In Re TikTok Inc.; TikTok Ltd.; TikTok Pte. Ltd.; TikTok U.S. Data Security Inc.; ByteDance Ltd.; And ByteDance Inc. v. the State of Texas

ACCEPTED
15-25-00209-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/2/2025 4:18 PM
CHRISTOPHER A. PRINE
No. 15-25-00209-CV CLERK
FILED IN
IN THE COURT OF APPEALS15th COURT OF APPEALS
AUSTIN, TEXAS
FOR THE FIFTEENTH DISTRICT OF TEXAS AT12/2/2025
AUSTIN4:18:21 PM
CHRISTOPHER A. PRINE
Clerk
I N RE T IK T OK I NC ., T IK T OK L TD.; T IKTOK P TE .; TIK T OK U.S.
D ATA S ECURITY I NC .;
B YTE D ANCE L TD .; AND B YTE D ANCE , I NC .,
RELATORS.

On Petition for Writ of Mandamus from the
250th Judicial District Court of Travis County, Texas
Trial Court Cause No. D-1-GN-25-003118
Honorable Cory Liu, Presiding Judge

REAL PARTY IN INTEREST STATE OF TEXAS’S
UNOPPOSED MOTION FOR LEAVE TO
FILE UNDER SEAL

Pursuant to TEX. R. APP. P. 9.2(c)(3), the State of Texas, real party in

interest in this proceeding and Plaintiff in the Court below, respectfully requests

leave to file under seal unredacted responses to Relators’ motion for temporary

relief and petition for writ of mandamus. The State’s responses reference material

previously designated as confidential pursuant to the District Court’s Protective

Order. See Exhibit A, Protective Order, Texas v. TikTok, No. D-1-GN-25-003118

(Travis Cnty. Dist. Ct. Aug. 19, 2025). That Order requires the State to file under

seal any materials or information designated as confidential. Exhibit A ¶¶ 31, 62.

The Protective Order gives the designating party 14 days after the conclusion of

briefing to request that the material remain under seal; otherwise, the material
may be made public. Id. ¶ 62. If the Court grants the State’s motion to file under

seal, the State will contemporaneously file public versions of its responses, with

only the material subject to the Protective Order redacted.

PRAYER

For the above reasons, the State prays that the Court allow it to file

under seal unredacted responses to Relators’ motion for temporary relief and

petition for writ of mandamus, along with public redacted versions.

DATED: December 2, 2025 Respectfully submitted,

KEN PAXTON /s/ Richard R. McCutcheon
Attorney General of Texas RICHARD R. McCUTCHEON
State Bar No. 24139547
BRENT WEBSTER MADELINE FOGEL
First Assistant Attorney General State Bar No. 24141985
Assistant Attorneys General
RALPH MOLINA OFFICE OF THE ATTORNEY
Deputy First Assistant GENERAL OF TEXAS
Attorney General Consumer Protection Division
808 Travis Street, Suite 1520
AUSTIN KINGHORN Houston, Texas 77002
Deputy Attorney General for Tel: (713) 225-8922
Civil Litigation Fax: (713) 223-5821
Richard.McCutcheon@oag.texas.gov
JOHNATHAN STONE Madeline.Fogel@oag.texas.gov
Chief, Consumer Protection Division
DAVID H. THOMPSON*
BRIAN W. BARNES*
JOHN D. OHLENDORF*
COOPER & KIRK, PLLC
1523 New Hampshire Ave., N.W.
Washington, D.C., 20036
Telephone: (202) 220-9600
Facsimile: (202) 220-9601
dthompson@cooperkirk.com

2
*Pro Hac Vice admission forthcoming

JOHN C. HERNANDEZ
Texas State Bar No. 24095819
Assistant Attorney General
OFFICE OF THE ATTORNEY
GENERAL OF TEXAS
Consumer Protection Division
P.O. Box 12548
Austin, Texas 78711-2548
Tel: (512) 463-2185
Fax: (512) 473-8301
JC.Hernandez@oag.texas.gov

ADAM HOLTZ
State Bar No. 24143021
Assistant Attorney General
OFFICE OF THE ATTORNEY
GENERAL OF TEXAS
Consumer Protection Division
112 E. Pecan Street, Ste. 735
San Antonio. Texas 78205
Tel: (210) 225-4191
Fax: (210) 225-1072
Adam.Holtz@oag.texas.gov

ATTORNEYS FOR THE STATE OF TEXAS

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CERTIFICATE OF CONFERENCE
The undersigned counsel conferred with counsel for Relators on December
2, 2025, via email in which counsel for Relators stated that Relators agree to filing
under seal.

/s/ Richard R. McCutcheon
Richard R. McCutcheon

CERTIFICATE OF SERVICE
I hereby certify that on December 2, 2025, a true and correct copy of this
document was served upon all counsel of record via electronic filing service.

/s/ Richard R. McCutcheon
Richard R. McCutcheon

4
EXHIBIT A
08/19/2025 05:20:47 PM
Velva L. Price
District Clerk
Travis County
D-1-GN-25-003118
CAUSE NO. D-1-GN-25-003118

)
STATE OF TEXAS,
) IN THE DISTRICT COURT OF
Plaintiff,
)
) TRAVIS COUNTY,
v. ) TEXAS
)
TIKTOK INC., TIKTOK LTD., TIKTOK )
PTE. LTD., TIKTOK U.S. DATA )
SECURITY INC., BYTEDANCE LTD., and ) 250th JUDICIAL DISTRICT
BYTEDANCE INC., )
Defendants. )

PROTECTIVE ORDER

Whereas certain discovery materials in this case may qualify as confidential or highly

confidential information, and to prevent undue disclosure of any such information, the State and

Defendants (collectively, the “Parties”) have requested that the Court enter a Protective Order

(“Order”); and whereas the Court has determined that the terms set forth herein are appropriate to

protect the respective interests of the Parties and third parties; accordingly, it is HEREBY

ORDERED:

I. DEFINITIONS
1. Action: the above captioned action, including any amendments thereto, and any

related discovery, pretrial, trial, post-trial, or appellate proceedings.
2. Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.

3. CONFIDENTIAL Information or Items: information (regardless of how it is

generated, stored, or maintained) or tangible things that qualify for protection

under Texas Rule of Civil Procedure 192.6.

4. Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as the
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support staff).

5. Competitor: Any company that provides social media services or online

entertainment platforms that facilitate interactions between two or more distinct but

interdependent sets of users, and includes user-generated content, or any company

that reasonably may be considered to be in or as having plans to enter into this area,
or any of their current officers, directors, employees, contractors, or agents. This

definition is only for purposes of determining whether a person serving as an Expert

(as defined below) in this case is eligible to obtain access to Protected Material, and

the Parties agree that this definition has no evidentiary value and will not be used

by the Parties or the Court for any substantive purposes in this case.
6. Designating Party: a Party or Non-Party that designates information or tangible

items that it has disclosed or produced as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

7. Disclosure or Discovery Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or maintained (including, among

other things, testimony, transcripts, and tangible things), that are produced or

generated in disclosures or responses to discovery in this Action.

8. Expert: a person who has been retained by a Party or its Counsel to serve as an

expert witness or as an undisclosed consultant in this Action (as well as his or her
employees and support staff).
9. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information or Items:

Protected Material the disclosure of which to another Party or Non-Party would

create a substantial risk of serious harm that could not be avoided by less restrictive

means.
10. In-House Counsel: attorneys who are employees of a Party to this Action, and their

support staff. In-House Counsel does not include Outside Counsel. In-House

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Counsel for the State means the Attorney General of Texas, attorneys of the Office

of the Attorney General of Texas, and their support staff (including but not limited

to attorneys, paralegals, secretaries, law clerks, and investigators).

11. Investigation: the pre-complaint inquiry by Texas and co-investigating states into
potential consumer protection violations by Defendants.

12. Investigation Materials: documents or other materials provided to the State (or any

co-investigating states, to which the State received access) with appropriate

authorization relating to the Investigation. Investigation Materials shall be

considered as documents produced in this Action.
13. Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this Action.

14. Outside Counsel: attorneys who are not employees of a Party to this Action but are

retained in this Action to represent or advise a Party to this Action, as well as their

support staff to whom it is reasonably necessary to disclose the information for this
Action (including but not limited to attorneys, paralegals, secretaries, law clerks,

and investigators). Before accessing any confidential materials subject to this

Order, investigators shall be required to sign the “Acknowledgement and

Agreement to Be Bound” (Exhibit A).

15. Party: any party to this Action, including all of its officers, directors, employees,
(including In-House Counsel).

16. Producing Party: a Party or Non-Party that has produced Disclosure or Discovery

Material or Investigation Material in or before this Action.

17. Professional Vendors: persons or entities that provide litigation support services
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstratives,

and organizing, storing, or retrieving data in any form or medium) and their

employees and subcontractors.
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18. Protected Material: any Disclosure or Discovery Material or Investigation Material

that has been designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.”

19. Receiving Party: a Party or Non-Party that has received Disclosure or Discovery
Material or Investigation Material.
II. SCOPE

20. The protections conferred by this Order apply to not only Protected Material (as

defined above), but also to: (1) any information copied or extracted from Protected

Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

and (3) any oral, written, or electronic communications, testimony, or presentation

by Parties or their Counsel that might reveal Protected Material. Unless otherwise

stated, all periods of time provided for in this Order are calculated as calendar days.
III. DURATION

21. Even after final disposition of this Action, the confidentiality obligations imposed

by this Order shall remain in effect until a Designating Party agrees otherwise in

writing, or a court order otherwise directs. Final disposition shall be deemed to be

the later of (1) dismissal of all claims and defenses in this Action, with prejudice;

or (2) final judgment of the Action after the completion and exhaustion of all

appeals, rehearings, remands, trials, or reviews, including the time limits for filing

any motions or applications for extension of time pursuant to applicable law and

the time limits for filing a petition for writ of certiorari to the Supreme Court of the

United States if applicable. The Court retains jurisdiction even after termination of

this Action to enforce this Order and to make such amendments, modifications,

deletions, and additions to this Order as the Court from time to time deems

appropriate. Further, the protections conferred by Section VII of this Order

(“Handling of Protected Material”) cover the use of all Disclosure or Discovery
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Material produced by a Party or a Non-Party in relation to this Action.
IV. DESIGNATING PROTECTED MATERIAL

22. Exercise of Restraint and Care in Designating Material for Protection. A

Designating Party shall use reasonable care in designating information as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY,” making such a designation only when there is a legitimate reason for the

restrictions on disclosure called for by the designation. The Parties recognize this
is a public enforcement lawsuit brought by the State, and that the State desires for it

to be conducted on the public record to the greatest extent possible. If it comes to a

Designating Party’s attention that information or items that it designated for

protection do not qualify for protection at all or do not qualify for the level of

protection initially asserted, that Designating Party must promptly notify all other
Parties that it is withdrawing the inapplicable designation.

23. Manner and Timing of Designations. Except as otherwise provided in this Order or

as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

for protection under this Order must be clearly so designated before the material is

disclosed or produced. Investigation Materials need not be re-produced or re-

stamped and may be used in discovery in this Action.

a. For information produced during the Investigation, to the extent
Investigation Materials were previously designated as “Confidential” and

marked accordingly, those materials shall receive protections

commensurate with protections for “CONFIDENTIAL” Information

provided for in this Order. Any production of Investigation Materials not
designated as “Confidential” will not be deemed a waiver of any future claim

of confidentiality concerning such information if it is designated as either

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
5
EYES ONLY” within a reasonable length of time. If, at any time, a

Producing Party realizes that it should have designated as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” any Investigation Materials that a Party previously

produced, it must notify the Parties in writing that it has changed the
designation of Investigation Materials, identify the documents by Bates

Number, and produce documents with the new designation. The Parties

shall thereafter treat the Investigation Materials in accordance with the new

designation under the terms of this Order.
24. Designation in conformity with this Order requires:
a. For information in documentary form (e.g., paper or electronic

documents, but excluding transcripts of depositions or other pretrial or trial

proceedings), that the Producing Party affixes the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” to each page of a paper or electronic document that contains

Protected Material or to the cover page of bound or grouped material.

Electronic materials may be designated as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information by any method reasonably designed to alert the Receiving Party
that the information is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

– ATTORNEYS’ EYES ONLY” Information, such as, but not limited to, the

subject line of an e-mail containing such materials or, in the case of
spreadsheets or other documents not produced in paginated form, in a field

in the overlay or in the document’s file name. For Protected Material that is

produced in native electronic format, the designation legend must be

included in the file name of the native documents and on any related imaged

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slipsheets when produced, and any Party when printing such Protected

Material must affix the designated legend to each page of the printed copy.

A Party or Non-Party that makes original documents or materials available

for inspection need not designate them for protection until after the

inspecting Party has indicated which material it would like copied and
produced. During the inspection and before the designation, all of the

material made available for inspection shall be treated as “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information. After the

inspecting Party has identified the documents it wants copied and produced,

the Producing Party must determine which documents, or portions thereof,
qualify for protection under this Order. Then, before producing the specified

documents, the Producing Party must affix “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in

accordance with the foregoing. A Party may designate materials produced by
a Non-Party as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” if the materials contain information for

which that Party would have a right to apply the proposed designation if

produced by that Party, by notifying all other Parties of the designation in

writing within twenty-one (21) days after the production of Disclosure or
Discovery Material by the Non-Party. The deadline to designate Non-Party

materials may be extended by agreement of the Parties.

b. For testimony given in deposition or in other pretrial proceedings, in the

event that a Producing Party designates a witness’s deposition or other
testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY,” the specific page and line designations over

which confidentiality is claimed must be provided to the Receiving Party
7
within thirty (30) days of receipt of the final transcript, provided, however,

that the Receiving Party will consider reasonable requests for an extension

of the deadline. Deposition testimony shall be treated as “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pending the deadline.

After the 30-day period, if no Party has designated some or all of that
deposition transcript as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Order, the

entire deposition, or those portions of the deposition not designated as

confidential, will no longer be considered confidential. If any portion of a

videotaped deposition is designated, the original and all copies of any
videotape, DVD, or other media container shall be labeled with the

appropriate legend in an obvious manner. The Party initiating the

deposition shall inform the court reporter of these requirements.

c. For information produced in some form other than documentary and for
any other tangible items, that the Producing Party affixes, in a prominent

place on the exterior of the container or containers in which the information

or item is stored, the legend “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or

portions of the information or item warrant protection, the Producing Party,
to the extent practicable, shall identify the protected portion(s).

25. Failures to Designate. If timely corrected, failure to designate qualified Disclosure

or Discovery Material does not, alone, waive the Designating Party’s right to secure

protection under this Order for such material. In the event that “CONFIDENTIAL”

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information is

disclosed without a marking or designation of it as such, the Party may thereafter

assert a claim or designation of confidentiality if made within a reasonable length
8
of time, and promptly provide replacement information or items with the

appropriate designation (and, if applicable, using the same Bates number as the

original production). Thereafter, the Receiving Party must immediately delete the

original “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” Information and all copies of the same and make no use of such

Information. The disclosure of any information for which disclosure was proper

when made will not be deemed an improper disclosure of confidential material as a

result of any such subsequent confidentiality designation.
V. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26. This Order shall not preclude any Party from bringing before the Court, at any time,

the question of whether any particular information is properly designated as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” Information upon written notice to the Designating Party. Unless a prompt

challenge to a Designating Party’s confidentiality designation is necessary to avoid

foreseeable, substantial unfairness, unnecessary economic burdens, or a significant

disruption or delay of this Action, a Party does not waive its right to challenge a

confidentiality designation by electing not to mount a challenge promptly after the

original designation is disclosed.

27. The Challenging Party shall initiate the dispute resolution process by providing

written notice of each designation it is challenging, specifying the Bates number(s)

or other form of identification (if Bates number(s) are not on such materials), and

describe the basis for each challenge. The Parties shall attempt to resolve each

challenge in good faith and must begin the process by conferring directly (in voice-

to-voice dialogue; other forms of communication are not sufficient) within

fourteen days of the date of service of notice. In conferring, the Challenging Party

must explain the basis for its belief that the confidentiality designation was not

9
proper and must give the Designating Party an opportunity to review the designated

material, to reconsider the circumstances, and, if no change in designation is

offered, to explain the basis for the chosen designation. A Challenging Party may

proceed to the next stage of the challenge process only if it has engaged in this meet-

and-confer process first or establishes that the Designating Party is unwilling to

participate in the meet-and-confer process in a timely manner.

28. Judicial Intervention. If the Parties cannot resolve a challenge without court

intervention, the Challenging Party may file and serve a motion in accordance with

the Rules of this Court. The Parties shall treat the information consistent with its

designation until a ruling by the Court otherwise.

29. In its request for relief from the Court, the Party disputing the designation of any

information shall identify the information that it believes is not properly designated.

The Party asserting the propriety of any designation has the burden to defend the

designation. If the Court finds the designation of Protected Material to have been

inappropriate, the challenged designation shall be considered rescinded.

30. Any person or entity receiving “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information may use the

procedures set forth in this section to challenge the Designating Party’s
confidentiality designation.
VI. ACCESS TO AND USE OF PROTECTED MATERIAL

31. Basic Principles. Except as otherwise set out in this Order, a Receiving Party may

use Protected Material that is disclosed or produced by another Party or by a Non-

Party in connection with this case only for prosecuting, defending, or attempting to

settle this litigation, including any appeal(s). Such Protected Material may be

disclosed only to the categories of persons and under the conditions described in this

Order. When the litigation has been terminated, a Receiving Party must comply
10
with the provisions of Section XII below. Protected Material must be stored and

maintained by a Receiving Party, at a location, and in a secure manner that ensures

that access is limited to the persons authorized under this Order. Nothing contained

in this Order shall be construed to restrict or limit the use, dissemination, or

disposition by the Designating Party of its own information that it designates as

Protected Material.

32. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

by the Court or permitted in writing by the Designating Party, a Receiving Party

may disclose any information or item designated “CONFIDENTIAL” only to:
a. The Receiving Party, including In-House Counsel;

b. The Receiving Party’s Outside Counsel in this Action;

c. Experts (as defined in this Order) retained by the Receiving Party and their staff

(1) to whom disclosure is reasonably necessary for this Action and (2) who have

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

d. The Court and its personnel, and any appellate court or other court (and their

personnel) before which the Parties appear in this Action;

e. Court reporters, transcribers, videographers, and their staff;

f. Professional jury or trial consultants, mock jurors, and Professional Vendors to

whom disclosure is reasonably necessary for this Action and whose

representative has signed the “Acknowledgment and Agreement to Be Bound”

(Exhibit A);

g. Any mediator who is assigned to hear this Action, and his or her staff, who have

signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);

h. During their depositions or a hearing, or during preparations for the same,

witnesses in the Action and their attorneys to whom disclosure is reasonably

11
necessary and who have signed the “Acknowledgement and Agreement to Be

Bound” (Exhibit A), unless otherwise agreed to by the Designating Party or

ordered by the Court;

i. The author or recipient of a document containing the Protected Material or a

custodian or other person who otherwise possessed or personally knows the

information;

j. Any other person as to whom the Designating Party has consented to disclosure

in advance; and,

k. Such other persons as the Parties may agree or as may be ordered by the Court.

33. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items. Unless otherwise ordered by the Court or permitted in writing by the

Designating Party, any information or items designated “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:

a. The Receiving Party, including In-House Counsel;

b. The Receiving Party’s Outside Counsel in this Action;

c. Experts (as defined in this Order) retained by the Receiving Party and their staff

(1) to whom disclosure is reasonably necessary for this Action, and (2) who have

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) , and

(3) as to whom the procedures set forth in Paragraph 36 and its subparts have

been followed;

d. The Court and its personnel, and any appellate court or other court (and their

personnel) before which the Parties appear in this Action;

e. Court reporters, videographers, and their staff;

f. Professional jury or trial consultants, mock jurors, and Professional Vendors to
12
whom disclosure is reasonably necessary for this Action and who have signed

the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

g. Any mediator who is assigned to hear this Action, and his or her staff, who have

signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);

h. During their depositions or a hearing, or during preparations for the same,

current and former employees of the Designating Party in this Action and their

attorneys to whom disclosure is reasonably necessary, and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A), provided that the

document is relevant to their work responsibilities during the relevant time and

that no copy of any document marked as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” Information shall be left with the witness or

included in the witness’s copy of the transcript. Where a former employee is

currently employed by a competitor of the Designating Party, the Designating

Party may move for a protective order requiring heightened protections at least

ten (10) business days prior to the deposition, or may object during the course

of the deposition to the disclosure of any particular document marked

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by explaining

the basis for its legitimate concerns of competitive harm. If objecting during the

course of the deposition, the objecting party may request a telephonic ruling from

the Court. If the Court is not available, the parties will not show the objected-

to document to the witness, and will leave the deposition open. It will be the

objecting party’s obligation to seek a ruling from the Court within three (3) days

of the deposition;

i. The author or recipient of a document containing the information or a custodian

or other person who otherwise possessed or personally knows the information;
13
j. Any other person as to whom the Designating Party has consented to disclosure

in advance; and

k. Such other persons as the Parties may agree or as may be ordered by the Court.

34. Nothing contained in this Order shall prevent a party from sharing a witness’s own account-

level data with that witness.

35. Exclusion of Individuals from Depositions. Counsel shall have the right to exclude any

person who is not authorized by this Order to receive or access documents or information
designated as Protected Materials from any deposition where testimony regarding

Protected Materials or the use of Protected Materials is likely to arise, but only during

periods of examination or testimony directed to or comprising Protected Material. This

paragraph does not apply to the deponent or deponent’s counsel.

36. Procedures For Disclosure of Highly Confidential Information – Attorneys’ Eyes Only
Material to Experts.

a. Before a Party provides “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Protected Material to an Expert retained in connection with the prosecution or defense

of this litigation who is a current or former employee, agent, consultant, or contractor

of Defendants or a Competitor, the Party (both the Designating Party and the Receiving
Party) shall disclose to the other (1) the full name of the Expert and the city and state

of the Expert’s primary residence, and (2) either the name of the Expert’s current

employer, the Expert’s current Curriculum Vitae, or a link to the Expert’s website.

b. A Party that makes a disclosure specified in paragraph 36(a) may disclose the subject
Protected Material to the identified Expert unless, within seven (7) days of delivering

the request, the Party receives a written objection from the other Party. Any such

objection must set forth in detail the grounds on which it is based.

14
c. A Party that receives a timely written objection pursuant to paragraph 36(b) must meet

and confer with the opposing Party (through direct voice-to- voice dialogue) to try to

resolve the matter by agreement. If no agreement is reached, the Producing Party may

file a motion for protective order that would preclude the expert from receiving

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information within
fourteen (14) days of the written objection. Each such motion must be accompanied by

a competent declaration affirming that the movant has complied with the meet and confer

requirements imposed in this paragraph. In any such proceeding, the Party opposing

disclosure to the Expert bears the burden of proving that the risk of harm that the

disclosure would entail (under the safeguards imposed by this Order) outweighs the
opposing Party’s need to disclose the Protected Material to its Expert.

d. Any opposition to a motion for protective order filed pursuant to this paragraph will be

filed within seven (7) days of the motion. A reply, if any, will be due within three (3)

days of the opposition.

VII. HANDLING OF PROTECTED MATERIAL

37. All Protected Material shall remain in the possession of the Counsel who receive

such material through the close of discovery in this Action, provided they remain

actively engaged in the representation of a Party, and they shall not release or

disclose the nature, substance, or contents thereof. Persons who have been shown

Protected Material pursuant to this Order and have not otherwise obtained or

maintained the material in the normal course of business shall not retain copies of

that material. Protected Material in electronic form shall be maintained in a secure

location that applies standard industry practices regarding data security, including

but not limited to application of auditable access control rights to those persons

entitled to access Protected Material under this Order. Electronic delivery of

15
Protected Material shall be by secure file transfer protocol or encrypted email

addressed only to persons entitled to access Protected Material under this Order. If

a data breach that included Protected Material occurs or a Receiving Party

reasonably believes such a breach may have occurred, the Receiving Party shall

immediately report such incident to the Producing Party, describe the Protected

Material accessed without authorization, and use best efforts to return to the

Producing Party the Protected Material copied or removed. In such event, the

Receiving Party shall immediately take such reasonable actions as the Producing

Party shall request in good faith to remediate the breach, to preclude further

breaches, and to address publicity regarding the breach (if any), and in any event

take such actions as required by applicable laws, including privacy laws. After

notification, the Receiving Party shall keep the Producing Party reasonably

informed of remediation efforts.

VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION

38. If a Receiving Party or other person or entity authorized to receive Protected
Material is served with a subpoena or a court order issued in other litigation that would

compel disclosure of any information or items designated in this Action as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”

that Party must:

a. promptly notify in writing the Counsel for the Designating Party (by email, if

possible) unless prohibited by law from doing so. Such notification must

include a copy of the subpoena or court order;

b. promptly notify in writing the party who caused the subpoena or order to issue

in the other litigation that some or all of the material covered by the subpoena

16
or order is subject to this Order. Such notification shall include a copy of this

Order; and

c. cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.

39. The purpose of imposing these duties is to alert the interested parties to the

existence of this Order and to afford the Designating Party in this Action an opportunity

to address its confidentiality interests in the court from which the subpoena or order is

issued. The Designating Party shall bear the burden and expense of seeking protection in
that court of its Protected Material. If the Designating Party timely seeks a protective

order, the Party served with the subpoena or court order shall not produce any Protected

Material before a determination by the court from which the subpoena or order issued,

unless the Party has obtained the Designating Party’s permission. Nothing in these

provisions should be construed as authorizing or encouraging the party that received the
Protected Material in this Action to disobey a lawful directive from any other court. Any

agreement by a Designating Party that Protected Material may be produced in response to

a subpoena or order does not in any way waive the protections this Order provides

against disclosure in any other matter, including this Action.
IX. PARTY’S OWN INFORMATION

40. The restrictions on the use of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” Information established by this Order are applicable only

to the use of the Disclosure or Discovery Material received by a Party from another Party

or from a Non-Party. A Party is free to do whatever it desires with its own confidential

information, provided that any dissemination of the information by the Party that owns the

information may lead to the loss of that information’s confidential status.

17
X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION
41. The terms of this Order are applicable to information produced by a Non-Party in this

Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection

with this litigation is protected by the remedies and relief provided by this Order. Nothing

in these provisions should be construed as prohibiting a Non- Party from seeking additional
protections. Any Party issuing a subpoena to a Non- Party shall enclose a copy of this

Order.

42. In the case of documents or materials produced by Non-Parties pursuant to a subpoena, a

Party wishing to designate such material as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall so notify Outside Counsel for all
other Parties in writing. The Party that served the subpoena should provide all materials

produced in response to the subpoena to Counsel for all other Parties. During the next thirty

(30) days after the subpoenaed materials have been provided to all Counsel, each party

shall have an opportunity to designate some or all of those materials as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
During this 30-day window, Counsel for all Parties shall treat all materials produced in

response to the subpoena as if they are “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY.” Any Non-Party may designate information produced by the Non-Party as

CONFIDENTIAL Information.

43. No later than ten (10) business days after a Receiving Party’s receipt of written responses
and/or Disclosure or Discovery Material provided or produced by a Non-Party in response

to a subpoena issued in connection with the Action, including written responses and

objections and written meet and confer correspondence, and any court filings related to the

subpoena, that Receiving Party must make copies of such written response and/or
18
Discovery Material available to all other Parties.

44. In the event that a Party is required, by a valid discovery request, to produce a Non- Party’s

confidential information in its possession, and the Party is subject to an agreement with

the Non-Party not to produce the Non-Party’s confidential information, then the Party

shall:

a. promptly notify in writing the Requesting Party and the Non-Party that some or all of

the information requested is subject to a confidentiality agreement with a Non-Party;

b. promptly provide the Non-Party with a copy of the Order in this litigation, the relevant

discovery request(s), and a reasonably specific description of the information
requested; and

c. make the information requested available for inspection by the Non-Party, if requested.

45. If the Non-Party fails to object or seek a protective order from this Court within fourteen

(14) days of receiving the notice and accompanying information, the Receiving Party may

produce the Non-Party’s confidential information responsive to the discovery request. If
the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

information in its possession or control that is subject to the confidentiality agreement with

the Non-Party before determination by the Court. Absent a Court order to the contrary, the

Non-Party shall bear the burden and expense of seeking protection in this Court of its

Protected Material.
46. For a period of fourteen (14) days following production by a Non-Party, that production

shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” even if not

so designated by the Non-Party, to provide the Parties an adequate opportunity to designate

information as appropriate. The failure by any Party to designate information produced by
Non-Parties as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” shall be addressed consistent with Section IV of this Order.

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XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

47. To the extent consistent with applicable law, disclosure of Investigation Materials or

Protected Materials that should have been designated as such, regardless of whether the

information, document or thing was so designated at the time of disclosure, shall not be

deemed a waiver in whole or in part of a Producing Party’s claim of confidentiality. If a

Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
Material to any person or in any circumstance not authorized under this Order, or if the

Receiving Party learns that Protected Materials have been compromised due to a security

breach, the Receiving Party must immediately (a) notify in writing the Designating Party

of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies
of the Protected Material, (c) inform the person or persons to whom unauthorized

disclosures were made of all the terms of this Order, and (d) request such person or persons

to execute the “Acknowledgment and Agreement to Be Bound” that is attached as Exhibit

A.

48. Nothing in these provisions limits or prohibits a Party or Non-Party from seeking any
available legal or equitable remedies or relief for the unauthorized disclosure of its

Protected Material, including but not limited to attorneys’ fees and costs associated with

enforcing its rights under this Order.
XII. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL

49. The production of Materials a Party reasonably believes is subject to protection under the

attorney-client, work-product, or trial-preparation privileges, whether inadvertent or
otherwise, is not and shall not serve as a basis for claiming waiver of any applicable

privilege or protection from discovery in this Action or in any other federal or state

proceeding, to the maximum extent applicable. Nothing contained herein is intended to or

shall serve to limit a Party’s right to conduct a review of material for relevance,

responsiveness, and/or segregation of privileged and/or protected information before
20
production.

50. In the event that a Party discovers that it produced or disclosed Privileged Material, it shall

provide written notice of the privilege claim to the Receiving Party (a “Clawback Notice”),

sufficiently identifying the Privileged Material within a reasonable time of discovering the

production or disclosure of Privileged Material.
51. As soon as practicable after providing the Clawback Notice, the Producing Party shall

provide (i) if only a portion of the document contains Privileged Material, a new copy of

the document utilizing the same Bates Number(s) as the original that has been redacted to

protect the Privileged Material; or (ii) if the entire document constitutes Privileged

Material, a slipsheet identifying the same Bates Number(s) as the original, noting that the
document has been withheld. Any Privileged Material that is the subject of a Clawback

Notice will be included on a privilege log if and as required by the privilege-logging

procedure agreed to by the Parties or ordered by the Court.

52. Within ten (10) calendar days of receipt of a Clawback Notice (regardless of whether the
Receiving Party agreed to or plans to challenge the Producing Party’s privilege claim), the

Receiving Party, including its vendors, consultants, Experts, and agents, must promptly

return and destroy the Privileged Material and all copies thereof (the “Clawed-Back

Material”) and sequester any work product (such as notes) that reproduce, copy, are

derived from, or otherwise disclose the substance of the Privileged Material (“Sequestered
Work Product”) and certify to the Producing Party when this return and destruction and

sequestration is complete. If the Receiving Party does not challenge the Producing Party’s

Clawback Notice within 14 calendar days of receipt, the Receiving Party shall promptly

destroy any Sequestered Work Product and certify to the Producing Party when this

destruction is complete. If the Receiving Party raises a challenge within 14 calendar days
of receiving the Clawback Notice, the Receiving Party shall be permitted to continue to

sequester (rather than destroy) the Sequestered Work Product throughout the meet and

21
confer process provided for under Section 12(c)(iii). In the event that the Producing Party

withdraws a Clawback Notice or the Court orders the production or disclosure of the

Clawed-Back Material, the Receiving Party need not continue to sequester the Sequestered

Work Product.

53. Within 7 days of the issuance of a Clawback Notice, the Producing Party shall produce a
privilege log with respect to the Clawed-Back Material, if and as required by the privilege-

logging procedures agreed to by the Parties or ordered by the Court.

54. If a Receiving Party challenges a claim that Privileged Material specified in a Clawback

Notice is privileged, the Receiving Party shall notify the Producing Party of its challenge

within 14 calendar days of receiving the Clawback Notice.
55. Within 14 calendar days of the Producing Party receiving notification of the challenge, the

Parties shall meet and confer in an effort to resolve their disagreement. If the Parties are

unable to resolve their disagreement, either Party may submit the issue to the Court for a

determination. The Producing Party shall submit one copy of the Clawed-Back Material
to the Court in camera (the “In Camera Copy”) upon the Court’s request. Nothing in this

Order alters any party’s burden of proof with respect to a claim of Privilege.

XIII. MISCELLANEOUS

56. Public Knowledge or Independent Acquisition. Notwithstanding any other provision of

this Order, no person shall be precluded from using or disclosing, in any lawful manner,

any Protected Material that (a) was intentionally and lawfully made publicly known by the

Designating Party; (b) was lawfully acquired by or known to that Receiving Party,
independent of receipt during the Investigation or in discovery in this Action; or (c) was

made publicly known pursuant to an order of a court or as may be required by regulation.

The burden of proving prior possession, prior knowledge, or prior public knowledge of

such Protected Material shall be on the Receiving Party.

22
57. Right to Further Relief. Nothing in this Order abridges the right of any person to seek its

modification by the Court in the future.

58. Right to Assert Other Objections. By stipulating to the entry of this Order, no Party waives

any right it otherwise would have to object to disclosing or producing any information or

item on any ground not addressed in this Order. Similarly, no Party waives any right to
object on any ground to use in evidence of any of the material covered by this Order.

59. No Waiver. Nothing in this Order shall be deemed a waiver of the right of any party to

oppose production of any information or material on any available grounds or to object to

the authenticity or admissibility of any document, testimony, or other evidence.

60. No Modification of Privileges. Nothing in this Order shall modify the law regarding the
attorney-client privilege, the attorney work product doctrine, the joint defense privilege,

and any other applicable privilege or protection from disclosure to the extent such privilege

or protection exists under applicable law.

61. AI Prohibition. The Parties agree that any documents, electronically stored information
(“ESI”), or other materials produced or exchanged in the course of this Action, including

but not limited to those designated as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Order, shall not be used, in

whole or in part, for prompts (inputs), completions (outputs), or embeddings that are used

to train, improve, re-train, or otherwise develop any artificial intelligence, foundation
model, or large language model (collectively “AI Models”). This prohibition applies

regardless of whether the AI Models are proprietary, open-source, or provided by a third

party, and regardless of whether the use is for commercial, research, or any other purpose.

The Parties further agree to take reasonable steps to ensure that their employees, counsel,

agents, consultants, contractors, and any other persons or entities who may have access to
such materials comply with this prohibition. Any violation of this provision may be

addressed by the Court through appropriate remedies, including but not limited to

23
sanctions.

62. Filing Protected Material. This Order explicitly permits Parties to file under seal with the

Clerk pleadings, motions, or other papers that contain information that any Party has

designated as Protected Material. Any pleading, motion, or other paper containing

information that any Party has designated as Protected Material shall be filed using the
following procedures:

a. a redacted version (i.e., a version containing line-by-line redactions of

Protected Material) of the pleading, motion, or paper shall always be filed

on the public docket;
b. an unredacted version of the pleading, motion, or paper shall be e-mailed to

opposing Counsel and, if applicable, to a third party that designated

information in the filing as Protected Material; and

c. following the filing of the redacted version on the public docket, an

unredacted version of the pleading, motion, or paper shall be e-filed with
the Court, with a notation that the material must be filed under seal. The

paper should also include a cover page containing a typed statement in

substantially the following form:

SUBJECT TO PROTECTIVE ORDER – PROTECTED
MATERIAL
The contents of this envelope are filed under seal, have been
designated as Protected Material, and are subject to a Protective
Order of the Court. The contents are not to be made public except
as set forth in the Protective Order or upon further order of the
Court.
A pleading, motion, or paper containing information that a Party has designated as
Protected Material will be treated as filed on the date by which the filing Party

completed (a) and (b). The filing of such a pleading, motion, or paper shall not be

construed as agreement on the part of the filing Party that the information is in fact

24
Protected Material or that filing such information under seal is appropriate. Within

fourteen (14) business days following the conclusion of briefing (or the due date

for filing of a Reply, if no Reply is filed) on the underlying motion or other papers

filed under seal (unless such time is extended by the Parties), the Party or Non-

Party that designated the information as Protected Material may file an omnibus

motion to seal requesting that some or all of the redacted information remain as

such. The Designating Party may move the Court for an extension of time. If no

such timely motion to seal is filed, or upon denial of any such motion, the original

filing Party may file an unredacted version of the pleading, motion, or other paper
on the public docket.

63. Challenges to Sealing Orders by Members of the Public. Any interested member

of the public may challenge the sealing of particular documents that have been

filed under seal, and the Party asserting confidentiality will have the burden of

demonstrating the propriety of filing under seal.
64. Presentation of Protected Material to the Court. With respect to testimony elicited during

hearings, at trial, or at other proceedings before the Court, whenever Counsel for any Party

believes that any question or line of questioning calls for the disclosure of Protected

Material, Counsel may alert the Court to this concern and the Court shall take such action

as it concludes is necessary and appropriate in light of the confidentiality interests at stake
and the public’s right of access. For purposes of any hearing, trial, or other proceeding in

this case, a Party’s failure to have previously challenged the designation of Protected

Material shall not prevent that Party from arguing that the proceeding, including any

discussion of the Protected Material, should proceed publicly.
65. Compliance with Federal and State Law. Nothing contained herein shall alter either Party’s

obligations to maintain and protect information that is privileged or otherwise protected

under state, federal, or common law or to alter the State’s obligations under the Texas
25
Public Information Act. The State shall not make any disclosures of Protected Material

outside of those addressed elsewhere in this Order unless such a disclosure is required by

law and will provide notice of such disclosure to the Designating Party seven (7) days prior

to disclosing Protected Material if permitted by law.
XIV. FINAL DISPOSITION

66. Unless otherwise ordered or agreed in writing by the Producing Party, within 60 days after

the final disposition of this Action, as defined in Section 4, each Receiving Party must

make best efforts to destroy all Protected Material , except: (1) backup tapes or other

disaster recovery systems that are routinely deleted or written over in accordance with an

established routine system maintenance practice, (2) emails sent or received by counsel for

the Receiving Party, (3) documents that must be preserved as government records or in

compliance with other statutory, regulatory, or legal authorities; or (4) work product kept

in the ordinary course of business in which confidential material is referenced or described.

67. As used in this subdivision, “Protected Material” includes all copies, abstracts,

compilations, summaries, and any other format reproducing or capturing any of the

Protected Material. The Receiving Party must promptly thereafter submit a written

certification to the Producing Party (and, if not the same person or entity, to the Designating

Party) within the 60-day period that (1) identifies (by category, where appropriate) all of

the Protected Material that was returned or destroyed and (2) affirms the Receiving Party

has not retained any copies, abstracts, compilations, summaries, or any other format

reproducing or capturing any of the Protected Material. Notwithstanding this provision,

Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial,

deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial

26
exhibits, expert reports, a Party’s own client records, attorney work product, and consultant

and expert work product, even if such materials contain Protected Material. Any such

archival copies that contain or constitute Protected Material remain subject to this Order as

set forth in Section III (DURATION).

Signed August 19, 2025.

BY THE COURT:

__________________________
Hon. Cory Liu
Judge, 250th District Court

27
CAUSE NO. D-1-GN-25-003118

)
) IN THE DISTRICT COURT OF
STATE OF TEXAS,
)
Plaintiff,
) TRAVIS COUNTY,
) TEXAS
v. )
)
TIKTOK INC., TIKTOK LTD., TIKTOK )
PTE. LTD., TIKTOK U.S. DATA ) 250th JUDICIAL DISTRICT
SECURITY INC., BYTEDANCE LTD., and )
BYTEDANCE INC., )
Defendants.

EXHIBIT A

ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

I, [print or type full name], of

[print or type full address], declare under penalty of

perjury that I have read in its entirety and understand the Protective Order that was issued by the

Court in the above-captioned case. I agree to comply with and to be bound by all the terms of this

Protective Order and I understand and acknowledge that failure to so comply could expose me to

sanctions and punishment in the nature of civil and/or criminal contempt. I solemnly promise that

I will not disclose in any manner any information or item that is subject to this Protective Order to

any person or entity except in strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the District Court of Travis County, Texas, for

the purpose of enforcing the terms of this Protective Order, even if such enforcement proceedings

occur after termination of this Action.

I freely and knowingly waive any right I may otherwise have to object to the jurisdiction

of the Court in connection with this Action or any proceedings related to enforcement of this
Protective Order.

PRINT NAME HERE

SIGN NAME HERE

DATE

COUNTY

STATE
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Gessica Taddei on behalf of Richard McCutcheon
Bar No. 24139547
gtaddei@cooperkirk.com
Envelope ID: 108631695
Filing Code Description: Motion
Filing Description: REAL PARTY IN INTEREST STATE OF TEXAS???S
UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL
Status as of 12/2/2025 4:36 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Brandon Duke bduke@omm.com 12/2/2025 4:18:21 PM SENT

Trial Court 250.submission@traviscountytx.gov 12/2/2025 4:18:21 PM SENT

Adam Holtz adam.holtz@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Brian Barnes bbarnes@cooperkirk.com 12/2/2025 4:18:21 PM SENT

David Thompson dthompson@cooperkirk.com 12/2/2025 4:18:21 PM SENT

Adam Laxalt alaxalt@cooperkirk.com 12/2/2025 4:18:21 PM SENT

Madeline Fogel madeline.fogel@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Hannah Campus hannah.campus@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Melinda Pate melinda.pate@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Jerry Bergman jerry.bergman@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Calendar Litigation litigationcalendar@omm.com 12/2/2025 4:18:21 PM SENT

Megan Crowley mcrowley@cov.com 12/2/2025 4:18:21 PM SENT

Richard Mccutcheon richard.mccutcheon@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Zoann Willis zoann.willis@oag.texas.gov 12/2/2025 4:18:21 PM SENT

Rebecca Hermann rebecca.herrmann@oag.texas.gov 12/2/2025 4:18:21 PM SENT