Central States, Southeast and Southwest Areas Pension Fund v. JDS Uniphase Corporation et al

Filing 10

ORDER re 9 granting STIPULATION Re Confidentiality. Signed by Judge Claudia Wilken on 5/8/07. (Attachments: # 1 Exhibit 1)(scc, COURT STAFF) (Filed on 5/8/2007)

Central States, Southeast and Southwest Areas Pension Fund v. JDS Uniphase Corporation et al

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Case 4:07-cv-00584-CW

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[COUNSEL LISTED ON SIGNATURE PAGES]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Plaintiff,

Master File No. C-07-0584 CW (EDL) STIPULATION AND ORDER RE CONFIDENTIALITY

14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDS UNIPHASE CORPORATION, JOZEF STRAUS, KEVIN N. KALKHOVEN, ANTHONY R. MULLER, and CHARLES J. ABBE, Defendants.

STIPULATION AND [PROPOSED] ORDER REGARDING CONFIDENTIALITY MASTER FILE NO. C-07-0584 CW (EDL) sf-2308917
Dockets.Justia.com

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WHEREAS Plaintiff Central States, Southeast and Southwest Areas Pension Fund ("Central States") has opted out of the class certified in by the Court in In re JDS Uniphase Corporation Securities Litigation, Master File No. C-02-1486 CW (EDL) (the "Related Class Action"); WHEREAS Central States has filed this action, which arises from the same facts and circumstances as the Related Class Action; WHEREAS Central States is seeking discovery that was produced in the Related Class Action; WHEREAS certain discovery in the Related Class Action was produced subject to the Court's September 21, 2005 Order Regarding Confidentiality (the "Confidentiality Order" (copy attached as Exhibit 1)); and WHEREAS the parties agree that Central States should be added as a party to the Confidentiality Order in the Related Class Action; IT IS HEREBY STIPULATED by and between the parties in this action and the Related Class Action, through their counsel of record, that: 1. 2. 3. Central States shall be deemed a party to the Confidentiality Order; The Confidentiality Order shall be deemed to apply to Central States' case; All parties shall be bound by the Confidentiality Order's provisions, except as

modified below. To the extent Central States has requested or requests from defendants nonparty discovery produced in the Related Class Action subject to the Confidentiality Order, the following procedure shall be followed: a. Within 10 days of Central States' request (or, with respect to Central States' existing document requests, no later than 10 days from entry of this proposed order), defendants shall provide Central States with a list of the non-parties whose documents, testimony, or other discovery materials are called for in Central States' request. The list shall specify whether defendants have contact information for the non-parties on the list. 2

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b. Central States shall specify the non-parties identified on the list described in paragraph 3(a), above, whose documents, testimony, or other discovery materials Central States wishes to obtain. c. To the extent defendants have contact information for non-parties identified pursuant to paragraph 3(b), above, defendants shall notify the relevant non-parties in writing about Central States' request. The notice may be sent by U.S. Mail and shall be sent no later than 7 days after Central States identifies non-parties pursuant to paragraph 3(b), above. The notice shall include a copy of the Confidentiality Order and tell the relevant non-parties that they have 21 days from the date of the notice to object to the Central States' request. Documents, testimony, or other discovery materials produced by the relevant non-parties shall not be produced to Central States until either the 21-day period for objecting has passed or any objections by the relevant non-parties have been resolved, whichever is later. d. To the extent defendants do not have contact information for the non-parties identified pursuant to paragraph 3(b), above, the parties in the Central States case shall meet and confer to determine the most efficient way to provide the notice described in paragraph 3(c), above -- including which party shall provide the notice. For the purposes of defendants' responses to discovery served in the Central States

case only, this order shall supersede the Confidentiality Order's provisions with respect to notifying non-parties about requests for discovery that the non-parties produced in the Related Class Action.

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Dated: May 4, 2007 JORDAN ETH TERRI GARLAND PHILIP T. BESIROF MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] Facsimile: [phone]

By:

/s/ Jordan Eth Jordan Eth Attorneys for Defendants JDS Uniphase Corporation, Charles J. Abbe, Jozef Straus, and Anthony Muller

Dated: May 4, 2007 MICHAEL J. SHEPARD HOWARD S. CARO HELLER EHRMAN LLP 333 Bush Street San Francisco, California 94104-2878 MICHAEL L. CHARLSON HELLER EHRMAN LLP 275 Middlefield Road Menlo Park, California 94025-3506

By:

/s/ Howard S. Caro Howard S. Caro Attorneys for Defendant Kevin Kalkhoven

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Dated: May 4, 2007 LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP CHRISTOPHER P. SEEFER JASON C. DAVIS

By: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 4, 2007

/s/ Christopher P. Seefer Christopher P. Seefer

100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP WILLIAM S. LERACH SPENCER A. BURKHOLZ 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] (fax) Attorneys for Plaintiff Central States, Southeast and Southwest Areas Pension Fund

JOSEPH T. TABACCO, JR. CHRISTOPHER T. HEFFELFINGER BERMAN DeVALERIO PEASE TABACCO BURT & PUCILLO 425 California Street San Francisco, CA 94104-2205 Telephone: [phone] Facsimile: [phone] BARBARA J. HART JONATHAN M. PLASSE ANTHONY HARWOOD MICHAEL W. STOCKER JON ADAMS

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LABATON SUCHAROW & RUDOFF LLP 100 Park Avenue New York, NY 10017-5563 Telephone: [phone] Facsimile: [phone]

By:

/s/ Anthony Harwood Anthony Harwood Counsel for Lead Plaintiff Connecticut Retirement Plans and Trust Funds

PURSUANT TO STIPULATION, IT IS SO ORDERED. 5/8 Dated: __________, 2007 HONORABLE CLAUDIA WILKEN United States District Judge

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I, Jordan Eth, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Re Confidentiality. In compliance with General Order 45, X.B., I hereby attest that Howard S. Caro, attorney for Kevin Kalkhoven, Christopher P. Seefer, attorney for Central States, Southeast and Southwest Areas Pension Fund , and Anthony

5 6 7 8 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING CONFIDENTIALITY MASTER FILE NO. C-07-0584 CW (EDL) sf-2308917

Harwood, attorney for Lead Plaintiff, have concurred in this filing. Dated: May 4, 2007 MORRISON & FOERSTER LLP

/s/ Jordan Eth Jordan Eth Attorneys for Defendants JDS Uniphase Corporation, Charles J. Abbe, Jozef Straus, and Anthony Muller

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