Brocade Communications Systems, Inc. et al v. A10 Networks, Inc. et al

Filing 196

ORDER Appointing Special Master. Signed by Judge Lucy H. Koh on 8/30/2011. (lhklc2, COURT STAFF) (Filed on 8/30/2011)

Case5:10-cv-03428-LHK Document190

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FABIO ELIA MARINO (STATE BAR NO. 183825)
[e-mail]
DENISE M. MINGRONE (STATE BAR NO. 135224)
[e-mail]
SIDDHARTHA VENKATESAN (STATE BAR NO. 245008)
[e-mail]
CHRISTINA VON DER AHE (STATE BAR NO. 255467)
[e-mail]
NITIN GAMBHIR (STATE BAR NO. 259906)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
BROCADE COMMUNICATIONS SYSTEMS, INC. AND
FOUNDRY NETWORKS, LLC

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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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BROCADE COMMUNICATIONS
SYSTEMS, INC., a Delaware corporation, and
FOUNDRY NETWORKS, LLC, a Delaware
limited liability company,

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Plaintiffs,

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Filed08/26/11 Page1 of 2

Case No. 10-cv-03428 LHK
[PROPOSED] ORDER APPOINTING
THE HONORABLE READ AMBLER,
RET., AS SPECIAL MASTER

v.
A10 NETWORKS, INC., a California
corporation; LEE CHEN, an individual;
RAJKUMAR JALAN; an individual; RON
SZETO, an individual; DAVID CHEUNG, an
individual; LIANG HAN, an individual; and
STEVEN HWANG, an individual,
Defendants.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

US_WEST:261311743.1
[PROPOSED] ORDER GRANTING APPOINTMENT OF
SPECIAL MASTER
CASE NO. 10-CV-03428 LHK

Case5:10-cv-03428-LHK Document190

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Filed08/26/11 Page2 of 2

Plaintiffs Brocade Communications Systems, Inc. and Foundry Networks, LLC’s

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(“Plaintiffs”) Motion for Contempt, Expedited Discovery, and Appointment of Special Master

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was heard on August 12, 2011. The Court, after reviewing all papers submitted in support of and

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opposition to the motion, and after hearing oral argument in the matter, granted in part Brocade’s

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request for appointment of a Special Master and ordered the parties to meet and confer and agree

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upon an appointment by August 16, 2011. The parties have so complied and agreed to the

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appointment of Judge Read Ambler, Retired. As a result, Judge Ambler shall serve as Special

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Master in this matter to oversee the collection and production of source code from A10 that

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predates March 8, 2007. This production shall occur on or before September 9, 2011.

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August 30,
DATED: _______________, 2011

Honorable Lucy H. Koh
United States District Judge

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

US_WEST:261311743.1

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[PROPOSED] ORDER GRANTING APPOINTMENT OF
SPECIAL MASTER
CASE NO. 10-CV-03428 LHK