Securities And Exchange Commission v. Berry

Filing 305

STIPULATION AND SCHEDULING ORDER 304 . Signed by Judge Ronald M. Whyte on 8/29/11. (jg, COURT STAFF) (Filed on 8/29/2011)

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MORGAN, LEWIS & BOCKIUS LLP
JOSEPH E. FLOREN, STATE BAR NO. 168292
[e-mail]
REBECCA A. FALK, State Bar No. 226798
[e-mail]
MICHELLE PARK CHIU, State Bar. No. 248421
[e-mail]
ONE MARKET, SPEAR STREET TOWER
SAN FRANCISCO, CA 94105-1126
TEL: [phone]; FAX: [phone]

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Attorneys for Non-Party
KLA-TENCOR CORPORATION

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ADDITIONAL COUNSEL LISTED ON
SIGNATURE BLOCK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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LISA C. BERRY,

STIPULATION AND []
SCHEDULING ORDER

vs.

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Case No. C-07-cv-4431 RMW (HRL)

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Honorable Ronald M. Whyte
Defendant.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [ SCHEDULING ORDER
DB2/ 22631748.1

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WHEREAS, on June 28, 2011, the Court issued an Order Granting in Part and Denying in

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Part Lisa C. Berry’s Administrative Motion to File Under Seal [Re Docket No. 240] (Dkt. 253),

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which required persons who have claimed confidentiality over any document attached to Ms.

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Berry’s motion for summary judgment to produce an itemized description of the confidentiality

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basis for each document and a proposed order narrowly tailored to the confidential information by

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August 29, 2011;

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WHEREAS, on July 27, 2011, the Court issued an Order Granting Securities and

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Exchange Commission’s Administrative Motion to Provisionally Seal Filings in Opposition to

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Motion for Partial Summary Judgment (Dkt. 274) that ordered the Commission maintain certain

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documents filed under seal until further notice from the Court in accordance with Dkt. No. 253;

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WHEREAS, on July 27, 2011, the Court issued an Order Granting Lisa C. Berry’s

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Administrative Motion to File Under Seal Pursuant to Stipulated Protective Orders, Civil L.R. 79-

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5 and General Order 62 (Dkt. 275) that ordered that certain documents be filed under seal until

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further notice from the Court;

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WHEREAS on August 10, 2011, the Court issued an Order Granting Lisa C. Berry’s

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Administrative Motion to File Under Seal Pursuant to Stipulated Protective Orders, Civil L.R. 79-

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5 and General Order 62 (Dkt. 290) that certain documents be maintained under seal until further

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notice from the Court in accordance with Dkt. No. 253;

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WHEREAS, non-parties KLA-TENCOR CORPORATION (“KLA”), JUNIPER

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NETWORKS, INC. (“Juniper”) and ERNST & YOUNG LLP (“E&Y”) designated certain

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documents and deposition excerpts as confidential that were to be maintained under seal pursuant

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to the Court’s orders (Dkt. Nos. 253, 274, 275, 290), and were to produce an itemized description

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of the confidentiality basis for each of those documents and a proposed order narrowly tailored to

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the confidential information by August 29, 2011;

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WHEREAS, on August 19, 2011, Plaintiff Securities and Exchange Commission (“SEC”)

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and Defendant Lisa C. Berry (“Ms. Berry”) (collectively, the “Parties”) filed a Stipulation and

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Proposed Scheduling Order (Dkt. 302) resetting the dates for trial to commence, the pretrial

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conference, and the hearing on pending motions for partial summary judgment;

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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SAN FRANCISCO

STIPULATION AND [] SCHEDULING ORDER
DB2/ 22631748.1

MDL 1917

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WHEREAS, on August 23, 2011, the Court approved the Stipulation and Scheduling

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Order (Dkt. 303) resetting the dates for trial to commence to January 9, 2010, the pretrial

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conference to December 15, 2011, and the hearing on pending motions for partial summary

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judgment to November 18, 2011;

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WHEREAS the undersigned parties and non-parties agree that a comparable extension of

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the date by which persons who have claimed confidentiality over any documents or deposition

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excerpts that are currently maintained under seal pursuant to the Court’s orders is desirable to

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avoid undue burden and expense for the Court, parties and non-parties;

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IT IS HEREBY STIPULATED AND AGREED, by and between undersigned counsel
that:
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The date for non-parties KLA, Juniper and E&Y to produce an itemized

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description of the confidentiality basis for documents and deposition excerpts currently

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maintained under seal pursuant to the Court’s orders and to submit a proposed order narrowly

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tailored to the confidential information is extended to November 21, 2011, which is a comparable

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date to the schedule currently in place for making this submission.

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IT IS SO STIPULATED.
DATED: August 24, 2011

Respectfully submitted,

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By /s/ Michelle Park Chiu
Michelle Park Chiu
MORGAN, LEWIS & BOCKIUS LLP
E-mail: [e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]; Fax: [phone]

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Attorneys for Non-Party
KLA-TENCOR CORPORATION

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By /s/ Susan LaMarca
Susan F. LaMarca
Email: [e-mail]
44 Montgomery Street, Suite 2600
San Francisco, CA 94104
Tel: [phone]

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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SAN FRANCISCO

STIPULATION AND [] SCHEDULING ORDER
DB2/ 22631748.1

MDL 1917

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Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

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By /s/ Rebecca F. Lubens
Rebecca F. Lubens
Email: [e-mail]
ORRICK, HERRINGTON & SUTCLIFFE
LLP
405 Howard Street
San Francisco, CA 94105
Tel: [phone]

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Attorneys for Defendant
LISA C. BERRY

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By /s/ Joel E. Bonner
Joel E. Bonner
Email: joel. [e-mail]
ERNST & YOUNG LLP
725 Figueroa Street
Los Angeles, CA 90017
Tel: [phone]

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Attorney for Non-Party
ERNST & YOUNG

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By /s/ Joni L. Ostler
Joni L. Ostler
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304
Tel: [phone]

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Attorneys for Non-Party
JUNIPER NETWORKS, INC.

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Pursuant to General Order No. 45, Electronic Case Filing § X-B, the filer attests that
concurrence in the filing of this document has been obtained from each of the above signatories.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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SAN FRANCISCO

STIPULATION AND [] SCHEDULING ORDER
DB2/ 22631748.1

MDL 1917

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ORDER
Pursuant to the stipulation of the parties, and for good cause shown, the Court resets the

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date by which any person who has claimed confidentiality over any documents attached to the

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parties’ motions for summary judgment evidentiary objections must produce an itemized

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description of the confidentiality basis for each document and a proposed order narrowly tailored

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to the confidential information to November 21, 2011.

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DATED:____________________________

____________________________________
Hon. Ronald M. Whyte
United States District Judge

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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SAN FRANCISCO

STIPULATION AND [] SCHEDULING ORDER
DB2/ 22631748.1

MDL 1917