Page 1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
WALMART INC. (f/k/a WAL-MART STORES,
INC.),
Plaintiff,
- against TESLA ENERGY OPERATIONS, INC. (f/k/a
SOLARCITY CORPORATION),
Defendants.
Index No. 654765/2019
Hon. Melissa Crane
IAS Part 15
STIPULATION TO EXTEND
DEADLINES SET FORTH IN
ORDER TO SHOW CAUSE
AND TEMPORARY
RESTRAINING ORDER
PERMITTING PLAINTIFF
TO FILE CONFIDENTIAL
DOCUMENTS UNDER SEAL
OR WITH REDACTIONS
WHEREAS, Plaintiff Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (“Walmart”)
and Defendant Tesla Energy Operations, Inc. (f/k/a SolarCity Corporation) (“Tesla”)
jointly seek a further short extension of time with respect to the sealing-related deadlines
set by this Court’s August 21, 2019 Order to Show Cause (the “Order”); and
WHEREAS, for the reasons set forth in Tesla’s unopposed extension request
dated September 9, 2019 (the “Unopposed Request”), and granted that same day by the
Court, the parties continue to believe that it would facilitate their discussions and serve
judicial economy if the deadlines set forth in the Order were adjourned; and
WHEREAS, among the other points noted in Tesla’s Unopposed Request, the
parties have jointly stated publicly, “We look forward to addressing all issues and reenergizing Tesla solar installations at Walmart stores, once all parties are certain that all
concerns have been addressed.” (Unopposed Request at 2); andPage 2 WHEREAS, this is the parties’ second request for adjournment of the Order’s
deadlines following Tesla’s Unopposed Request dated September 9, 2019;
IT IS HEREBY STIPULATED AND AGREED between Plaintiff Walmart Inc.
and Defendant Tesla Energy Operations, Inc. that the deadlines set forth in the Order be
adjourned as follows: (1) Walmart’s supplemental submission now to be due October 8,; (2) Tesla’s response, if any, now to be due by October 10, 2019, and (3) a hearing
to be held at the Court’s earliest convenience.
IT IS FURTHER STIPULATED THAT an electronic signature on this
stipulation will be deemed to be an original and the stipulation may be signed in
counterparts, which together constitute one instrument.
(Continued on next page.) Page 3 Dated: New York, New York
September 24, 2019
By: /s/ Paul S. Mishkin
Paul S. Mishkin, Esq.
Davis Polk & Wardwell LLP Lexington Avenue
New York, New York 10017
(212) 450-4292
paul.mishkin@davispolk.com
Attorneys for Plaintiff Walmart Inc.
By: /s/ David Shapiro
David Shapiro, Esq.
The Norton Law Firm PC Third Street, Suite 106
Oakland, CA 94607
(510) 906-4906
dshapiro@nortonlaw.com
Attorneys for Tesla Energy Operations, Inc.
SO ORDERED ___________________________ J.S.C.
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PlainSite Cover Page
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
WALMART INC. (f/k/a WAL-MART STORES,
INC.),
Plaintiff,
- against TESLA ENERGY OPERATIONS, INC. (f/k/a
SOLARCITY CORPORATION),
Defendants.
Index No. 654765/2019
Hon. Melissa Crane
IAS Part 15
STIPULATION TO EXTEND
DEADLINES SET FORTH IN
ORDER TO SHOW CAUSE
AND TEMPORARY
RESTRAINING ORDER
PERMITTING PLAINTIFF
TO FILE CONFIDENTIAL
DOCUMENTS UNDER SEAL
OR WITH REDACTIONS
WHEREAS, Plaintiff Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (“Walmart”)
and Defendant Tesla Energy Operations, Inc. (f/k/a SolarCity Corporation) (“Tesla”)
jointly seek a further short extension of time with respect to the sealing-related deadlines
set by this Court’s August 21, 2019 Order to Show Cause (the “Order”); and
WHEREAS, for the reasons set forth in Tesla’s unopposed extension request
dated September 9, 2019 (the “Unopposed Request”), and granted that same day by the
Court, the parties continue to believe that it would facilitate their discussions and serve
judicial economy if the deadlines set forth in the Order were adjourned; and
WHEREAS, among the other points noted in Tesla’s Unopposed Request, the
parties have jointly stated publicly, “We look forward to addressing all issues and reenergizing Tesla solar installations at Walmart stores, once all parties are certain that all
concerns have been addressed.” (Unopposed Request at 2); and
PDF Page 3
WHEREAS, this is the parties’ second request for adjournment of the Order’s
deadlines following Tesla’s Unopposed Request dated September 9, 2019;
IT IS HEREBY STIPULATED AND AGREED between Plaintiff Walmart Inc.
and Defendant Tesla Energy Operations, Inc. that the deadlines set forth in the Order be
adjourned as follows: (1) Walmart’s supplemental submission now to be due October 8,
2019; (2) Tesla’s response, if any, now to be due by October 10, 2019, and (3) a hearing
to be held at the Court’s earliest convenience.
IT IS FURTHER STIPULATED THAT an electronic signature on this
stipulation will be deemed to be an original and the stipulation may be signed in
counterparts, which together constitute one instrument.
(Continued on next page.)
2
PDF Page 4
Dated: New York, New York
September 24, 2019
By: /s/ Paul S. Mishkin
Paul S. Mishkin, Esq.
Davis Polk & Wardwell LLP
450 Lexington Avenue
New York, New York 10017
(212) 450-4292
paul.mishkin@davispolk.com
Attorneys for Plaintiff Walmart Inc.
By: /s/ David Shapiro
David Shapiro, Esq.
The Norton Law Firm PC
299 Third Street, Suite 106
Oakland, CA 94607
(510) 906-4906
dshapiro@nortonlaw.com
Attorneys for Tesla Energy Operations, Inc.
SO ORDERED ___________________________ J.S.C.
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