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

Filing 204

AMENDED ORDER REGARDING APPOINTMENT OF SPECIAL MASTER. Signed by Judge Lucy H. Koh on 9/9/2011. (lhklc2, COURT STAFF) (Filed on 9/9/2011)

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HON. READ AMBLER (RET.)
State Bar No. 44156
JAMS
160 West Santa Clara Street
Suite 1600
San Jose, California 95113
[phone]
Fax [phone]

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Special Master
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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,

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

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

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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 complied and agreed to the appointment of

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Judge Read Ambler (Ret.), and in an Order of this Court dated August 30, 2011, he was appointed

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“to oversee the collection and production of source code from A10 that predates March 8, 2007…

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(which) production shall occur on or before September 9, 2011.” (“Order”.)

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Upon further consideration the Order is hereby modified as follows:

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1. A neutral forensic expert shall be retained and appointed by the Special Master at the

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parties’ expense, to assist him in his assigned duties. Counsel shall promptly meet and

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confer and try to agree upon a nominee; but if they cannot so agree, each party shall

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not later close of business on Monday, September 12, 2011, submit to the Special

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Master a nominee together with a statement of qualifications, which shall address any

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conflicts of interest the nominee may have herein;

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2. The Special Master and neutral expert shall meet and confer to determine whether a

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site visit to A10 is appropriate. Such site visit to A10 may then be scheduled and

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conducted as the Special Master deems necessary.

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3. Each A10 employee who was employed by A10 as of March 8, 2007 and was

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responsible in any way for writing source code for the accused AX devices (“A10

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source code”) shall provide a declaration under penalty of perjury confirming that A10

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has images of any such pre-release source code which predates March 8, 2007, that

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such employee may have worked on and/or stored on any devices. All declarations

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shall be submitted to the Special Master on or before September 15, 2011. The Special

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Master may, upon a showing of good cause, extend this date.

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4. All A10 source code pre-dating March 8, 2007 shall be deposited at Iron Mountain per

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the prior orders entered in this action on or before September 23, 2011. The Special
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[PROPOSED] AMENDED ORDER GRANTING
APPOINTMENT OF SPECIAL MASTER
CASE NO. 10-CV-03428 LHK

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Master may, upon a showing of good cause, advance or extend this date.

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5. The fees and costs of both the Special Master and appointed neutral forensic expert

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shall be borne equally by both parties subject to a provision that such costs may be

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reallocated at a later date based upon a showing of good cause. Such showing must be

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established through a noticed motion before the Honorable Lucy H. Koh with an

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opportunity for the parties to be heard prior to the issuance of any reallocation order.

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September 9
DATED: _______________, 2011
Honorable Lucy H. Koh
United States District Judge

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