Order Taking Off Calendar Defendants' Motion To Seal Portions Of Lars Muehlfelder Deposition Transcript And Sealing Exhibit 12 To Declaration Of Jeremy Cloyd In Support Of Motion To Compel Filed August 1, 2025 (see Scanned Order For Details)
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FILED
San Francisco County Superior Court
SEP 23 2025
CER
BY:
UU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO GREGORY SHNEYER, ET AL, Case No. CGC-23-605454 Plaintiffs, ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL v. . PORTIONS OF LARS MUEHLFELDER DEPOSITION TRANSCRIPT AND VOLKSWAGEN GROUP OF AMERICA, SEALING EXHIBIT 12 TO INC., ET AL, DECKLARATION OF JEREMY CLOYD IN SUPPORT OF MOTION TO COMPEL Defendants. FILED AUGUST 1, 2025
Defendants Volkswagen Group of America, Inc. and DGDG 5, LLCâs Motion to Seal Portions of Lars Muehlfelder Deposition Transcript is OFF CALENDAR. Additionally, on its own motion, the court orders sealed Exhibit 12 to Declaration of Jeremy Cloyd in Support of Motion to Compel, filed August 1, 2025. .
What appeared true from the courts review of the papers was made apparent at the
hearing on the motion: the instant motion to seal was unnecessary. Defendants seek under t .
ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL PORTIONS OF LARS MUEHLFELDER DEPOSITION TRANSCRIPT AND SEALING EXHIBIT 12 TO DECELARATION OF JEREMY CLOYD IN SUPPORT OF MOTION TO COMPEL FILED AUGUST 1, 2025 1
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California Rules of Court, rules 2.550 and 2.551 to seal portions of a transcript submitted in support of a discovery motion. Rules 2.550 and 25 51 do not apply to discovery motions or records filed or lodged in connection with discovery motions or proceedings. (See Cal. Rules of Ct., rule 2.5 51(a)(3).) The portions of the transcript submitted in support of a discovery motion are confidential under the protective order in place in this case. Thus, the materials in support of the discovery motion may be filed under seal without compliance with Rules 2.550 and 2.551 without prior court order, especially where, as here, the relevant material is covered by a protective order. Accordingly, this motion is unnecessary and, on that basis, ordered off calendar.
Plaintiffs contend the underlying motion is also âevidentiary.â The underlying motion is a discovery motion. Of course, the motion (like most discovery motions) may have evidentiary . consequences, but it remains a discovery motion,
Plaintiffs contend, as well, even if Rules 2.550 and 2.551 donât apply, Defendants may still have to make a showing to justify sealing in connection with a discovery motion and they have not done so. Plaintiffs have not identifiedâand the court is unaware ofâany authority so providing. The portions of the transcript submitted in support of a discovery motion are confidential under the courtâs protective order and they are properly submitted under seal for purposes of the discovery motion.
Additionally, on its own motion, the court orders sealed Exhibit 12 to Declaration of Jeremy Cloyd in Support of Motion to Compel, filed August 1, 2025. Pursuant to the protective order, the portions of the transcript submitted in support of a discovery motion should have been filed under seal, not conditionally under seal. They would have remained under seal pursuant to
the protective order unless or until the court ordered them unsealed. To avoid further
ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL PORTIONS OF LARS MUEHLFELDER DEPOSITION TRANSCRIPT AND SEALING EXHIBIT 12 TO DECELARATION OF JEREMY CLOYD IN SUPPORT OF MOTION TO COMPEL FILED AUGUST 1, 2025 2
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proceedings on the issue and to avoid a violation of the courtâs protective order, the court, on its own motion, orders Exhibit 12 to the Declaration of Jeremy Cloyd in Support of Motion to Compel, filed August 1, 2025, sealed. Plaintiffs, who submitted the declaration and exhibit must ensure that proper redacted and unredacted copies are filed and that the court has courtesy copies of both.
IT IS SO ORDERED.
Dated: ew $23 Co2sâ (ep ae
onorable Joseph M. Quinn udge of the Superior Court
' ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL PORTIONS OF LARS MUEHLFELDER DEPOSITION TRANSCRIPT AND SEALING EXHIBIT 12 TO DECELARATION OF JEREMY CLOYD IN SUPPORT OF MOTION TO COMPEL FILED AUGUST 1, 2025 3
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+ âAMERICA, INC. ET AL -
~~ JEREMY CLOYD
~ CGC-23-605454° GREGORY SHNEYER ET AL VS." KSWAGEN GROUP.OF
- Service. mail box located at 400 McAllister Street, San Francisco CA 94102-45 14 pursuant to standard court practice. .
Date: September 23, 2025 sys) MARIA BENIGNA GOODMAN ALTAIRLAWLLP |.
465 CALIFORNIA STREETâ.
FIFTH FLOOR
SAN FRANCISCO, CA 94104
~ BORIS B. EFRONâ
LAW OFFICES OF BORIS E, EFRON. a, .
130 PORTOLA ROAD.â 2. Oo ay PORTOLA VALLEY, CA 94028 . SUSAN M. BENSON âBENSON LEGAL, APC _, 8550 BALBOA BOULEVARD, STE 290 | _ NORTHRIDGE, CA 91325:
oo SAN FRANCISCO, GA 94105 JIMMY Y. PARK CRAIG WINTERMAN.
. SHOOK, HARDY & BACON.L.LP. .
2121. A'VENUE OF THE STARS
SUITE 1400. . .
LOS ANGELES, CA 90067
Certificate of Serviceâ - . Form'C00005010
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FILED
San Francisco County Superior Court
SEP 23 2025
CER
BY:
UU Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
GREGORY SHNEYER, ET AL, Case No. CGC-23-605454
Plaintiffs, ORDER TAKING OFF CALENDAR
DEFENDANTSâ MOTION TO SEAL
v. . PORTIONS OF LARS MUEHLFELDER
DEPOSITION TRANSCRIPT AND
VOLKSWAGEN GROUP OF AMERICA, SEALING EXHIBIT 12 TO
INC., ET AL, DECKLARATION OF JEREMY CLOYD
IN SUPPORT OF MOTION TO COMPEL
Defendants. FILED AUGUST 1, 2025
Defendants Volkswagen Group of America, Inc. and DGDG 5, LLCâs Motion to Seal
Portions of Lars Muehlfelder Deposition Transcript is OFF CALENDAR. Additionally, on its
own motion, the court orders sealed Exhibit 12 to Declaration of Jeremy Cloyd in Support of
Motion to Compel, filed August 1, 2025. .
What appeared true from the courts review of the papers was made apparent at the
hearing on the motion: the instant motion to seal was unnecessary. Defendants seek under
t .
ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL PORTIONS OF LARS MUEHLFELDER
DEPOSITION TRANSCRIPT AND SEALING EXHIBIT 12 TO DECELARATION OF JEREMY CLOYD IN SUPPORT OF
MOTION TO COMPEL FILED AUGUST 1, 2025 1
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California Rules of Court, rules 2.550 and 2.551 to seal portions of a transcript submitted in
support of a discovery motion. Rules 2.550 and 25 51 do not apply to discovery motions or
records filed or lodged in connection with discovery motions or proceedings. (See Cal. Rules of
Ct., rule 2.5 51(a)(3).) The portions of the transcript submitted in support of a discovery motion
are confidential under the protective order in place in this case. Thus, the materials in support of
the discovery motion may be filed under seal without compliance with Rules 2.550 and 2.551
without prior court order, especially where, as here, the relevant material is covered by a
protective order. Accordingly, this motion is unnecessary and, on that basis, ordered off
calendar.
Plaintiffs contend the underlying motion is also âevidentiary.â The underlying motion is
a discovery motion. Of course, the motion (like most discovery motions) may have evidentiary .
consequences, but it remains a discovery motion,
Plaintiffs contend, as well, even if Rules 2.550 and 2.551 donât apply, Defendants may
still have to make a showing to justify sealing in connection with a discovery motion and they
have not done so. Plaintiffs have not identifiedâand the court is unaware ofâany authority so
providing. The portions of the transcript submitted in support of a discovery motion are
confidential under the courtâs protective order and they are properly submitted under seal for
purposes of the discovery motion.
Additionally, on its own motion, the court orders sealed Exhibit 12 to Declaration of
Jeremy Cloyd in Support of Motion to Compel, filed August 1, 2025. Pursuant to the protective
order, the portions of the transcript submitted in support of a discovery motion should have been
filed under seal, not conditionally under seal. They would have remained under seal pursuant to
the protective order unless or until the court ordered them unsealed. To avoid further
ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL PORTIONS OF LARS MUEHLFELDER
DEPOSITION TRANSCRIPT AND SEALING EXHIBIT 12 TO DECELARATION OF JEREMY CLOYD IN SUPPORT OF
MOTION TO COMPEL FILED AUGUST 1, 2025 2
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proceedings on the issue and to avoid a violation of the courtâs protective order, the court, on its
own motion, orders Exhibit 12 to the Declaration of Jeremy Cloyd in Support of Motion to
Compel, filed August 1, 2025, sealed. Plaintiffs, who submitted the declaration and exhibit must
ensure that proper redacted and unredacted copies are filed and that the court has courtesy copies
of both.
IT IS SO ORDERED.
Dated: ew $23 Co2sâ (ep ae
onorable Joseph M. Quinn
udge of the Superior Court
' ORDER TAKING OFF CALENDAR DEFENDANTSâ MOTION TO SEAL PORTIONS OF LARS MUEHLFELDER
DEPOSITION TRANSCRIPT AND SEALING EXHIBIT 12 TO DECELARATION OF JEREMY CLOYD IN SUPPORT OF
MOTION TO COMPEL FILED AUGUST 1, 2025 3
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