Quantum Corporation v. Riverbed Technology, Inc.

Filing 199

STIPULATION AND ORDER MODIFYING PROTECTIVE ORDER. Signed by Judge Alsup on September 2, 2008. (whalc1, COURT STAFF) (Filed on 9/2/2008)

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[COUNSEL LISTED ON SIGNATURE PAGES]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RIVERBED TECHNOLOGY, INC., a Delaware corporation, Counterclaimant, vs. QUANTUM CORPORATION, a Delaware corporation, Counterdefendant. QUANTUM CORPORATION, a Delaware corporation, Counterclaimant, vs. RIVERBED TECHNOLOGY, INC., a Delaware corporation, Counterdefendant. CASE NO. C 07-04161 WHA STIPULATED MODIFICATION TO STIPULATED PROTECTIVE ORDER [DOCKET NO. 31]; AND STIPULATED WITHDRAWAL OF RIVERBED TECHNOLOGY, INC.'S MOTION TO MODIFY SECTION 7.5 OF THE STIPULATED PROTECTIVE ORDER [DOCKET NO. 193]

51198/2613116.1 Case No. C07-04161 WHA

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STIPULATED MODIFICATION TO STIPULATED PROTECTIVE ORDER

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WHEREAS Riverbed Technology, Inc. ("Riverbed") and Quantum Corporation ("Quantum") filed a Stipulated Protective Order on December 12, 2007 (Docket No. 31); WHEREAS the Court approved the Stipulated Protective Order subject to stated conditions on December 14, 2007 (Docket No. 33); WHEREAS Riverbed filed a motion to modify the Stipulated Protective Order on August 20, 2008 (Docket No. 193); WHEREAS Riverbed filed a stipulated request to shorten time on Riverbed's motion to modify on August 20, 2008 (Docket No. 196); WHEREAS the parties have met and conferred and have agreed to modify Paragraph 7.5 of the Stipulated Protective Order to resolve all issues raised in Riverbed's motion to modify (Docket No. 193); THEREFORE Riverbed and Quantum, by and through their respective counsel, hereby stipulate and agree to the entry of the following modification to the Stipulated Protective Order and Riverbed agrees to withdraw its motion to modify (Docket No. 193) and the stipulated request to shorten time (Docket No. 196):

The following language shall be added to Section 7.5(a) of the Protective Order:

(6) To the extent the Party seeking disclosure of "Highly Confidential -- Attorneys' Eyes Only" information or items is unable to provide full disclosure under Section 7.5(a)(1) through (5) of this Protective Order due to an Expert's contractual obligations to any person or entity not involved in the present dispute, the Party seeking disclosure shall so indicate. In such a circumstance, in addition to Executing Exhibit A to this Protective Order, the Expert in question shall sign a declaration stating that, to the best of his or her knowledge, he or she has not received compensation from or provided professional services for any of the Designating Party's competitors within the past five years. If the Designating Party so desires, the Expert in question shall also review a list of the Designated Party's competitors for the purpose of confirming that he or she has not received compensation from or provided professional services for said competitors within the past five years.

51198/2613116.1 Case No. C07-04161 WHA

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STIPULATED MODIFICATION TO STIPULATED PROTECTIVE ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. By his signature below, counsel for Riverbed attests that counsel for Quantum whose electronic signature is provided has concurred in this filing. Dated: August 22, 2008

SHEPPARD MULLIN RICHTER & HAMPTON LLP By: /s/ Nathaniel Bruno________________ Amar L. Thakur 12275 El Camino Real, Suite 200 San Diego, California 92130 Telephone: [phone] Facsimile: 858-509-3691 Nathaniel Bruno Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4106 Telephone: [phone] Facsimile: 415.434.3947 Attorneys for QUANTUM CORPORATION

Dated: August 22, 2008

QUINN EMANUEL URQUHART OLIVER & LLP By: /s/ Todd M. Briggs_________________ Claude M. Stern Todd M. Briggs 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: 650-801-5100 Attorneys for RIVERBED TECHNOLOGY, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.
S DISTRICT TE C TA

UNIT ED

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51198/2613116.1 Case No. C07-04161 WHA

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Honorable William H. Alsup ER N United States District JudgeF C DI TO
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STIPULATED MODIFICATION TO STIPULATED PROTECTIVE ORDER

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Dated:

September 2, 2008

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