This order supplements the August 27 order (Dkt. No. 266) granting plaintiffs’ motion for appointment of a forensic neutral and a discovery special master. Pursuant to the August 27 order, the parties conferred and filed competing proposals at Dkts. Nos. 271 and 272. The Court has considered those proposals and now picks from among the proposed neutrals.

The Court selects FTI Consulting, Inc. as the neutral forensic inspector. FTI Consulting was proposed by plaintiffs. The Court finds that FTI Consulting has the required resources, expertise, and offices (in Asia) proximate to the disputed data and witnesses. FTI Consulting shall be engaged by defendant ZZX to perform the duties set forth in the August 27 order. FTI Consulting shall execute the “Acknowledgement and Agreement to Be Bound” that is attached as “Exhibit A” to the stipulated protective order entered in this litigation. See Dkt. 125-1 at 19. FTI Consulting shall begin the work contemplated in the August 27 order as soon as practicable. A representative of FTI Consulting must be available for deposition on October 1, 2019, at 9:00 a.m., (or an earlier date if agreed to be all parties, the Special Master, and deponent) at the Redwood City offices of Quinn Emanuel Urquhart & Sullivan, LLP, located at 555 Twin Dolphin Drive, 5th Floor, Redwood City, California 94065. The deposition shall last for 8 hours, with Defendants and Plaintiffs each receiving 3.5 hours to question the representative of the Forensic Neutral, and the Special Master receiving 1 hour to question the representative of the Forensic Neutral. Finally, ZZX shall pay all of FTI Consulting’s reasonable fees, costs, and expenses in connection with performing the tasks called for in this Order. Both ZZX and the Forensic Neutral must devote sufficient staff and resources to the work described in the August 27 order to ensure it is completed on time. Finally, FTI Consulting must provide both the Court and Special Master with an administrative point of contact (name, address, email, telephone) for communications in this case.

Next, the Court appoints Martin Quinn of JAMS in San Francisco as a discovery special master pursuant to Federal Rule of Civil Procedure 53. Mr. Quinn was proposed by defendants ZZX and AllRide. The Special Master is appointed to accomplish the tasks set forth in the August 27 order. By September 5, 2019, the Special Master shall file a declaration, stating under penalty of perjury whether there are any potential grounds to disqualify the Special Master pursuant to 28 U.S.C. § 455. Any Party by September 7 may file a timely objection to the Special Master’s appointment, based on the Special Master’s declaration. Any objection not filed in a timely manner is waived, unless it is based on subsequently discovered information. In the event that a Party files a valid objection pursuant to 28 U.S.C. § 455, the Parties will immediately meet and confer, and propose an alternative Special Master, with a joint letter brief due on September 10, 2019.

The Special Master is authorized to manage and resolve all disputes concerning the Forensic Neutral process, as well as (i) any remaining disputes between the Parties regarding whether ZZX has produced all relevant source code pursuant to the Court’s order at ECF 252; (ii) any other, related matter that the Court may refer to the Special Master after giving the Parties notice and an opportunity to be heard, and (iii) any other matters that the Parties may jointly agree to present to the Special Master, in relation to the Forensic Neutral process. The Special Master may, after consulting with the Parties, recommend to the Court that the Special Master’s duties be expanded to cover additional issues that are not listed in this Order.

ZZX shall pay all of the Special Master’s reasonable fees, costs, and expenses in connection with performing the tasks called for in this Order. The Special Master must contemporaneously keep track of fees, costs, and expenses. The Court retains jurisdiction to resolve any dispute over fees, costs, and expenses. The Court may confer with the Special Master as to an appropriate upfront payment of fees, costs, and expenses. 

The Clerk of Court is asked to provide a copy of this order to the Special Master. Plaintiffs are ordered to provide a copy of this order to FTI Consulting. This order resolves Dkt. Nos. 271 and 272. 

IT IS SO ORDERED.