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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1 2 3 4 HON. READ AMBLER (RET.) State Bar No. 44156 JAMS 160 West Santa Clara Street Suite 1600 San Jose, California 95113 (408) 288-2240 Fax (408) 295-5267 5 Special Master 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 BROCADE COMMUNICATIONS SYSTEMS, INC., a Delaware corporation, and FOUNDRY NETWORKS, LLC, a Delaware limited liability company, 15 Plaintiffs, Case No. 10-cv-03428 LHK [PROPOSED] AMENDED ORDER APPOINTING THE HONORABLE READ AMBLER, RET., AS SPECIAL MASTER 16 v. 17 18 19 20 21 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. 22 23 24 25 26 27 28 [PROPOSED] AMENDED ORDER GRANTING APPOINTMENT OF SPECIAL MASTER CASE NO. 10-CV-03428 LHK 1 Plaintiffs Brocade Communications Systems, Inc. and Foundry Networks, LLC’s 2 (“Plaintiffs”) Motion for Contempt, Expedited Discovery, and Appointment of Special Master 3 was heard on August 12, 2011. The Court, after reviewing all papers submitted in support of and 4 opposition to the motion, and after hearing oral argument in the matter, granted in part Brocade’s 5 request for appointment of a Special Master and ordered the parties to meet and confer and agree 6 upon an appointment by August 16, 2011. The parties complied and agreed to the appointment of 7 Judge Read Ambler (Ret.), and in an Order of this Court dated August 30, 2011, he was appointed 8 “to oversee the collection and production of source code from A10 that predates March 8, 2007… 9 (which) production shall occur on or before September 9, 2011.” (“Order”.) 10 Upon further consideration the Order is hereby modified as follows: 11 1. A neutral forensic expert shall be retained and appointed by the Special Master at the 12 parties’ expense, to assist him in his assigned duties. Counsel shall promptly meet and 13 confer and try to agree upon a nominee; but if they cannot so agree, each party shall 14 not later close of business on Monday, September 12, 2011, submit to the Special 15 Master a nominee together with a statement of qualifications, which shall address any 16 conflicts of interest the nominee may have herein; 17 2. The Special Master and neutral expert shall meet and confer to determine whether a 18 site visit to A10 is appropriate. Such site visit to A10 may then be scheduled and 19 conducted as the Special Master deems necessary. 20 3. Each A10 employee who was employed by A10 as of March 8, 2007 and was 21 responsible in any way for writing source code for the accused AX devices (“A10 22 source code”) shall provide a declaration under penalty of perjury confirming that A10 23 has images of any such pre-release source code which predates March 8, 2007, that 24 such employee may have worked on and/or stored on any devices. All declarations 25 shall be submitted to the Special Master on or before September 15, 2011. The Special 26 Master may, upon a showing of good cause, extend this date. 27 4. All A10 source code pre-dating March 8, 2007 shall be deposited at Iron Mountain per 28 the prior orders entered in this action on or before September 23, 2011. The Special - 2- [PROPOSED] AMENDED ORDER GRANTING APPOINTMENT OF SPECIAL MASTER CASE NO. 10-CV-03428 LHK 1 Master may, upon a showing of good cause, advance or extend this date. 2 5. The fees and costs of both the Special Master and appointed neutral forensic expert 3 shall be borne equally by both parties subject to a provision that such costs may be 4 reallocated at a later date based upon a showing of good cause. Such showing must be 5 established through a noticed motion before the Honorable Lucy H. Koh with an 6 opportunity for the parties to be heard prior to the issuance of any reallocation order. 7 8 September 9 DATED: _______________, 2011 Honorable Lucy H. Koh United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- [PROPOSED] AMENDED ORDER GRANTING APPOINTMENT OF SPECIAL MASTER CASE NO. 10-CV-03428 LHK

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