Page 1 INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 09/09/2019 02:34 PM
NYSCEF DOC. NO. 71
RECEIVED NYSCEF: 09/09/2019
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.: 654765/2019
AFFIRMATION OF DAVID W.
SHAPIRO IN SUPPORT OF
UNOPPOSED REQUEST
EXTENDING DEADLINES SET
FORTH IN ORDER TO SHOW
CAUSE AND TEMPORARY
RESTRAINING ORDER
PERMITTING PLAINTIFF TO FILE
CONFIDENTIAL DOCUMENTS
UNDER SEAL OR WITH
REDACTIONS
DAVID W. SHAPIRO affirms pursuant to CPLR 2106:.
I am an attorney admitted to practice in the State of New York and a member of
the firm of The Norton Law Firm PC, counsel for Defendant Tesla Energy Operations, Inc.
(F/K/A
SolarCity Corporation) (“Defendant” or “Tesla”). I submit this Affirmation in support of
Defendant’s Unopposed Request Extending Deadlines Set Forth in Order to Show Cause and
Temporary Restraining Order Permitting Plaintiff to File Confidential Documents Under Seal
or With Redactions..
Plaintiff Walmart Inc. (“Plaintiff” or “Walmart”)’s claims against Tesla involve
similar, but not identical, contracts between Walmart and Tesla, each of which requires the
parties to keep the contract’s terms confidential. Walmart describes these contracts in, and has
annexed them to, its complaint. To comply with the contracts’ confidentiality terms, on August, 2019, Walmart moved this Court for an Order to Show Cause permitting Walmart to file
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FILED: NEW YORK COUNTY CLERK 09/09/2019 02:34 PM
NYSCEF DOC. NO. 71
RECEIVED NYSCEF: 09/09/2019
these confidential documents under seal or with redactions..
This Court issued its Order to Show Cause on August 21, 2019, which requires
Walmart to file a supplemental submission by September 10, 2019 and Tesla to submit any
response by September 12, 2019, and sets a hearing date of September 19, 2019..
Since both parties are subject to the 244 contracts’ confidentiality requirements,
Tesla must independently review and analyze each contract to determine which terms should be
filed under seal or redacted. Tesla is optimistic that, with adequate time to review and analyze
the 244 contracts and to discuss confidentiality concerns with Walmart, the parties may be able
to agree on which provisions qualify for protection. To that end, Tesla is working to coordinate
its contract review with Walmart. Further, on August 22, 2019, the parties jointly stated, “We
look forward to addressing all issues and re-energizing Tesla solar installations at Walmart
stores, once all parties are certain that all concerns have been addressed.” However, since
hundreds of contracts are involved, Tesla believes it will need more time to conduct its review
and coordinate with Walmart..
Accordingly, Tesla seeks the following extensions of time: (1) Walmart to file its
supplemental submission by September 24, 2019; (2) Tesla to file its response, if any, by
September 26, 2019; and (3) the hearing to be held on or after October 4, 2019..
Tesla has notified Walmart of its intent to seek these extensions. Walmart has
indicated it does not oppose the extensions. There has been no prior request to this Court or any
other judge for the relief requested herein.
Dated: Oakland, California
September 9, 2019
/s/ David W. Shapiro
David W. Shapiro
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INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 09/09/2019 02:34 PM
NYSCEF DOC. NO. 71
RECEIVED NYSCEF: 09/09/2019
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.: 654765/2019
AFFIRMATION OF DAVID W.
SHAPIRO IN SUPPORT OF
UNOPPOSED REQUEST
EXTENDING DEADLINES SET
FORTH IN ORDER TO SHOW
CAUSE AND TEMPORARY
RESTRAINING ORDER
PERMITTING PLAINTIFF TO FILE
CONFIDENTIAL DOCUMENTS
UNDER SEAL OR WITH
REDACTIONS
DAVID W. SHAPIRO affirms pursuant to CPLR 2106:
1.
I am an attorney admitted to practice in the State of New York and a member of
the firm of The Norton Law Firm PC, counsel for Defendant Tesla Energy Operations, Inc.
(F/K/A
SolarCity Corporation) (“Defendant” or “Tesla”). I submit this Affirmation in support of
Defendant’s Unopposed Request Extending Deadlines Set Forth in Order to Show Cause and
Temporary Restraining Order Permitting Plaintiff to File Confidential Documents Under Seal
or With Redactions.
2.
Plaintiff Walmart Inc. (“Plaintiff” or “Walmart”)’s claims against Tesla involve
244 similar, but not identical, contracts between Walmart and Tesla, each of which requires the
parties to keep the contract’s terms confidential. Walmart describes these contracts in, and has
annexed them to, its complaint. To comply with the contracts’ confidentiality terms, on August
20, 2019, Walmart moved this Court for an Order to Show Cause permitting Walmart to file
1
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PDF Page 3
INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 09/09/2019 02:34 PM
NYSCEF DOC. NO. 71
RECEIVED NYSCEF: 09/09/2019
these confidential documents under seal or with redactions.
3.
This Court issued its Order to Show Cause on August 21, 2019, which requires
Walmart to file a supplemental submission by September 10, 2019 and Tesla to submit any
response by September 12, 2019, and sets a hearing date of September 19, 2019.
4.
Since both parties are subject to the 244 contracts’ confidentiality requirements,
Tesla must independently review and analyze each contract to determine which terms should be
filed under seal or redacted. Tesla is optimistic that, with adequate time to review and analyze
the 244 contracts and to discuss confidentiality concerns with Walmart, the parties may be able
to agree on which provisions qualify for protection. To that end, Tesla is working to coordinate
its contract review with Walmart. Further, on August 22, 2019, the parties jointly stated, “We
look forward to addressing all issues and re-energizing Tesla solar installations at Walmart
stores, once all parties are certain that all concerns have been addressed.” However, since
hundreds of contracts are involved, Tesla believes it will need more time to conduct its review
and coordinate with Walmart.
5.
Accordingly, Tesla seeks the following extensions of time: (1) Walmart to file its
supplemental submission by September 24, 2019; (2) Tesla to file its response, if any, by
September 26, 2019; and (3) the hearing to be held on or after October 4, 2019.
6.
Tesla has notified Walmart of its intent to seek these extensions. Walmart has
indicated it does not oppose the extensions. There has been no prior request to this Court or any
other judge for the relief requested herein.
Dated: Oakland, California
September 9, 2019
/s/ David W. Shapiro
David W. Shapiro
2
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