Securities And Exchange Commission v. Berry

Filing 98

STIPULATION AND ORDER for Shortened Time re 97 Stipulation filed by Lisa C. Berry. Signed by Magistrate Judge Howard R. Lloyd on 6/12/2009. (hrllc1, COURT STAFF) (Filed on 6/12/2009)

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MELINDA HAAG (SBN 132612) [e-mail] JAMES A. MEYERS (ADMITTED PRO HAC VICE) [e-mail] JAMES N. KRAMER (SBN 154709) [e-mail] NANCY E. HARRIS (SBN 197042) [e-mail] REBECCA F. LUBENS (SBN 240683) [e-mail] SHANEEDA JAFFER (SBN 253449) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Lisa C. Berry

** E-filed 06/12/09 **

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. LISA C. BERRY, Defendant. Case No. C 07 4431 (RMW) (HRL) STIPULATION AND [PROPOSED] ORDER FOR SHORTENED TIME FOR HEARING LISA C. BERRY'S MOTION FOR PROTECTIVE ORDER Civil L. R. 6-1(a) Magistrate Judge Howard R. Lloyd Date: July 14, 2009 Time: 10:00 AM SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. KENNETH L. SCHROEDER, Defendant.
STIPULATION AND [PROPOSED] ORDER FOR HEARING ON SHORTENED TIME C 07 4431 (RMW) (HRL)/ C 07 3798 (JW) (HRL)

Case No. C 07 3798 (JW) (HRL)

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STIPULATION WHEREAS, on May 21, 2009, Kenneth L. Schroeder served on Lisa C. Berry a Fed. R. Civ. P. Rule 45 subpoena for her deposition on September 9, 2009 and September 10, 2009 in SEC v. Schroeder, Case No. 07-3798 (JW) (HRL) ("Schroeder Action"); WHEREAS, on May 28, 2009, Plaintiff Securities and Exchange Commission ("SEC") noticed the deposition of Defendant Lisa C. Berry for June 18, 2009 and June 19, 2009 in SEC v. Berry, Case No. 07-4431 (RMW) (HRL) ("Berry Action"); WHEREAS, counsel for Ms. Berry has met and conferred with counsel for Mr. Schroeder and the SEC regarding her objections to the timing of both of the aforementioned depositions; WHEREAS, counsel for Ms. Berry has also met and conferred with counsel for Mr. Schroeder and the SEC regarding her request that her deposition and depositions of third party witnesses currently or formerly employed at KLA-Tencor Corporation to be conducted in both of the above-captioned cases be held jointly; WHEREAS, Ms. Berry intends to file a motion in the Berry and Schroeder Actions for a protective order concerning the SEC's deposition notice and Mr. Schroeder's deposition subpoena. Ms. Berry also intends to ask that her deposition and the depositions of third party witnesses currently or formerly employed at KLA-Tencor Corporation to be conducted in both of the above-captioned cases be held jointly; WHEREAS, Ms. Berry, Mr. Schroeder, and the SEC agree, subject to the Court's approval, that the hearing on Ms. Berry's motion should take place on July 14, 2009; WHEREAS, the SEC accordingly intends to re-notice Ms. Berry's deposition for July 22, 2009 and July 23, 2009; WHEREAS, Ms. Berry, the SEC and Mr. Schroeder seek an expedited hearing for her motion for protective order; WHEREAS, Ms. Berry, the SEC and Mr. Schroeder have agreed to an expedited briefing schedule for Ms. Berry's motion for protective order whereby Ms. Berry shall file and serve her motion no later than June 16, 2009, the SEC and Mr. Schroeder shall file and serve their respective responses no later than June 23, 2009, and Ms. Berry shall file and serve her reply on
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STIPULATION AND [PROPOSED] ORDER FOR HEARING ON SHORTENED TIME C 07 4431 (RMW) (HRL)/ C 07 3798 (JW) (HRL)

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June 30, 2009; NOW THEREFORE, the parties hereby stipulate, and request that the Court order, as follows: 1. Ms. Berry shall file and serve her motion for a protective order and other relief no later than June 16, 2009. 2. The SEC and Mr. Schroeder shall file and serve their respective responses no later than June 23, 2009; 3. 4. Ms. Berry shall file and serve her reply no later than June 30, 2009; and The Court will hear oral argument on July 14, 2009 or at its earliest convenience.

IT IS SO STIPULATED.

Dated: June 11, 2009

MELINDA HAAG JAMES A. MEYERS JAMES N. KRAMER NANCY E. HARRIS REBECCA F. LUBENS SHANEEDA JAFFER Orrick, Herrington & Sutcliffe LLP

/s/ Melinda Haag MELINDA HAAG Attorneys for Defendant Lisa C. Berry Dated: June 11, 2009 MARC J. FAGEL SUSAN F. LA MARCA MARK P. FICKES JEREMY E. PENDREY ELENA RO Securities and Exchange Commission

/s/ Susan F. La Marca SUSAN F. LA MARCA Attorneys for Plaintiff Securities and Exchange Commission

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STIPULATION AND [PROPOSED] ORDER FOR HEARING ON SHORTENED TIME C 07 4431 (RMW) (HRL)/ C 07 3798 (JW) (HRL)

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Dated: June 11, 2009

SHIRLI F. WEISS DAVID A. PRIEBE JEFFREY B. COOPERSMITH DLA Piper LLP

/s/ Shirli F. Weiss SHIRLI F. WEISS Attorneys for Defendant Kenneth L. Schroeder

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Rebecca Lubens, attest that concurrence in the filing of this document has been obtained from all signatories. Dated: June 11, 2009 REBECCA F. LUBENS Orrick, Herrington & Sutcliffe LLP /s/ Rebecca F. Lubens REBECCA F. LUBENS Attorneys for Defendant Lisa C. Berry

PURSUANT TO STIPULATION, IT IS SO ORDERED.

June 12, 2009 Dated: _________________

_________________________________________ Hon. Magistrate Judge Howard R. Lloyd

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STIPULATION AND [PROPOSED] ORDER FOR HEARING ON SHORTENED TIME C 07 4431 (RMW) (HRL)/ C 07 3798 (JW) (HRL)