On April 26, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Ching Fen Huang,
Hsi Keng Huang,
Hsi Keng Huang,
Sz Hua Huang,
Sz Hua Huang,
Wei Lun Huang,
Trinity Huang,
Tristan Huang,
and
Tesla Inc.,
Tesla, Inc.,
The State Of California, Department Of Transportation,
for Other PI/PD/WD Unlimited (23)
in the District Court of Santa Clara County.
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19CV346663,
Santa Clara — Civil
B. Roman-Antunez
Vincent Galvin #104448
Joel Smith (Pro Hac Vice)
Lauren O. Miller #279448 Electronically Filed
BOWMAN AND BROOKE LLP by Superior Court of CA,
1741 Technology Drive, Suite 200 County of Santa Clara,
San Jose, California 95110-1364 on 4/20/2023 1:20 PM
Telephone: (408) 279-5393 Reviewed By: B. Roman-Antunez
Facsimile: (408) 279-5845 Case #19CV346663
vincent.galvin@bowmanandbrooke.com Envelope: 11764336
lauren.miller@bowmanandbrooke.com
Thomas Branigan (Pro Hac Vice)
BOWMAN AND BROOKE LLP
41000 Woodward Avenue, Suite 200 East
Bloomfield Hills, MI 48303
Telephone: (248) 205.3300
Facsimile: (248) 205.3399
10 Thomas.branigan@bowmanandbrooke.com
11 Attorneys for Defendant
Tesla, Inc.
12
13 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SANTA CLARA
15 SZ HUA HUANG, Individually and as successor Case No. 19CV346663
in interest to WEI LUN HUANG, deceased;
16 TRINITY HUANG, a minor; TRISTAN HUANG, Assigned for all purposes to:
a minor; HSI KENG HUANG; and CHING FEN Hon. Evette Pennypacker; Dept. 6
17 HUANG,
MOTION TO SEAL THE UNREDACTED
18 Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF PLAINTIFFS’
19 vs. MOTION TO COMPEL THE DEPOSITION OF
DEFENDANT TESLA’S PERSON MOST
20 TESLA, INC. dba TESLA MOTORS INC. THE QUALIFIED AND THE UNREDACTED
STATE OF CALIFORNIA, and DOES 1 through DECLARATION OF ANDREW MCDEVITT IN
21 100, SUPPORT THEREOF
22 Defendants. Date: April 27, 2023
Time: 9:00 a.m. 8.8.23
23 Dept.: 6
24 Ht
25 Hl
26 Hd
27 Hl
28 27842629 1
MOTION TO SEAL THE UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TESLA’S PERSON MOST
QUALIFIED AND THE UNREDACTED DECLARATION OF ANDREW MCDEVITT IN SUPPORT THEREOF
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendant, Tesla, Inc. hereby submits this Application to the Court for an order sealing plaintiffs’
Unredacted Memorandum of Points and Authorities in Support Of Plaintiffs’ Motion to Compel the
Deposition of Defendant Tesla’s Person Most Qualified and the Unredacted Declaration of Andrew
McDevitt in Support Thereof.
This application is made pursuant to California Rules of Court, Rules 2.550 and 2.551 and is
based on this application, the supporting memorandum of points and authorities, the supporting
Declaration of Lauren O. Miller, and the records and files in this action.
Dated: April 20, 2023 BOWMAN fae BROOKE LLP
10
[A p |
11 V (pe Yr
\Lauren O. Miller
12 Atiorneys for Defendant
Tesla, Inc.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 27842629 2
MOTION TO SEAL THE UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TESLA’S PERSON MOST
QUALIFIED AND THE UNREDACTED DECLARATION OF ANDREW MCDEVITT IN SUPPORT THEREOF
MEMORANDUM OF POINTS AND AUTHORITIES
In this matter, the parties entered into a stipulated protective order controlling the production
and use of Confidential and Highly Confidential-Attorneys Eyes Only information, documents and
testimony (“Covered Information”) and the Court entered an order on the Protective Order on June 12,
2020. Paragraph 4 of the Protective Order provides that copies of discovery responses and documents
containing Covered Information shall not be filed with the Court, except in accordance with Paragraph
5. Paragraph 5 provides that “[i]Jn connection with any motions or pre-trial proceedings as to which a
Party submits Confidential Information, the Parties shall follow the California Rules of Court, Rule 2.550
and 2.551.” The instant application to seal is being filed to seal plaintiffs’ Unredacted Memorandum of
10 Points and Authorities in Support Of Plaintiffs’ Motion to Compel the Deposition of Defendant Tesla’s
11 Person Most Qualified and the Unredacted Declaration of Andrew McDevitt in Support Thereof
12 (‘Plaintiffs’ Motion and Declaration”). Specifically, certain portions of Plaintiffs’ Motion and Declaration
13 contain Confidential and/or Highly Confidential — Attorneys Eyes Only information which, pursuant to
14 the Protective Order and C.R.C. Rule 2.550 and 2.551, Tesla requests the Court permanently seal from
15 the public file. Because the records Tesla is seeking to keep sealed are submitted in conjunction with a
16 discovery motion, the Court may order the record to be filed under seal without making the express
17 factual findings regarding overriding interests required by NBC Subsidiary (KNBC-TV), Inc. v. Superior
18 Court (1999) 20 Cal.4th 1178. The sealed records rules do not apply to discovery proceedings,
19 motions, and materials that are not used at trial or submitted to the court as a basis for adjudication.
20 (See CRC 2.550; NBC Subsidiary, supra, 20 Cal.4th at 1208-1209, fn. 25.)
21 A true and correct copy of plaintiffs’ Unredacted Memorandum of Points and Authorities in
22 Support Of Plaintiffs’ Motion to Compel the Deposition of Defendant Tesla’s Person Most Qualified and
23 the Unredacted Declaration of Andrew McDevitt in Support Thereof with Exhibits 8, 9, and 11, which
24 Tesla seeks to file under seal, have been lodged with this Court. Lauren Miller Decl. at J] 3.
25 M1
26 H/T
27 11
1
28 MEMO OF P&AS IN SUPPORT OF MOTION TO SEAL THE UNREDACTED MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT
TESLA’S PERSON MOST QUALIFIED AND THE UNREDACTED DECLARATION OF ANDREW MCDEVITT IN
SUPPORT THEREOF
CONCLUSION
This Court has authority to seal court filings when and where appropriate and Tesla requests
:
the Court permanently seal Unredacted Memorandum of Points and Authorities in Support Of Plaintiffs
Motion to Compel the Deposition of Defendant Tesla’s Person Most Qualified and the Unredacted
Declaration of Andrew McDevitt in Support Thereof.
Dated: April 20, 2023 ey AND BROOKE LLP
i
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19CV346663, Santa Clara — Civil B. Roman-Antunez Vincent Galvin #104448 Joel Smith (Pro Hac Vice) Lauren O. Miller #279448 Electronically Filed BOWMAN AND BROOKE LLP by Superior Court of CA, 1741 Technology Drive, Suite 200 County of Santa Clara, San Jose, California 95110-1364 on 4/20/2023 1:20 PM Telephone: (408) 279-5393 Reviewed By: B. Roman-Antunez Facsimile: (408) 279-5845 Case #19CV346663 vincent.galvin@bowmanandbrooke.com Envelope: 11764336 lauren.miller@bowmanandbrooke.com Thomas Branigan (Pro Hac Vice) BOWMAN AND BROOKE LLP 41000 Woodward Avenue, Suite 200 East Bloomfield Hills, MI 48303 Telephone: (248) 205.3300 Facsimile: (248) 205.3399 10 Thomas.branigan@bowmanandbrooke.com 11 Attorneys for Defendant Tesla, Inc. 12 13 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SANTA CLARA 15 SZ HUA HUANG, Individually and as successor Case No. 19CV346663 in interest to WEI LUN HUANG, deceased; 16 TRINITY HUANG, a minor; TRISTAN HUANG, Assigned for all purposes to: a minor; HSI KENG HUANG; and CHING FEN Hon. Evette Pennypacker; Dept. 6 17 HUANG, MOTION TO SEAL THE UNREDACTED 18 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ 19 vs. MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TESLA’S PERSON MOST 20 TESLA, INC. dba TESLA MOTORS INC. THE QUALIFIED AND THE UNREDACTED STATE OF CALIFORNIA, and DOES 1 through DECLARATION OF ANDREW MCDEVITT IN 21 100, SUPPORT THEREOF 22 Defendants. Date: April 27, 2023 Time: 9:00 a.m. 8.8.23 23 Dept.: 6 24 Ht 25 Hl 26 Hd 27 Hl 28 27842629 1 MOTION TO SEAL THE UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TESLA’S PERSON MOST QUALIFIED AND THE UNREDACTED DECLARATION OF ANDREW MCDEVITT IN SUPPORT THEREOF TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Defendant, Tesla, Inc. hereby submits this Application to the Court for an order sealing plaintiffs’ Unredacted Memorandum of Points and Authorities in Support Of Plaintiffs’ Motion to Compel the Deposition of Defendant Tesla’s Person Most Qualified and the Unredacted Declaration of Andrew McDevitt in Support Thereof. This application is made pursuant to California Rules of Court, Rules 2.550 and 2.551 and is based on this application, the supporting memorandum of points and authorities, the supporting Declaration of Lauren O. Miller, and the records and files in this action. Dated: April 20, 2023 BOWMAN fae BROOKE LLP 10 [A p | 11 V (pe Yr \Lauren O. Miller 12 Atiorneys for Defendant Tesla, Inc. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27842629 2 MOTION TO SEAL THE UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TESLA’S PERSON MOST QUALIFIED AND THE UNREDACTED DECLARATION OF ANDREW MCDEVITT IN SUPPORT THEREOF MEMORANDUM OF POINTS AND AUTHORITIES In this matter, the parties entered into a stipulated protective order controlling the production and use of Confidential and Highly Confidential-Attorneys Eyes Only information, documents and testimony (“Covered Information”) and the Court entered an order on the Protective Order on June 12, 2020. Paragraph 4 of the Protective Order provides that copies of discovery responses and documents containing Covered Information shall not be filed with the Court, except in accordance with Paragraph 5. Paragraph 5 provides that “[i]Jn connection with any motions or pre-trial proceedings as to which a Party submits Confidential Information, the Parties shall follow the California Rules of Court, Rule 2.550 and 2.551.” The instant application to seal is being filed to seal plaintiffs’ Unredacted Memorandum of 10 Points and Authorities in Support Of Plaintiffs’ Motion to Compel the Deposition of Defendant Tesla’s 11 Person Most Qualified and the Unredacted Declaration of Andrew McDevitt in Support Thereof 12 (‘Plaintiffs’ Motion and Declaration”). Specifically, certain portions of Plaintiffs’ Motion and Declaration 13 contain Confidential and/or Highly Confidential — Attorneys Eyes Only information which, pursuant to 14 the Protective Order and C.R.C. Rule 2.550 and 2.551, Tesla requests the Court permanently seal from 15 the public file. Because the records Tesla is seeking to keep sealed are submitted in conjunction with a 16 discovery motion, the Court may order the record to be filed under seal without making the express 17 factual findings regarding overriding interests required by NBC Subsidiary (KNBC-TV), Inc. v. Superior 18 Court (1999) 20 Cal.4th 1178. The sealed records rules do not apply to discovery proceedings, 19 motions, and materials that are not used at trial or submitted to the court as a basis for adjudication. 20 (See CRC 2.550; NBC Subsidiary, supra, 20 Cal.4th at 1208-1209, fn. 25.) 21 A true and correct copy of plaintiffs’ Unredacted Memorandum of Points and Authorities in 22 Support Of Plaintiffs’ Motion to Compel the Deposition of Defendant Tesla’s Person Most Qualified and 23 the Unredacted Declaration of Andrew McDevitt in Support Thereof with Exhibits 8, 9, and 11, which 24 Tesla seeks to file under seal, have been lodged with this Court. Lauren Miller Decl. at J] 3. 25 M1 26 H/T 27 11 1 28 MEMO OF P&AS IN SUPPORT OF MOTION TO SEAL THE UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TESLA’S PERSON MOST QUALIFIED AND THE UNREDACTED DECLARATION OF ANDREW MCDEVITT IN SUPPORT THEREOF CONCLUSION This Court has authority to seal court filings when and where appropriate and Tesla requests : the Court permanently seal Unredacted Memorandum of Points and Authorities in Support Of Plaintiffs Motion to Compel the Deposition of Defendant Tesla’s Person Most Qualified and the Unredacted Declaration of Andrew McDevitt in Support Thereof. Dated: April 20, 2023 ey AND BROOKE LLP i S~