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

Filing 916

ORDER GRANTING STIPULATED ADMINISTRATIVE REQUEST TO PERMANENTLY REMOVE INCORRECTLY FILED DOCUMENTS (D.I. 573-1 AND D.I. 573-2), granting 589 . Signed by Judge Paul S. Grewal on 3/25/2013. (ofr, COURT STAFF) (Filed on 3/25/2013)

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ALLEN J. RUBY (STATE BAR NO. 47109)
[e-mail]
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Telephone: [phone] / Facsimile: 650-470-4570
FABIO E. MARINO (STATE BAR NO. 183825)
[e-mail]
MCDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, California 94025
Telephone: [phone] / Facsimile: 650-815-7401
DENISE MINGRONE (STATE BAR NO. 135224)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: [phone] / Facsimile: 650-614-7401
Attorneys for Plaintiffs and Counterclaim Defendants
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,
Plaintiffs and Counterclaim Defendants,
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,

Case No. 5:10-cv-03428 LHK
STIPULATED ADMINISTRATIVE
REQUEST AND [PROPOSED] ORDER
TO PERMANENTLY REMOVE
INCORRECTLY FILED DOCUMENTS
(D.I. 573-1 AND D.I. 573-2)
Judge:

Honorable Lucy H. Koh

Defendants and Counterclaimants.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
S ILICON VALLEY

OHSUSA:750905905.2

STIPULATED REQUEST AND [PROPOSED] ORDER TO
REMOVE INCORRECTLY FILED DOCUMENTS
CASE NO. 5:10-CV-03428 LHK

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IT IS HEREBY STIPULATED by and among Plaintiffs Brocade Communications

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Systems, Inc. and Foundry Networks, LLC (collectively, “Plaintiffs”) and Defendants A10

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Networks, Inc., Lee Chen, Rajkumar Jalan, Ron Szeto, and Liang Han as follows:

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On Tuesday, June 12, 2012, Plaintiffs’ counsel filed an opposition to Defendant A10

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Networks, Inc.’s Objections to Plaintiffs’ Identification of Claims for Trial. Plaintiffs’ counsel

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filed the Declaration of Denise Mingrone in support of these Objections, which attached two

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exhibits. Exhibit A was filed as Docket No. 573-1 and Exhibit B was filed as Docket No. 573-2.

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Pursuant to Local Rule 79.5(b), when electronically filed, Plaintiffs’ counsel inadvertently
filed Exhibits A and B to the Mingrone Declaration as public documents. Plaintiffs’ counsel
submits that these documents should have been filed under seal in their entirety instead.

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After discovery of the error the next morning, Plaintiffs’ counsel contacted the ECF Help

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Desk by email and telephone. The Help Disk put a temporary lock on the documents. Plaintiffs’

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counsel subsequently re-efiled a corrected version of the Mingrone Declaration with Exhibits A

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and B filed under seal. D.I. 574. Plaintiffs’ counsel then filed an Administrative Motion to Seal

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Exhibits A and B to this corrected filing. D.I. 575.

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Plaintiffs’ counsel contacted counsel for the Defendants, who have agreed to stipulate to

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this request that the inadvertently public-filed Exhibits A and B (Docket Nos. 573-1 and 573-2)

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be permanently deleted from the docket.

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Dated: June 18, 2012

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Respectfully Submitted,
ORRICK, HERRINGTON & SUTCLIFFE LLP
/s/ Siddhartha M. Venkatesan
SIDDHARTHA M. VENKATESAN
Attorneys for Plaintiffs and Counterclaim Defendants
BROCADE COMMUNICATIONS SYSTEMS, INC.
and FOUNDRY NETWORKS, LLC

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
S ILICON VALLEY

OHSUSA:750905905.2

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STIPULATED REQUEST AND [PROPOSED] ORDER TO
REMOVE INCORRECTLY FILED DOCUMENTS
CASE NO. 5:10-CV-03428 LHK

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Dated: June 18, 2012

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/s/ Scott R. Mosko
SCOTT R. MOSKO
Attorneys for Defendants
A10 NETWORKS, INC., LEE CHEN, RAJKUMAR
JALAN, RON SZETO, AND STEVEN HWANG

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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.

Dated: June 18, 2012

LOSCH & EHRLICH
/s/ Joseph Ehrlich
JOSEPH EHRLICH
Attorneys for Defendant
LIANG HAN

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Concurrence in the filing of this document has been
obtained from each of the other signatories pursuant to
General Order 45(X)(B).

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Pursuant to the parties’ stipulation and request, IT IS SO ORDERED. Exhibits A and B
to the June 12, 2012 Declaration of Denise M. Mingrone in Support of Plaintiffs’ Opposition to
A10’s Objections, filed as Docket Numbers 573-1 and 573-2, shall be removed from the Court’s
Docket.

Dated: _________________
March 25, 2013

Paul S. Grewal
United States Magistrate Judge

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
S ILICON VALLEY

OHSUSA:750905905.2

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STIPULATED REQUEST AND [PROPOSED] ORDER TO
REMOVE INCORRECTLY FILED DOCUMENTS
CASE NO. 5:10-CV-03428 LHK