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
DEFENDANTS’ 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, LLC’s 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 DEFENDANTS’ 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 1Page 2 10
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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 “evidentiary.” 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 don’t 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 identified—and the court is unaware of—any authority so
providing. The portions of the transcript submitted in support of a discovery motion are
confidential under the court’s 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 DEFENDANTS’ 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 court’s 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 Co2s” (ep ae
onorable Joseph M. Quinn
udge of the Superior Court
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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
DEFENDANTS’ 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, LLC’s 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 DEFENDANTS’ 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
PDF Page 3
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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 “evidentiary.” 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 don’t 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 identified—and the court is unaware of—any authority so
providing. The portions of the transcript submitted in support of a discovery motion are
confidential under the court’s 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 DEFENDANTS’ 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 court’s 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 Co2s” (ep ae
onorable Joseph M. Quinn
udge of the Superior Court
' ORDER TAKING OFF CALENDAR DEFENDANTS’ 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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