TO SEAL
1 competently to the facts set forth in this Declaration. I make this declaration in support of
2 Defendants Motion to File Under Seal Confidential Portions of Its Opposition to DoorDash, Inc.’s
3 Motion for Summary Judgment or, in the Alternative, Summary Adjudication (“Opposition”), and
4 documents in support thereof.
5 2. On May 26, 2020, Plaintiff DoorDash, Inc. (“DoorDash”) filed a redacted version
6 of its Complaint for Damages (“Complaint”) in the present litigation and lodged an unredacted
7 copy of the same that was conditionally filed under seal.
8 3. On July 9, 2020, DoorDash noticed a hearing on its unopposed motion to seal
9 certain portions of its Complaint and two exhibits thereto: (1) the April 2017 Office Lease
10 Agreement, and (2) the Landlord Consent to Assignment and Assumption of Lease (which
11 included as attachments an Assignment of Lease Agreement and a Guaranty of Lease and
12 Assignment of Lease Agreement).
13 4. On August 5, 2020, this Court granted DoorDash’s unopposed sealing motion and
14 ordered sealed the above-referenced Exhibits from the Complaint, as well as portions of the
15 Complaint that quoted from or described the exhibits in detail. A true and correct copy of this
16 Court’s August 5, 2020 Order is attached hereto as Exhibit 1.
17 5. On October 30, 2020, DoorDash filed a Motion for Summary Judgment Or, in the
18 Alternative, Summary Adjudication, and also filed a Motion to Seal elements of their moving
19 papers, which they set for hearing on the same date. DoorDash’s motion to seal is premised on
20 contractual obligations that Defendants share, and so Defendants join DoorDash’s motion and
21 separately move to seal similar documents in their opposition papers to DoorDash’s motion for
22 summary judgment.
23 6. The documents that Defendants ask that the court seal on this motion are the same
24 documents sealed by the Court on August 5, 2020. Exhibit A to the Khanna Declaration is the
25 identical document as the Office Lease sealed by the Court as exhibit 1 to DoorDash’s complaint.
26 Exhibits B, C, and D to the Khanna Declaration are the Landlord Consent to Assignment and
27 Assumption of Lease, the Assignment agreement, and the Guaranty agreement which together
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DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF MOTION TO SEAL
1 comprise exhibit 2 to DoorDash’s complaint that was sealed by the Court. Exhibits B, C, and D to
2 the Khanna Declaration are bates-stamped copies of the agreements that were exchanged in
3 discovery, but are substantively the identical documents as those which were previously sealed.
4 I declare under the penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct. Executed this 7th day of January 2021 in Mill Valley, California.
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7 Matthew J. Gluck
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DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF MOTION TO SEAL
EXHIBIT 1
PROOF OF SERVICE
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I, Brenda Martinez-Eby, declare as follows: I am a resident of the United States, over the age of
eighteen years and not a party to the within entitled action. My business address is Gluck Daniel LLP, One
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Sansome Street, Suite 720, San Francisco, California 94104. On the date below, I served the attached paper
identified below on the interested parties in said action, by placing a true copy thereof in sealed envelope(s)
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addressed as indicated and served the named document in the manner indicated below:
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DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF JOINDER TO
6 PLAINTIFF’S MOTION TO SEAL AND DEFENDANTS’ MOTION TO SEAL
CONFIDENTIAL PORTIONS OF ITS OPPOSITION TO DOORDASH INC.’S MOTION
7 FOR SUMMARY JUDGMENT
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Service upon:
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Emily Dillingham Ruby Kazi
10 J. Erik Connolly BENESCH, FRIEDLANDER, COPLAN &
Rebecca L. Dircks ARONOFF LLP
11 Madhavi Seth One Montgomery Tower
BENESCH, FRIEDLANDER, COPLAN & 120 Kearny Street, Suite 2700
12 ARONOFF LLP San Francisco, CA 94104
71 South Wacker Drive, Suite 1600 Telephone: 628-600-2250
13 Chicago, IL 60606 Email: rkazi@beneschlaw.com
Telephone: 312-212-4949
14 Email: edillingham@beneschlaw.com Attorney for Plaintiff DoorDash, Inc.
econnolly@beneschlaw.com
15 rdircks@beneschlaw.com
mseth@beneschlaw.com
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Attorneys for Plaintiff DoorDash, Inc.
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Scott Klein
18 Alex Otchy
MINTZ & GOLD, LLP
19 600 Third Avenue
New York, NY 10016
20 Tel: (212) 696-4848
Fax: (212) 696-1231
21 Email: klein@mintzandgold.com
otchy@mintzandgold.com
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Attorneys for Defendants 901 Market St. SF
23 LLC and Knotel, Inc.
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BY E-SERVICE: I caused true and correct copies of the above document(s) to be sent via electronic
25 transmission through the Court’s E-service vendor in conformity with San Francisco Superior Court Local
Rule 2.10.
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PROOF OF SERVICE
I declare under penalty of perjury under the laws of the State of California that the foregoing
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Brenda Martinez-Eby
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PROOF OF SERVICE
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1 MATTHEW J. GLUCK (221571) ELECTRONICALLY JUSTIN L. SOWA (305002) 2 GLUCK DANIEL LLP F I L E D One Sansome Street, Suite 720 Superior Court of California, County of San Francisco 3 San Francisco, CA 94104 Telephone 415-510-2114 01/07/2021 4 Facsimile 415-510-2208 Clerk of the Court BY: EDNALEEN ALEGRE Email litigation@gluckdaniel.com Deputy Clerk 5 SCOTT KLEIN (Pro Hac Vice Pending) 6 MINTZ & GOLD, LLP 600 Third Avenue 7 New York, NY 10016 Tel: (212) 696-4848 8 Fax: (212) 696-1231 Email: klein@mintzandgold.com 9 Attorneys for Defendants 901 Market St. SF LLC and Knotel, Inc. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 CITY AND COUNTY OF SAN FRANCISCO 13 DOORDASH, INC. Case No. CGC-20-584606 14 Plaintiff, 15 DECLARATION OF MATTHEW J. v. GLUCK IN SUPPORT OF JOINDER TO 16 PLAINTIFF’S MOTION TO SEAL AND 901 MARKET ST SF LLC, and KNOTEL, DEFENDANTS’ MOTION TO SEAL 17 INC., CONFIDENTIAL PORTIONS OF ITS OPPOSITION TO DOORDASH INC.’S 18 Defendants. MOTION FOR SUMMARY JUDGMENT 19 Date: January 19, 2021 Time: 9:30 a.m. 20 Dept: 302 Judge: Hon. Ethan P. Schulman 21 Complaint filed: May 26, 2020 22 Trial date: May 3, 2021 23 24 I, Matthew J. Gluck, hereby declare under penalty of perjury as follows: 25 1. I am a partner at Gluck Daniel LLP, counsel of record for Defendants Knotel, Inc. 26 and 901 Market St SF LLC in this action. I make this declaration based on my own personal 27 knowledge and my representation of Defendants in this action. If called as a witness, I could testify 28 -1- DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF MOTION TO SEAL 1 competently to the facts set forth in this Declaration. I make this declaration in support of 2 Defendants Motion to File Under Seal Confidential Portions of Its Opposition to DoorDash, Inc.’s 3 Motion for Summary Judgment or, in the Alternative, Summary Adjudication (“Opposition”), and 4 documents in support thereof. 5 2. On May 26, 2020, Plaintiff DoorDash, Inc. (“DoorDash”) filed a redacted version 6 of its Complaint for Damages (“Complaint”) in the present litigation and lodged an unredacted 7 copy of the same that was conditionally filed under seal. 8 3. On July 9, 2020, DoorDash noticed a hearing on its unopposed motion to seal 9 certain portions of its Complaint and two exhibits thereto: (1) the April 2017 Office Lease 10 Agreement, and (2) the Landlord Consent to Assignment and Assumption of Lease (which 11 included as attachments an Assignment of Lease Agreement and a Guaranty of Lease and 12 Assignment of Lease Agreement). 13 4. On August 5, 2020, this Court granted DoorDash’s unopposed sealing motion and 14 ordered sealed the above-referenced Exhibits from the Complaint, as well as portions of the 15 Complaint that quoted from or described the exhibits in detail. A true and correct copy of this 16 Court’s August 5, 2020 Order is attached hereto as Exhibit 1. 17 5. On October 30, 2020, DoorDash filed a Motion for Summary Judgment Or, in the 18 Alternative, Summary Adjudication, and also filed a Motion to Seal elements of their moving 19 papers, which they set for hearing on the same date. DoorDash’s motion to seal is premised on 20 contractual obligations that Defendants share, and so Defendants join DoorDash’s motion and 21 separately move to seal similar documents in their opposition papers to DoorDash’s motion for 22 summary judgment. 23 6. The documents that Defendants ask that the court seal on this motion are the same 24 documents sealed by the Court on August 5, 2020. Exhibit A to the Khanna Declaration is the 25 identical document as the Office Lease sealed by the Court as exhibit 1 to DoorDash’s complaint. 26 Exhibits B, C, and D to the Khanna Declaration are the Landlord Consent to Assignment and 27 Assumption of Lease, the Assignment agreement, and the Guaranty agreement which together 28 -2- DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF MOTION TO SEAL 1 comprise exhibit 2 to DoorDash’s complaint that was sealed by the Court. Exhibits B, C, and D to 2 the Khanna Declaration are bates-stamped copies of the agreements that were exchanged in 3 discovery, but are substantively the identical documents as those which were previously sealed. 4 I declare under the penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct. Executed this 7th day of January 2021 in Mill Valley, California. 6 7 Matthew J. Gluck 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF MOTION TO SEAL EXHIBIT 1 PROOF OF SERVICE 1 2 I, Brenda Martinez-Eby, declare as follows: I am a resident of the United States, over the age of eighteen years and not a party to the within entitled action. My business address is Gluck Daniel LLP, One 3 Sansome Street, Suite 720, San Francisco, California 94104. On the date below, I served the attached paper identified below on the interested parties in said action, by placing a true copy thereof in sealed envelope(s) 4 addressed as indicated and served the named document in the manner indicated below: 5 DECLARATION OF MATTHEW J. GLUCK IN SUPPORT OF JOINDER TO 6 PLAINTIFF’S MOTION TO SEAL AND DEFENDANTS’ MOTION TO SEAL CONFIDENTIAL PORTIONS OF ITS OPPOSITION TO DOORDASH INC.’S MOTION 7 FOR SUMMARY JUDGMENT 8 Service upon: 9 Emily Dillingham Ruby Kazi 10 J. Erik Connolly BENESCH, FRIEDLANDER, COPLAN & Rebecca L. Dircks ARONOFF LLP 11 Madhavi Seth One Montgomery Tower BENESCH, FRIEDLANDER, COPLAN & 120 Kearny Street, Suite 2700 12 ARONOFF LLP San Francisco, CA 94104 71 South Wacker Drive, Suite 1600 Telephone: 628-600-2250 13 Chicago, IL 60606 Email: rkazi@beneschlaw.com Telephone: 312-212-4949 14 Email: edillingham@beneschlaw.com Attorney for Plaintiff DoorDash, Inc. econnolly@beneschlaw.com 15 rdircks@beneschlaw.com mseth@beneschlaw.com 16 Attorneys for Plaintiff DoorDash, Inc. 17 Scott Klein 18 Alex Otchy MINTZ & GOLD, LLP 19 600 Third Avenue New York, NY 10016 20 Tel: (212) 696-4848 Fax: (212) 696-1231 21 Email: klein@mintzandgold.com otchy@mintzandgold.com 22 Attorneys for Defendants 901 Market St. SF 23 LLC and Knotel, Inc. 24 BY E-SERVICE: I caused true and correct copies of the above document(s) to be sent via electronic 25 transmission through the Court’s E-service vendor in conformity with San Francisco Superior Court Local Rule 2.10. 26 27 28 -4- PROOF OF SERVICE I declare under penalty of perjury under the laws of the State of California that the foregoing 1 is true and correct. Executed January 7, 2021, at South San Francisco, California. 2 3 Brenda Martinez-Eby 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 -5- PROOF OF SERVICE