Sabatino v. Rooney et al

Filing 88

STIPULATION AND ORDER re 86 RESOLVING LEAD PLAINTIFF'S EX PARTE APPLICATION [ECF NO. 80] filed by Henry Low. Signed by Judge Edward M. Chen on 2/5/2016. (bpf, COURT STAFF) (Filed on 2/5/2016)

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NICHOLAS I. PORRITT (admitted pro hac vice)
ADAM M. APTON (admitted pro hac vice)
LEVI & KORSINSKY LLP
1101 30th Street NW, Suite 115
Washington, DC 20007
Tel: [phone]
Fax: [phone]

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Attorneys for Lead Plaintiff Henry Low
and Lead Counsel for the Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE ENERGY RECOVERY, INC.
SECURITIES LITIGATION

No. 3:15-cv-00265-EMC
Hon. Edward M. Chen

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[PROPOSED] ORDER GRANTING
STIPULATION REGARDING
AGREEMENT RESOLVING
LEAD PLAINTIFF’S
EX PARTE APPLICATION

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Upon review of the parties Stipulation Regarding Agreement Resolving Lead Plaintiff’s Ex
Parte Application, and good cause appearing therefore,

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IT IS HEREBY ORDERED AS FOLLOWS:

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1.

In the event that the California Petition is granted, and without any admission

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that any of the documents that will be collected from David Barnes are relevant to the

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allegations in the Complaint, Energy Recovery shall treat all documents, data compilations

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(including electronically recorded or stored data), and tangible objects collected from David

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Barnes as if they were the subject of a continuing request for production of documents from an

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opposing party under the Federal Rules of Civil Procedure.

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2.

To the extent Energy Recovery identifies any materials and/or documents in

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David Barnes’ possession that it believes are subject to the terms of the Confidential

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[PROPOSED] ORDER GRANTING STIPULATION RESOLVING LEAD PLAINTIFF’S EX PARTE APPLICATION
IN RE ENERGY RECOVERY, INC. SECURITIES LITIGATION
CASE NO. 3:15-CV-000265-EMC

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Information and Invention Assignment Agreement between Energy Recovery and David

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Barnes, or another confidentiality obligation owed by David Barnes to Energy Recovery,

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Energy Recovery shall create and maintain a detailed log of the materials and/or documents

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received sufficient to identify, describe, recall, and produce the materials and/or documents at a

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later date in this litigation, without waiver of any objections as to their discoverability or

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admissibility.
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Lead Plaintiff’s Ex Parte Application [ECF No. 80] is denied without prejudice.

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DERED
HON. T IS SO OM. CHEN
EDWARD R
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2/5/2016
Dated: ______________

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[PROPOSED] ORDER GRANTING STIPULATION RESOLVING LEAD PLAINTIFF’S EX PARTE APPLICATION
IN RE ENERGY RECOVERY, INC. SECURITIES LITIGATION
CASE NO. 3:15-CV-000265-EMC
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