Page 1 At IAS Part ____ of the Supreme Court of
the State of New York, held in and for the
County of New York, at the Courthouse
thereof, 60 Centre Street, New York, New
York, on the ____ day of August 2019.
HONORABLE _______________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
WALMART INC. (f/k/a WAL-MART STORES,
INC.),
Plaintiff,
- against TESLA ENERGY OPERATIONS, INC. (f/k/a
SOLARCITY CORPORATION),
Defendant.
Index No.: ___________/2019
ORDER TO SHOW CAUSE AND
TEMPORARY RESTRAINING
ORDER PERMITTING PLAINTIFF
TO FILE CONFIDENTIAL
DOCUMENTS UNDER SEAL OR
WITH REDACTIONS
Upon the accompanying Summons and Complaint, both dated August 20, 2019, and the
exhibits thereto, filed by Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (“Plaintiff”), and the
annexed Emergency Affirmation of James P. Rouhandeh (the “Rouhandeh Affirmation”),
dated August 20, 2019, and the exhibit thereto, it is hereby
ORDERED that Defendant Tesla Energy Operations, Inc. (f/k/a SolarCity Corporation)
(“Defendant”) show cause before this Court at a Commercial Division IAS Part ___, to be held
in and for the County of New York in Room ___, of the Courthouse at 60 Centre Street, New
York, New York, on the ____ day of _____________, 2019, at _____ __.m., or as soon
thereafter as counsel can be heard, why an order should not be entered:. Pursuant to Section 216.1 of the Uniform Civil Rules, (a) permitting Plaintiff
to file UNDER SEAL Exhibits 1 through 244 to Plaintiff’s Complaint;Page 2 (b) permitting Plaintiff’s redacted version of the Complaint to remain redacted
along with redacted versions of Exhibits 245, 248, 249, and 250; and
(c) limiting access to an unredacted version of Plaintiff’s Complaint and all of
its Exhibits to the parties, their respective attorneys, and court personnel; and.
Granting such other and further relief that the Court deems just and proper,
and it is further
ORDERED that, pending the hearing of this motion, Plaintiff may file UNDER SEAL an
unredacted version of its Complaint and its Exhibits via the NYSCEF website and access to the
unredacted Complaint and its Exhibits shall be limited to the Court, Court personnel, attorneys of
record, and the parties to this action; and it is further
ORDERED that, service of a copy of this Order and papers upon which it is based may
be made on Defendant’s attorney, Fred Norton, at The Norton Law Firm PC, 299 Third Street,
Suite 106, Oakland, California 94607, by email to fnorton@nortonlaw.com and by overnight
courier on or before the _____ day of ____________________, 2019; and it is further
ORDERED that answering affidavits or other opposition papers, if any, shall be served
via overnight courier or the NYSCEF site on the attorneys for Plaintiff on or before the _____
day of ____________________, 2019 and that reply papers, if any, shall be served via overnight
courier or the NYSCEF site on Defendants’ counsel by the _____ day of
____________________, 2019.
ENTERED:
____________________________________
J.S.C.
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PlainSite Cover Page
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At IAS Part ____ of the Supreme Court of
the State of New York, held in and for the
County of New York, at the Courthouse
thereof, 60 Centre Street, New York, New
York, on the ____ day of August 2019.
HONORABLE _______________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
WALMART INC. (f/k/a WAL-MART STORES,
INC.),
Plaintiff,
- against TESLA ENERGY OPERATIONS, INC. (f/k/a
SOLARCITY CORPORATION),
Defendant.
Index No.: ___________/2019
ORDER TO SHOW CAUSE AND
TEMPORARY RESTRAINING
ORDER PERMITTING PLAINTIFF
TO FILE CONFIDENTIAL
DOCUMENTS UNDER SEAL OR
WITH REDACTIONS
Upon the accompanying Summons and Complaint, both dated August 20, 2019, and the
exhibits thereto, filed by Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (“Plaintiff”), and the
annexed Emergency Affirmation of James P. Rouhandeh (the “Rouhandeh Affirmation”),
dated August 20, 2019, and the exhibit thereto, it is hereby
ORDERED that Defendant Tesla Energy Operations, Inc. (f/k/a SolarCity Corporation)
(“Defendant”) show cause before this Court at a Commercial Division IAS Part ___, to be held
in and for the County of New York in Room ___, of the Courthouse at 60 Centre Street, New
York, New York, on the ____ day of _____________, 2019, at _____ __.m., or as soon
thereafter as counsel can be heard, why an order should not be entered:
1. Pursuant to Section 216.1 of the Uniform Civil Rules, (a) permitting Plaintiff
to file UNDER SEAL Exhibits 1 through 244 to Plaintiff’s Complaint;
PDF Page 3
(b) permitting Plaintiff’s redacted version of the Complaint to remain redacted
along with redacted versions of Exhibits 245, 248, 249, and 250; and
(c) limiting access to an unredacted version of Plaintiff’s Complaint and all of
its Exhibits to the parties, their respective attorneys, and court personnel; and
2.
Granting such other and further relief that the Court deems just and proper,
and it is further
ORDERED that, pending the hearing of this motion, Plaintiff may file UNDER SEAL an
unredacted version of its Complaint and its Exhibits via the NYSCEF website and access to the
unredacted Complaint and its Exhibits shall be limited to the Court, Court personnel, attorneys of
record, and the parties to this action; and it is further
ORDERED that, service of a copy of this Order and papers upon which it is based may
be made on Defendant’s attorney, Fred Norton, at The Norton Law Firm PC, 299 Third Street,
Suite 106, Oakland, California 94607, by email to fnorton@nortonlaw.com and by overnight
courier on or before the _____ day of ____________________, 2019; and it is further
ORDERED that answering affidavits or other opposition papers, if any, shall be served
via overnight courier or the NYSCEF site on the attorneys for Plaintiff on or before the _____
day of ____________________, 2019 and that reply papers, if any, shall be served via overnight
courier or the NYSCEF site on Defendants’ counsel by the _____ day of
____________________, 2019.
ENTERED:
____________________________________
J.S.C.
2
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