TK Texts

Case 3:17-cv-00939-WHA Document 1169 Filed 08/11/17 Page 1 of 4
1 MICHAEL A. JACOBS (CA SBN 111664)

MJacobs@mofo.com
2 ARTURO J. GONZLEZ (CA SBN 121490)
AGonzalez@mofo.com
3 ERIC A. TATE (CA SBN 178719)
ETate@mofo.com
4 RUDY Y. KIM (CA SBN 199426)
RKim@mofo.com
5 MORRISON & FOERSTER LLP
425 Market Street
6 San Francisco, California 94105-2482
Telephone: 415.268.7000
7 Facsimile: 415.268.7522
8 KAREN L. DUNN (Pro Hac Vice)

kdunn@bsfllp.com
9 HAMISH P.M. HUME (Pro Hac Vice)
hhume@bsfllp.com
10 BOIES SCHILLER FLEXNER LLP
1401 New York Avenue, N.W.
11 Washington DC 20005
Telephone: 202.237.2727
12 Facsimile: 202.237.6131
13 Attorneys for Defendants

UBER TECHNOLOGIES, INC.
14 and OTTOMOTTO LLC
15 UNITED STATES DISTRICT COURT

16 NORTHERN DISTRICT OF CALIFORNIA
17 SAN FRANCISCO DIVISION
18 WAYMO LLC, Case No. 3:17-cv-00939-WHA
19 Plaintiff, DECLARATION OF MICHELLE
YANG IN SUPPORT OF
20 v. PLAINTIFFS ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
21 UBER TECHNOLOGIES, INC., ITS MOTION TO COMPEL TEXT
OTTOMOTTO LLC; OTTO TRUCKING LLC, MESSAGES (DKT. 1117)
22
Defendants. Trial Date: October 10, 2017
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YANG DECLARATION ISO WAYMOS ADMINISTRATIVE MOTION TO FILE UNDER SEAL

Case No. 3:17-cv-00939-WHA
sf-3813678
1 I, Michelle Yang, declare as follows:
2 1. I am an attorney at the law firm of Morrison & Foerster LLP. I make this
3 declaration based upon matters within my own personal knowledge and if called as a witness, I
4 could and would competently testify to the matters set forth herein. I make this declaration in
5 support of Plaintiffs Administrative Motion to File Under Seal Its Motion to Compel Text
6 Messages (Dkt. 1117).
7 2. I have reviewed the following documents and confirmed that only the portions
8 identified below merit sealing:
9
Document Portions to Be Filed Under Seal
10
Waymos Motion to Compel Text Messages Red-marked boxes
11 (Motion)
12 Exhibit 2 Red-marked boxes
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Exhibits 5 and 6 Red-marked boxes
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Exhibits 8, 9, 10 Red-Marked boxes
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Exhibit 11 Entire Document
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17 3. The red-marked boxes on page 1 of Waymos Motion contain information
18 considered highly confidential by Otto Trucking, for which it has already submitted a declaration.
19 4. The red-marked boxes on page 2 of Waymos Motion contain information
20 exchanged among counsel in this case that, pursuant to a meet and confer agreement, was agreed
21 to not be used as evidence or be made public in this litigation.
22 5. The red-marked boxes on page 3 of Waymos Motion, as well as some of the red-
23 marked boxes in Exhibit 11, contain highly confidential information regarding an internal
24 company groups strategic priorities and technical development status at a certain time. This
25 information is not publicly known, and its confidentiality is strictly maintained. If this
26 information were disclosed, competitors would gain knowledge into the development timeline of
27 Ubers self-driving car program, and could use that knowledge to gain an advantage over Uber in
28 this market, such that Ubers competitive standing could be harmed.

1
sf-3813678
1 6. The red-marked boxes of Exhibit 2 contain highly confidential information
2 regarding the structure of a business agreement. This business agreement structure is not publicly
3 known, and its confidentiality is strictly maintained. I understand that disclosure of this
4 information would allow competitors to understand how Defendants structure their business
5 agreement terms, such that competitors could take advantage by tailoring their own business
6 offers. Ubers competitive standing could be harmed.
7 7. The red-marked boxes of Exhibits 5 and 6 contain highly confidential information
8 from text messages among top executives at Uber regarding the following highly confidential
9 subject matter: detailed market strategy plans, business negotiations, ongoing business
10 relationships, technical aspects of Ubers LiDAR design, internal organizational structure, Ubers
11 prioritization of strategic business goals, estimates of various technical and commercialization
12 timelines, and evaluations of competitors. All of this information is not publicly known, and its
13 confidentiality is strictly maintained. If any of this information were disclosed, Defendants
14 competitors could obtain a competitive advantage by having insight into Defendants internal
15 communications, analyses, and assessments of company priorities and future business plans. For
16 example, Defendants competitors could use this information to tailor their own business
17 negotiation strategy, adjust the technical specifications of their sensor designs, re-evaluate their
18 company priorities, and refine their overall market strategy. I understand that Ubers competitive
19 standing could be seriously harmed by the disclosure of this information.
20 8. The red-marked boxes of Exhibits 5 and 6 also contain in a few instances the
21 names of individuals at the company who are generally unrelated to this litigation, but who are
22 mentioned in passing. In order to protect their privacy interests, because these individuals are at a
23 company subject to great media attention, Defendants seek to seal this information. On a related
24 note, several red-marked boxes in Exhibits 5 and 6 contain personal information irrelevant to the
25 case, and public disclosure of this information would harm individuals privacy interests.
26 Defendants request that the Court grant sealing of this material.
27 9. In addition, the red-marked boxes of Exhibits 5, 6, 8, 9, 10, and 11 contain
28 personal contact information of high-ranking current and former company executives, whose

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sf-3813678
1 privacy could become compromised if disclosed to the public. Defendants seek to seal this
2 information in order to protect the privacy of these current and former executives, as prominent
3 individuals at the company are currently the subject of extensive media coverage. Disclosure of
4 this information for such high-ranking executives could expose them to harm or harassment.
5 10. Defendants request to seal is narrowly tailored to those portions of Plaintiffs
6 Motion and supporting exhibits that merit sealing.
7 I declare under penalty of perjury under the laws of the United States that the foregoing is
8 true and correct. Executed this 11th day of August, 2017, at San Francisco, CA.
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/s/ Michelle Yang
11 Michelle Yang
12
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ATTESTATION OF E-FILED SIGNATURE
14
I, Arturo J. Gonzlez, am the ECF User whose ID and password are being used to file this
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Declaration. In compliance with General Order 45, X.B., I hereby attest that Michelle Yang has
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concurred in this filing.
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18 Dated: August 11, 2017 /s/ Arturo J. Gonzlez

Arturo J. Gonzlez
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sf-3813678
Case 3:17-cv-00939-WHA Document 1169-1 Filed 08/11/17 Page 1 of 4
August 7, 2017
VIA ECF
Magistrate Judge Jacqueline Scott Corley

USDC, Northern District of California
San Francisco Courthouse Courtroom F - 15th Floor
450 Golden Gate Avenue, San Francisco, CA 94102
Re: Waymo LLC v. Uber Technologies, Inc., et al., N.D. Cal. Case No. 3:17-cv-00939-WHA
Dear Magistrate Judge Corley:
Plaintiff Waymo LLC (Waymo) submits this letter brief in support of Waymos motion to compel
Uber to (1) produce to Waymo Travis Kalanicks phone(s), all forensic images of these phone(s), and
all text messages to or from Anthony Levandowski or regarding the subject matter of Mr. Levandowski,
LiDAR, Ottomotto, and/or Otto Trucking, and (2) produce all documents responsive to Waymos Request
for Production No. 256.
UNREDACTED VERSION OF DOCUMENT SOUGHT TO BE FILED UNDER SEAL
01980-00104/9475855.1
EXHIBIT 2
FILED UNDER SEAL
Lindsey Keenan
From: Andrea P Roberts

Sent: Thursday, June 08, 2017 8:12 PM
To: John Cooper (JCooper@fbm.com); Matthew Cate (MCate@fbm.com);
UberWaymoMoFoAttorneys; Boies Service (BSF_EXTERNAL_UberWaymoLit@bsfllp.com);
Rachel Walsh (RWalsh@goodwinlaw.com); Neel Chatterjee
(nchatterjee@goodwinlaw.com); Shane Brun (SBrun@goodwinlaw.com); Brett Schuman
(BSchuman@goodwinlaw.com)
Cc: QE-Waymo
Subject: Waymo v. Uber Follow Up on June 7 Meet and Confer
John and Counsel,
I write to follow up and summarize several of the issues discussed on yesterdays meet and confer.
3500 Withheld Documents
We discussed the status of Defendants identification of withheld documents that are implicated by Judge
Corleys June 5 order. Mr. Cooper made clear that he wants to tee up focused issues for Judge Corley to
resolve by Wednesday, June 14. Defendants agreed that by this Friday, June 9 they will identify for each
document on their privilege logs where they contend it is still privileged both under Judge Corleys ruling (and
whether it would be assuming any appeal of that ruling is granted), and the basis for same. Based on that Friday
identification, the parties would then meet and confer on Monday and/or Tuesday about the issues to be
resolved by Judge Corley so that a motion to compel can be filed on Wednesday. This morning Judge Corley
issued an order requiring the parties to jointly propose a process for resolving any further privilege log disputes
by close of business on Monday, June 12. Accordingly, we request that Defendants provide the list of
documents that are still privileged by 2 pm tomorrow so that we have ample time to review that list and the
parties have time to meet and confer and agree on a process before close of business on Monday.
Requests for Production
Before Waymo can serve any additional Requests for Production, we must send an email to Mr. Cooper and
Defendants identifying the additional requests and explaining why Waymo should be entitled to serve
them. Its our understanding that this procedure must be followed for anything above 265 RFPs. Thus,
Defendants should follow this same procedure after they collectively reach 265 RFPs. Further, there was no
discussion of the deadline by which either side must request leave to serve additional RFPs. We propose that
the deadline should be sufficiently in advance of the deadline by which RFPs would need to be served so that
answers are due by the close of fact discovery.
Interrogatories
Mr. Cooper concluded that each party would be limited to 25 interrogatories. He further indicated that if the
parties have objections relating to the fairness of number of interrogatories served, they can raise them in their
interrogatory objections. We request clarification from Mr. Cooper whether his conclusion is that Waymo has
25 interrogatories for Otto Trucking and 25 for Uber/Otto (i.e., 50 total, the same number that defendants will
be serving on Waymo), or whether his conclusion is that Waymo has 25 interrogatories total to serve, but has to
respond to 50 total from Defendants. Waymo notes that FRCP 33 provides that [u]nless otherwise stipulated
1
or ordered by the court, a party may serve on any other party no more than 25 written interrogatories,
including all discrete subparts. (emphasis added).
Ubers Response to Expedited RFP 5
Uber and OttoMotto are to identify the Bates range of documents produced that were in the Data Room. They
are also supposed to provide an explanation of diligence documents that were not put in the Data Room and the
volume of such documents. Defendants said that they would provide this information by the end of this week,
i.e. Friday June 9.
Ubers Response to Expedited RFP 8
We asked whether all documents Defendants are withholding in response to this request are privileged. Ms.
Ray said that she needed to confer with Ms. Rivera. Please provide a response by tomorrow. As we indicated
on the call, Defendants cannot continue to refuse to log documents being withheld as privileged while waiting
for various court orders.
Ubers Response to Expedited Interrogatory No. 1
We raised the question of why Defendants did not disclose in response to the March 16 Order the destruction by
Levandowski of five disks that he reported to Uber contained Google information. Uber responded that it does
not know what was on those disks and never had them and therefore cannot certify that they contained the
downloaded material. Uber further said that it understood the relevance of Waymos question and
acknowledged that it would have been helpful if Uber had disclosed and explained this issue earlier.
We additionally asked whether Otto had access to these disks or any further information about them, since
Levandowski was employed at Otto at the time of their destruction. Mr. Hume said that Uber and OttoMotto do
not know where the downloaded files are; dont know if Stroz has them; and dont think that Otto ever had
them. With respect to whether Stroz has possession of the files, Mr. Hume said that the issue is being litigated
and if Judge Corleys decision stands, Waymo will get the Stroz report. We asked that Defendants supplement
their response to this interrogatory if Judge Corlyes decision stands.
In response to Waymos questions about Ubers response, Mr. Cooper asked that Defendants explain what
source they used to determine which devices Levandowski used to access Defendants networks. Please
provide this response by tomorrow.
Ms. Ray further confirmed that this response is intended to include Otto.
Ms. Ray stated that Defendants do not have access to Sandstone LLC ownership information. However, Uber
recently produced a document showing payment for Tyto LIDAR LLC and including as the recipient Ognen
Stojanovski. UBER00048430. We understand from Ubers other interrogatory responses that Mr. Stojanovski
is a current Uber employee. Did Uber ask Mr. Stojanovski about the information called for by this
interrogatory? Did Uber similarly ask Mr. Levandowski about this information before his termination? Please
let us know by Friday.
Ubers Responses to Expedited Interrogatory Nos. 5, 8, and 9
2
Ms. Ray said that she needed to discuss these with Ms. Rivera and will respond by Friday.
Texts Between Levandowski and Travis Kalanick
As Defendants previously noted, the texts made available for inspection do not include texts sent from Kalanick
to Levandowski. Ms. Chang said that theyve made available for inspection all of the texts between
Levandowski and Kalanick that were collected from Kalanicks phone. The vendor thinks that there wasnt a
collection issue but, due to Kalanicks recent family tragedy, Uber does not currently have access to his phone
and doesnt know when it will have it. It was also made clear that, when collecting texts from Kalanicks
phone, Defendants did collect texts from Kalanick to others. It is only texts from Kalanick to Levandowski that
are missing. We will follow up on this issue again as we do want to inspect these texts, but are mindful of
Kalanicks current situation.
Inspection Issues
In response to the third paragraph in Mr. Nardinellis June 1 email, Ms. Chang responded that it is her
understanding that most or all of the laptops Waymos counsel saw in the LiDAR development area were Uber-
issued. She explained, however, that she cannot verify that they were all Uber-issued because the question was
simply about laptops seen in that area on a particular day. If Waymo wants a more definitive answer,
Defendants contend they should serve an interrogatory.
In response to Waymos request that Uber produce the .txt file Mr. Nardinelli created during the source code
inspection, Defendants refused saying that this file should be treated as source code and under source code
protections. Ms. Chang suggested that Defendants would be willing to consider producing a portion of that
document, but not the whole thing. We are evaluating whether a portion will be sufficient and will respond in a
separate email.
With respect to emails from Tyto LiDAR, which were not included in the emails made available for inspection,
Ms. Chang said that emails were not a part of the and so there are no such emails.
Max Levandowski Deposition
We will address this in separate correspondence.
Waymos Expedited RFP 13
Uber responded that it does not have objections to this request.
Meall #3
Defendants represented that they will search for additional documents, but are not optimistic that any will be
located. We ask that any such additional documents be produced by June 16.
Otto Trucking Privilege Logs
We asked for clarification regarding Otto Truckings representation that all entries on various privilege logs
were documents in Otto Truckings possession, custody, or control. Ms. Walsh explained that those documents
were OMelveny documents, and OMelveny represented both Otto Trucking and OttoMotto. Thus, those are
documents that were in Otto Truckings possession, custody, or control.
Status of Otto Truckings Expedited Document Productions

3
Ms. Walsh represented that Otto Truckings production responsive to Waymos Expedited RFPs would be
complete on Friday.
Otto Trucking Responses to Expedited RFPs and Interrogatories
With respect to both RFPs and Interrogatories, Otto Truckings responses use the language as it pertains to
Otto Trucking. Ms. Walsh represented that this language was used to distinguish Otto Trucking from Uber
and OttoMotto. Ms. Walsh represented that Otto Trucking is not withholding responsive information on the
basis that it does not pertain to Otto Trucking. We reiterate that if Otto Trucking has information that is
responsive to any of these requests, even if it pertains to another defendant, it should be provided.
We also asked whether Otto Trucking conferred with its members, including Levandowski, regarding
responsive documents and the interrogatories. Otto Trucking refused to answer, saying this was attorney work
product.
With respect to Expedited RFP 8, Ms. Walsh was not sure if there were additional documents that needed to be
logged and said she would check. Please provide an update by Friday.
With respect to Expedited Interrogatory No. 3, Ms. Walsh clarified that Otto Trucking does not have any
networks.
With respect to Expedited Interrogatory No. 9, Ms. Walsh said that she would confirm that the referenced
documents were produced to Waymo. Please confirm by tomorrow that theyve been produced.
Thanks,
Andrea
Andrea Pallios Roberts

Of Counsel,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, CA 94065
650-801-5023 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
andreaproberts@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.
4
EXHIBIT 5
FILED UNDER SEAL
James Judah
From: Popken, Betsy (Colleen) <bpopken@orrick.com>

Sent: Friday, August 04, 2017 3:00 PM
To: James Judah
Cc: Karen Dunn; Martha Goodman; Ray, Wendy J.; Rivera, Sylvia; Brown, Walter F.; Haag,
Melinda; Linsenmayer, Robin A.; Poer, Jennifer Nejad; Uriarte, Robert L.
Subject: Waymo v. Uber - text message production
Attachments: TK-AL Texts for Production - 8.4.17.pdf
Hi James,
Per your request, attached is an advance courtesy copy of a spreadsheet reflecting text messages recovered from Travis
Kalanicks phone. The password for the file is
This spreadsheet identifies all text messages located between Mr. Kalanick and Anthony Levandowski (or in some
instances, group chats in which the two are participants) after an extensive search and eyes-on-review of data from a
backup of Mr. Kalanicks mobile phone.
Please note that there are time and date stamps from 2005, 2006, 2011, and 2014 that are obviously
incorrect. However, we have included the time and date stamps here as they exist on the phone.
The texts themselves will be forthcoming.
All the best,

Betsy
Colleen (Betsy) Popken

Managing Associate
Orrick
San Francisco
T +1-415-773-5774
bpopken@orrick.com
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick, please visit http://www.orrick.com.
1
EXHIBIT 6
FILED UNDER SEAL
Travis Kalanick How's convo going? Sent 3/18/2016
Anthony Levandowski Read 3/18/2016
Anthony Levandowski This is going to be amazing, just need to prod him to enter Read 3/18/2016
the real world and test on real problems
Travis Kalanick On plane, spotty Internet Sent 3/18/2016
Anthony Levandowski No problem, I'll resend later if you want Read 3/18/2016
Travis Kalanick Agreed.. Sent 3/18/2016
Anthony Levandowski Internet, electricity, self driving cars and key things will Read 3/19/2016
always find a way
Anthony Levandowski Here's the speech you need to give ;-) Read 3/19/2016
http://youtu.be/VVxYOQS6ggk
Travis Kalanick http://arstechnica.com/gadgets/2016/03/dominos-pizza- Sent 3/19/2016
delivery-robot/
Travis Kalanick FYI, uber eats business is taking off Sent 3/19/2016
Travis Kalanick All access to source and data... Different missions that Sent 3/19/2016
contribute to whole
Travis Kalanick The way you keep China in check is showing up when they Sent 3/19/2016
ask every once in awhile
Anthony Levandowski Red cars, is epic... Like actually helping your political cred. Read 3/19/2016
Just don't have the tank avatar in the square or on the
anniversary
Anthony Levandowski Website preview http://ot.to password: Read 3/20/2016
Anthony Levandowski I think we're good, I am squeezing our attorneys like Read 3/21/2016
toothpaste too. Thanks for pushing it really is helping.
Anthony Levandowski Really happy we're doing the light approach. Can't wait to Read 3/26/2016
sync with Jeff/bam/John so we have a way they feel it's
complementary
Anthony Levandowski call anytime Read 3/26/2016
Anthony Levandowski Phone was totally broken Read 3/26/2016
Anthony Levandowski Almost like India Read 3/26/2016


... Welcome back, nothing urgent, call anytime
Anthony Levandowski Yeah, I'll ask if I can bring our new board member... Would Read 3/29/2016
be epic
Anthony Levandowski I am at the secret side door, no rush Read 3/29/2016
Anthony Levandowski Good chat, I sent a pic of the white board to Jeff so he's in Read 3/29/2016
the loop.
Anthony Levandowski No problem, just confirmed that they had access to Read 4/1/2016
Dropbox and that they got a dump of the files and they
linked their computer etc. Not sure what's the issue, but I'll
solve it. Thanks for the ping, I'll get them what they want
Anthony Levandowski Which would suck, I Humke e can get them from ATC Read 4/3/2016
Anthony Levandowski Ok will do Read 4/5/2016
Anthony Levandowski Basically I'd like the freedom to move as needed on the Read 4/6/2016
acquisition (and take advice/guidance) but if I can close
them within the range we agreed you guys are happy.
Anthony Levandowski Agreed Read 4/6/2016
Anthony Levandowski Thanks for understanding on the freedom to operate Read 4/6/2016
sounds like the language we should get back will work.
Anthony Levandowski I am walking around the block in case you walk out and Read 4/7/2016
don't see me there.
Anthony Levandowski That what I thought. Read 4/7/2016
Anthony Levandowski Yes, we should of done it. We did a bit on lasers before but Read 4/8/2016
need to go deep on all the topics.
Anthony Levandowski Ok Read 4/15/2016
Anthony Levandowski Just landed Read 4/16/2016
Anthony Levandowski Sums it up perfectly Read 4/16/2016
Anthony Levandowski Ok, no rush. Call anytime 24/7 Read 4/16/2016
Anthony Levandowski I get it. We need to focus on facts and winning plan, then Read 4/16/2016
have a check in on a) is it still the right plan and b) how are
we tracking w.r.t. The plan often
Anthony Levandowski Exactly my thoughts Read 4/16/2016
Anthony Levandowski The journalists don't know shit, you need to operate on Read 4/16/2016
reality not their perception, I know you know this but don't
let the bs cloud your judgment
Anthony Levandowski Has to have Read 4/16/2016
Anthony Levandowski Ok perfect I'll do that Read 4/17/2016
Anthony Levandowski We're in the back corner, the private room is closed Read 4/17/2016
Anthony Levandowski We're all set Read 4/17/2016

Good chat this evening, team is pumped. Here's the doc,
let me know if you want me to tone it down.
Anthony Levandowski Sunlight is the best disinfectant Read 4/18/2016
Anthony Levandowski http://gizmodo.com/beverly-hills-has-decided-to-build-an-on- Read 4/18/2016

demand-autonom-1771543564
Anthony Levandowski Come back when you're free, lots to discuss. No rush Read 4/20/2016
Anthony Levandowski Call me when ready Read 4/20/2016

Anthony Levandowski No news from bares.. I'll keep trying. Maybe he's not back Read 4/21/2016
yet
Anthony Levandowski I booked flight to Pittsburgh: Sunday red eye to Thursday Read 4/21/2016
return
Anthony Levandowski Bares chat scheduled for 5pm tomorrow... Read 4/21/2016
Anthony Levandowski Trying to dig in, likely city of Palo alto. Read 4/22/2016
Anthony Levandowski Just wrapped with the DMV, it was the city of Palo Alto Read 4/22/2016
freaking out about AV trucks testing and were asked to
investigate. The guys were happy with our answers and
were in the clear.
Anthony Levandowski On our way Read 4/22/2016
Anthony Levandowski No problem Read 4/22/2016
Anthony Levandowski Thank you for riding the Otto express... Had interesting Read 4/23/2016
chat with Bares this afternoon,
We can chat whenever you want, no rush
Anthony Levandowski Any update on whether we're Sunday red eye or later in the Read 4/23/2016
week flight?
Anthony Levandowski Ok, upgrade full but will ping him shortly Read 4/24/2016
Anthony Levandowski Good, Eric is part of the revolution! Read 4/24/2016
Anthony Levandowski Awesome Read 4/24/2016
Anthony Levandowski https://www.tensorflow.org/versions/r0.8/tutorials/mnist/begi Read 4/25/2016

nners/index.html has a good description
Anthony Levandowski K see you there shortly Read 4/26/2016
Anthony Levandowski Free ride? Read 4/26/2016
Anthony Levandowski Yo Read 4/27/2016

Anthony Levandowski Good, I am wrapping up with my peeps and about to jam Read 4/27/2016
with lasers
Anthony Levandowski - want to see driver training process and Read 4/27/2016
- I have a couple sample routes they can use with no
busway
Anthony Levandowski Interesting... He has finally awoken Read 4/30/2016
Anthony Levandowski Yes Read 5/1/2016
Anthony Levandowski Always Read 5/2/2016
Anthony Levandowski Yes that too Read 5/3/2016
Anthony Levandowski A couple things to run by you on Game Day options... And Read 5/5/2016
then this: http://www.wsj.com/articles/gm-lyft-to-test-self-
driving-electric-taxis-1462460094
Anthony Levandowski Just landed Read 5/5/2016
Anthony Levandowski Driving to SF to meet with Scott ATC laser guy and guide Read 5/5/2016
the team
Anthony Levandowski Collapse Read 5/6/2016
Anthony Levandowski https://youtu.be/bPXVGQnJm0w Read 5/6/2016
Anthony Levandowski Yes! Love it. If the driver and codriver were to switch and Read 5/6/2016
go faster then you switch... Great analogy and definitely not
what bares was doing.
Anthony Levandowski Can't talk now. Meet up later? Read 5/8/2016
Anthony Levandowski Should be free after 8/8:30 ish Read 5/8/2016
Anthony Levandowski I am at the side door is what I meant, happy to hang as Read 5/8/2016
long as you need
Anthony Levandowski Ok sounds great Read 5/9/2016
Anthony Levandowski Gems from today... Read 5/10/2016
Anthony Levandowski Good chat with Jeff but he's coming with more than just Read 5/10/2016
labeling help...
Anthony Levandowski Yes that would be super important Read 5/11/2016
Anthony Levandowski Enjoy chatting with Tim Read 5/11/2016
Anthony Levandowski He says hi back btw Read 5/11/2016
Anthony Levandowski I think we're good. But giving him a call won't hurt. Do it Read 5/14/2016
Anthony Levandowski Sneak peak... Read 5/16/2016
Anthony Levandowski l75anoym Read 5/16/2016
Anthony Levandowski Pretty weak quote if you ask me... Read 5/16/2016
Anthony Levandowski Thanks! Read 5/16/2016
Anthony Levandowski You should join us for the ride... Read 5/16/2016

Anthony Levandowski Call me when you can Read 5/17/2016
Anthony Levandowski It's good Read 5/18/2016
Anthony Levandowski I'm done with ATC meetings Read 5/18/2016
Anthony Levandowski Sherif is planning a big team... Read 5/18/2016
Anthony Levandowski This scares the shit out of me: Read 5/18/2016
http://www.cnet.com/roadshow/news/android-auto-waze/
Anthony Levandowski It's all good... Read 5/18/2016
Anthony Levandowski Go work it. I'll you when I land tomorrow Read 5/18/2016
Anthony Levandowski Back in SF... Read 5/19/2016
Anthony Levandowski JK loves to socialize too, just FYI Read 5/20/2016
Anthony Levandowski Sorry just missed your calls Read 5/21/2016
Anthony Levandowski Baller Read 5/24/2016
Anthony Levandowski Congrats! Read 5/24/2016
Anthony Levandowski https://youtu.be/sXls4cdEv7c Read 5/24/2016

Anthony Levandowski Ok, get sleep on the plane! Read 5/24/2016
Anthony Levandowski Ask him about waze and self driving cars Read 5/25/2016
Anthony Levandowski You should get a demo too Read 5/25/2016
Anthony Levandowski Thanks Read 5/26/2016
Anthony Levandowski Can do phone now, or in person when we get back from Read 5/27/2016
testing in 30-45min
Anthony Levandowski More like 10min Read 5/27/2016
Anthony Levandowski Likely is but let's see what he says Read 5/28/2016
Anthony Levandowski K, need to get sleep, got a triage meeting in 6hrs I need to Read 5/31/2016
be fresh for. Let's chat later
Anthony Levandowski Can I call you later? Read 6/1/2016
Anthony Levandowski Need 10more min Read 6/1/2016
Anthony Levandowski That too Read 6/1/2016
Anthony Levandowski Meant before Read 6/4/2016
Anthony Levandowski Ok cool Read 6/5/2016

Anthony Levandowski Here's the Mobileye rebuttal to dnn Read 6/5/2016

https://youtu.be/GCMXXXmxG-I
Anthony Levandowski I'll be up. There are too many Carthages to burn down Read 6/5/2016
Anthony Levandowski https://bgr.com/2016/06/06/tesla-model-x-parking-crash/ Read 6/6/2016
Anthony Levandowski Wow, at least now we know it's a zero sum game Read 6/13/2016
Anthony Levandowski Flight got cancelled due to weather Let's meet up Read 6/13/2016
tomorrow and go over ATC plan. I'll go out next week. Will
do VC this week.
Anthony Levandowski Almost have the outline of the ATC win doc Read 6/16/2016
Anthony Levandowski He not her Read 6/17/2016
Anthony Levandowski Can I have a chat with Austin from ops? Want to get going Read 6/20/2016
on getting her up to speed
Anthony Levandowski Connection got cancelled wasn't about to let the future slip Read 6/21/2016
another day.
Anthony Levandowski Thanks, I know Read 6/22/2016
Anthony Levandowski Red lines / comments Read 6/24/2016
Anthony Levandowski Sup? Sorry I missed your call. Read 7/1/2016

Anthony Levandowski Ping me when you're back... Hope flight was good Read 7/1/2016
Anthony Levandowski I got to do a couple things, can we chat after 1:30/2pm Read 7/2/2016
Anthony Levandowski No Read 7/3/2016
Anthony Levandowski Yup Read 7/3/2016
Anthony Levandowski http://www.bloomberg.com/news/articles/2016-06-29/how- Read 7/3/2016

amazon-triggered-a-robot-arms-race
Read this instead of us weekly... ;-)
Anthony Levandowski Ready whenever Read 7/10/2016
Anthony Levandowski I'll join! Thanks. I am not fully up to speed Read 7/11/2016
Anthony Levandowski Unintentional, lane change Read 7/11/2016
Anthony Levandowski How did it go with JK? Read 7/14/2016
Anthony Levandowski From Ramsey? Weird. Seems fast/fishy Read 7/15/2016
Anthony Levandowski Just got this! Lol Read 7/21/2016
Anthony Levandowski Chat now? Read 7/22/2016
Anthony Levandowski Pushing on some other reporters Read 7/22/2016
Anthony Levandowski Oh snap... Got wrapped up with Eng testing. Coming now, Read 7/22/2016
my bad
Anthony Levandowski http://www.autonews.com/article/20160721/OEM05/160729 Read 7/23/2016
955/musks-new-tesla-master-plan-comes-with-big-price-
tag?X-IgnoreUserAgent=1&X-IgnoreUserAgent=1
Anthony Levandowski Boston Read 7/23/2016
Anthony Levandowski I should be 12min early Read 7/25/2016
Anthony Levandowski Was thinking same thing Read 7/25/2016
4:43094 We need to show synergy between Otto and ATC, the why Read 7/25/2016
is missing
Anthony Levandowski We should of addressed that Read 7/25/2016
Anthony Levandowski Also how do we plan to roll out tech? Read 7/25/2016
Anthony Levandowski Yes, good news is he's getting a story of a lifetime, hope he Read 7/25/2016
doesn't play it as a google vs uber
Anthony Levandowski Ok perfect Read 7/25/2016
We should also have a undertone of scorched earth for
new entrants so the recruiting is easier
Anthony Levandowski I.e. If you're interested in this epic tech development you Read 7/25/2016
should join our side vs waste your time building something
from scratch
Anthony Levandowski No time set yet but talking to Jill shortly and will set date for Read 7/27/2016
next week
Anthony Levandowski Woot Read 7/31/2016
Anthony Levandowski This looks like our recruiter reaching out to folks on Curtis' Read 8/2/2016
team.
Anthony Levandowski Apparently it was unknown to our guy he was meeting Read 8/2/2016
Curtis
Anthony Levandowski Pst Read 8/5/2016
Anthony Levandowski Sorry missed this Read 8/6/2016
Anthony Levandowski Sent, I was a sleep Read 8/11/2016
Anthony Levandowski He's a funny one, for sure Read 8/11/2016
Anthony Levandowski Couple top paragraphs still need lots of tweaks. Read 8/11/2016
Anthony Levandowski Ok, I'll be silent Read 8/11/2016
Anthony Levandowski Thanks Read 8/11/2016
Anthony Levandowski I'll handle from here, thank you Read 8/12/2016
Anthony Levandowski Ok I'll stay away from the PR crew. Sgtm on other. Read 8/12/2016
Anthony Levandowski Super pumped here too. This is going to be epic and I'm Read 8/14/2016
ready to forge a victory with ATC and Otto
Anthony Levandowski Ok see you there Read 8/16/2016
Anthony Levandowski Ok see you in 5min Read 8/16/2016

Anthony Levandowski http://www.autonews.com/article/20160816/OEM06/160819 Read 8/16/2016

889/ford-to-double-silicon-valley-staff-makes-investment-in-
lidar?X-IgnoreUserAgent=1
Anthony Levandowski Read to go for a walk Read 8/16/2016
Anthony Levandowski Grabbing a bite will be back at 9 Read 8/16/2016
Anthony Levandowski 8:30 eta Read 8/17/2016
Anthony Levandowski I'm stuck in a traffic jam but happy to talk on phone ... Read 8/17/2016
Anthony Levandowski Yes, that's true Read 8/17/2016
Anthony Levandowski 6:30 at 737 Harrison Read 8/17/2016
Anthony Levandowski So you're prepared Read 8/17/2016
Anthony Levandowski I'm outside, see you in a bit Read 8/17/2016
Anthony Levandowski I'm 3min away, meet you in Boston? Read 8/18/2016
Anthony Levandowski 1.5hrs Read 8/18/2016
Anthony Levandowski Yes still chatting. Might make sense to stay. I'll make the Read 8/18/2016
call where we are at around 9pm
Anthony Levandowski perfect Read 8/18/2016
Anthony Levandowski We're at 8, could do 10-12 total over weekend. Read 8/18/2016
Anthony Levandowski Yes we're going over that. She brought up these issues and Read 8/19/2016
was ok. She sent me a congrats before we did the preso,
knowing we were doing the deal. There's something else I
am missing, trying to figure it out.
Anthony Levandowski Ok, she and I talking later and I will let you know if we need Read 8/19/2016
an intervention this weekend.
We have answered all questions and walked them through

everything. If they don't sign and are pumped then I don't
want them on our mission and will let them go.
Anthony Levandowski Ok night night Read 9/1/2016
Anthony Levandowski Did you get a chance to call brian Torcellini? Also you might Read 9/1/2016
enjoy this exchange... https://techcrunch.com/2016/09/01/a-
totally-real-conversation-between-elon-musk-and-mark-
zuckerberg-about-a-rocket/ ;-)
Anthony Levandowski Those 5 are excellent and at burning man Read 9/2/2016
Anthony Levandowski I got more too Read 9/2/2016
Anthony Levandowski I'm heading home, I'll be up for a couple hours if you have Read 9/2/2016
questions or need more hot leads.
https://youtu.be/Q4PE2hSqVnk
Anthony Levandowski I'm meeting with Nevada DMV will be back later Read 9/6/2016
Anthony Levandowski Going to crush it Read 9/6/2016
Anthony Levandowski Yo. What's your pm looking like? Read 9/6/2016
Anthony Levandowski No worries we're jamming Read 9/6/2016
Anthony Levandowski Time to start knocking heads down Read 9/7/2016
Anthony Levandowski Going over plan with paloalto peeps to accelerate Read 9/8/2016
Anthony Levandowski We're throwing darts right now and we need to have a Read 9/8/2016
focused effort

Anthony Levandowski Ok my bad, let me check Read 9/9/2016
Anthony Levandowski Sweet, too bad she's not going to come Read 9/10/2016
Anthony Levandowski https://itunes.apple.com/us/podcast/freakonomics- Read 9/10/2016

radio/id354668519?mt=2&i=375062859
Anthony Levandowski We'll see, I'll call/message you after Read 9/10/2016

http://mobile.nytimes.com/2016/09/11/technology/no-driver-
bring-it-on-how-pittsburgh-became-ubers-testing-
ground.html
Anthony Levandowski Yes let's do video Read 9/11/2016
Anthony Levandowski It's always better to divide and conquer Read 9/11/2016
Anthony Levandowski Yes, of course Read 9/11/2016
Anthony Levandowski Thanks! We're doing this shit today Read 9/12/2016
Anthony Levandowski Let's Push an hour Read 9/12/2016
Anthony Levandowski http://finance.yahoo.com/news/larry-page-reason-still-don- Read 9/12/2016

142925047.html
Anthony Levandowski Yo Read 9/12/2016
Anthony Levandowski http://www.businessinsider.com/george-hotz-techcrunch- Read 9/14/2016

disrupt-trashes-tesla-google-mobileye-zoox-2016-9
;-)
Anthony Levandowski Yeah awesome Read 9/14/2016
Anthony Levandowski http://tech.sina.com.cn/it/2016-09-14/doc- Read 9/14/2016

ifxvukhv8402791.shtml
Watch first 45seconds...
Tesla crash in January which implies Elon is lying about

millions of miles without incident. We should have LDP on
tesla just to catch all the crashes that are going on. Got this
from ford who's debating call him out on his shit.
Anthony Levandowski Best quote so far: Read 9/14/2016

http://www.chicagotribune.com/bluesky/technology/ct-
pittsburgh-driverless-cars-20160914-story.html "In some
ways, Uber's self-driving car works better than Google's.
Having now tested out both, I can say firsthand that Uber's
car is better at accelerating and braking like a real human
being."
Anthony Levandowski http://www.recode.net/2016/9/15/12921542/google-self- Read 9/15/2016
driving-startup-nuro
Anthony Levandowski We're going to take over the world Read 9/19/2016
Anthony Levandowski One robot at a time Read 9/19/2016
Anthony Levandowski Chance of me dying are 0% Read 9/19/2016
Anthony Levandowski Fo show, if I get under 101 for a couple hours, I'm bouncing Read 9/19/2016
out. Hospitals freak me out, all the crazy beeps and shit.
Anthony Levandowski Fever is gone, arguing with doc then heading home Read 9/19/2016
Anthony Levandowski My bad Read 9/20/2016

Anthony Levandowski That's the highest they saw in a while at the hospital too Read 9/20/2016
Anthony Levandowski Was resting... Read 9/21/2016
Anthony Levandowski Yo! I'm back at 80%, super pumped... we've got to start Read 9/22/2016
calling Elon on his shit. I'm not on social media but let's
start "faketesla" and start give physics lessons about stupid
shit Elon says like this:
"we do not anticipate using lidar. Just to make it clear, lidar

essentially is active photon generator in the visible
spectrum radar is active photon generation in essentially
the radio spectrum. But lidar doesnt penetrate intrusions
so it does not penetrate rain, fog, dust and snow, whereas
a radar does. Radar also bounces and lidar doesnt bounce
very well.
You cant do the look in front of the car in front of you

thing. So I think the obvious thing is to use radar and not
use lidar."
The photons stop acting like photons at 77Ghz we at least

need the geeks on our side and start calling the BS out.
Any objections?
Anthony Levandowski Let's sync up tomorrow pm... Read 9/27/2016

I'll ping Mayrose to get on your calendar
Anthony Levandowski Yo just landed, want to jam later tonight? Read 9/28/2016
Anthony Levandowski But can do both... Read 9/28/2016
Anthony Levandowski Ok perfect. I'll plan on 8pm start and late finish Read 9/28/2016
Anthony Levandowski 8:10 eta to 1455 market Read 9/29/2016
Anthony Levandowski Yes working on it! We should know soon Read 9/30/2016
Anthony Levandowski Someone brought this up to me after I asked what's the Read 10/3/2016
deal with Amit? What is he doing theses days
Anthony Levandowski Yo, I'm going to finish the birdhouse slides for tomorrow Read 10/6/2016
then go to bed. Are you free / interested in jamming
tomorrow evening?
Anthony Levandowski Let's do it Read 10/7/2016
Anthony Levandowski Ok coming Read 10/7/2016
Anthony Levandowski In boston conf Read 10/7/2016
Anthony Levandowski Ok let me see if I can get there early Read 10/9/2016
Anthony Levandowski On my way but will be 15min late Read 10/9/2016
Anthony Levandowski Ok be these shortly Read 10/9/2016
Anthony Levandowski https://electrek.co/2016/10/09/google-self-driving-chrysler- Read 10/9/2016

pacifica-minivans-first-prototypes-spotted/
Anthony Levandowski Done Read 10/11/2016
Anthony Levandowski Will do, thank you Read 10/12/2016
Anthony Levandowski Ok, we might be out of cell coverage testing... Read 10/18/2016
Anthony Levandowski I'll call when we're back Read 10/18/2016
Anthony Levandowski It's 10x better than anything else, lots to learn from here. Read 10/18/2016
They've been building this in stealth for last 5 years
Anthony Levandowski Unprompted Read 10/18/2016
Anthony Levandowski Just FYI Read 10/19/2016
Anthony Levandowski I'm still with the tesla guys and will try to get more info Read 10/19/2016
Anthony Levandowski Team is SUPERPUMPED Read 10/20/2016
Anthony Levandowski Last thought, Elon is going to make going to NSD not as Read 10/20/2016
big of a scary thing for the public... which should be good
Anthony Levandowski Tough crowd... Read 10/20/2016
Anthony Levandowski I'm shocked his stock is down Read 10/20/2016
Anthony Levandowski Well that was fast Read 10/20/2016
Anthony Levandowski I don't think so, but he can try. Read 10/20/2016
Anthony Levandowski Amen Read 10/20/2016
Anthony Levandowski For easy city Read 10/20/2016
Anthony Levandowski Elon does have shit Read 10/20/2016
Anthony Levandowski He's trippin' but might/will blame regulatory as to why it's Read 10/20/2016
not available
Anthony Levandowski 2x human safety Read 10/20/2016
Anthony Levandowski Looks like we'll know what it's like soon Read 10/20/2016
Anthony Levandowski Just gave a demo to and he left with a shit eating Read 10/28/2016
grin... ;-)
Anthony Levandowski Gangster Read 11/2/2016
Anthony Levandowski I'm taking my last red eye tonight Read 11/6/2016
Anthony Levandowski Free this afternoon Read 11/6/2016
Anthony Levandowski It was already booked and there's a ton to get done... Read 11/6/2016
Anthony Levandowski Need to sort out Claire Read 11/6/2016
Anthony Levandowski We're talking now and trying to get her to start on GS Read 11/6/2016
Anthony Levandowski Can I call you in 30-40min Read 11/6/2016
Anthony Levandowski Talking to drew will need to call you later Read 11/6/2016
Anthony Levandowski Ok cool Read 11/6/2016
Anthony Levandowski He's a bit of a randomized guy. Very professorial, and he's Read 11/6/2016
on my "I'm not sure what you're building" list.
Anthony Levandowski He's a very well respected robotics professor Read 11/6/2016
Anthony Levandowski I'm speechless Read 11/16/2016
Anthony Levandowski This guy is so random. I'm glad we're charging from the Read 11/18/2016
start in SF
Anthony Levandowski 2min Read 12/4/2016
Anthony Levandowski I can chat, just give me a min Read 12/4/2016
Anthony Levandowski Sorry Read 12/4/2016
Anthony Levandowski I know, I'll keep looking Read 12/4/2016

I also seem to remember he might not of been a 4-4 either
Anthony Levandowski My bad Read 12/5/2016
Anthony Levandowski Awesome Read 12/5/2016
Anthony Levandowski Happy to talk anytime and will be back in SF Thursday Read 12/5/2016
Anthony Levandowski I have to be back in SF tomorrow Read 12/7/2016
Anthony Levandowski Is Travis staying through Thursday? Read 12/7/2016
Anthony Levandowski Telegram not working on plane btw Read 12/8/2016

Anthony Levandowski You should have the latest plan to plan doc and my here's Read 12/8/2016
what where fixing + what's good and what needs work
email.
Anthony Levandowski David meet Travis, you two should chat. Read 12/16/2016
Anthony Levandowski Quick update on that special intersection in SF, we taped 6 Read 12/19/2016
red car violations within 2 hours
EXHIBIT 8
FILED UNDER SEAL
EXHIBIT 9
FILED UNDER SEAL
EXHIBIT 10
FILED UNDER SEAL
EXHIBIT 11
FILED UNDER SEAL

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Case 3:17-cv-00939-WHA Document 1169 Filed 08/11/17 Page 1 of 4

1 MICHAEL A. JACOBS (CA SBN 111664)

8 KAREN L. DUNN (Pro Hac Vice)

13 Attorneys for Defendants

15 UNITED STATES DISTRICT COURT

YANG DECLARATION ISO WAYMOS ADMINISTRATIVE MOTION TO FILE UNDER SEAL

1 I, Michelle Yang, declare as follows:

6 Messages (Dkt. 1117).

8 identified below merit sealing:

17 3. The red-marked boxes on page 1 of Waymos Motion contain information

19 4. The red-marked boxes on page 2 of Waymos Motion contain information

21 to not be used as evidence or be made public in this litigation.

28 this market, such that Ubers competitive standing could be harmed.

YANG DECLARATION ISO WAYMOS ADMINISTRATIVE MOTION TO FILE UNDER SEAL

1 6. The red-marked boxes of Exhibit 2 contain highly confidential information

6 offers. Ubers competitive standing could be harmed.

7 7. The red-marked boxes of Exhibits 5 and 6 contain highly confidential information

11 prioritization of strategic business goals, estimates of various technical and commercialization

13 confidentiality is strictly maintained. If any of this information were disclosed, Defendants

19 standing could be seriously harmed by the disclosure of this information.

26 Defendants request that the Court grant sealing of this material.

27 9. In addition, the red-marked boxes of Exhibits 5, 6, 8, 9, 10, and 11 contain

YANG DECLARATION ISO WAYMOS ADMINISTRATIVE MOTION TO FILE UNDER SEAL

5 10. Defendants request to seal is narrowly tailored to those portions of Plaintiffs

6 Motion and supporting exhibits that merit sealing.

18 Dated: August 11, 2017 /s/ Arturo J. Gonzlez

YANG DECLARATION ISO WAYMOS ADMINISTRATIVE MOTION TO FILE UNDER SEAL

Magistrate Judge Jacqueline Scott Corley

Dear Magistrate Judge Corley:

UNREDACTED VERSION OF DOCUMENT SOUGHT TO BE FILED UNDER SEAL

From: Andrea P Roberts

John and Counsel,

3500 Withheld Documents

Requests for Production

Ubers Response to Expedited RFP 5

Ubers Response to Expedited RFP 8

Ubers Response to Expedited Interrogatory No. 1

Ubers Response to Expedited Interrogatory No. 3

Ubers Response to Expedited Interrogatory No. 4

Ubers Responses to Expedited Interrogatory Nos. 5, 8, and 9

Texts Between Levandowski and Travis Kalanick

Max Levandowski Deposition

We will address this in separate correspondence.

Waymos Expedited RFP 13

Uber responded that it does not have objections to this request.

Otto Trucking Privilege Logs

Status of Otto Truckings Expedited Document Productions

Otto Trucking Responses to Expedited RFPs and Interrogatories

Andrea Pallios Roberts

555 Twin Dolphin Drive, 5th Floor

From: Popken, Betsy (Colleen) <bpopken@orrick.com>

The texts themselves will be forthcoming.

All the best,

Colleen (Betsy) Popken

For more information about Orrick, please visit http://www.orrick.com.

Travis Kalanick How's convo going? Sent 3/18/2016

Anthony Levandowski Read 3/18/2016

Travis Kalanick Agreed.. Sent 3/18/2016

Anthony Levandowski Phone was totally broken Read 3/26/2016

Anthony Levandowski Almost like India Read 3/26/2016

Anthony Levandowski Read 3/28/2016

Anthony Levandowski Read 3/29/2016

Anthony Levandowski Read 3/29/2016