A10 Networks Inc v. Brocade Communications Systems Inc et al

Filing 55

STIPULATION AND ORDER Permitting A10 Networks, Inc. to File a First Amended Complaint. Signed by Judge Lucy H. Koh on 1/4/2012. (lhklc1, COURT STAFF) (Filed on 1/4/2012)

Case5:11-cv-05493-LHK Document54 Filed01/03/12 Page1 of 3

1
2
3
4
5
6
7
8
9
10
11

LATHAM & WATKINS LLP
Mark A. Flagel (Bar No. 110635)
Ryan E. Hatch (Bar No. 235577)
Jessica C. Kronstadt (Bar No. 267959)
[e-mail]
[e-mail]
[e-mail]
355 South Grand Avenue
Los Angeles, California 90071-1560
Telephone: [phone]
Facsimile: [phone]
LATHAM & WATKINS LLP
Dean G. Dunlavey (Bar No. 115530)
[e-mail]
650 Town Center Drive - 20th Floor
Costa Mesa, California 92626-1925
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
A10 NETWORKS, INC.

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16
17

SAN JOSE DIVISION
A10 NETWORKS, INC.,
a California Corporation,
Plaintiff,

18
19
20

v.
BROCADE COMMUNICATIONS
SYSTEMS, INC., a Delaware Corporation,

21
Defendant.
22

CASE NO. 5:11-cv-05493 LHK
STIPULATION AND [PROPOSED]
ORDER PERMITTING A10 NETWORKS,
INC. TO FILE A FIRST AMENDED
COMPLAINT
Dept:

Courtroom 8, 4th Floor

Judge:

Hon. Lucy H. Koh

23
24
25
26
27
28
ATTORNEYS AT LAW
LOS ANGELES

STIPULATION AND [PROPOSED] ORDER PERMITTING A10
TO FILE A FIRST AMENDED COMPLAINT
CASE NO. 5:11-cv-05493 LHK

Case5:11-cv-05493-LHK Document54 Filed01/03/12 Page2 of 3

1

WHEREAS Plaintiff A10 Networks, Inc. (“A10”) and Defendant Brocade

2

Communications Systems, Inc. (“Brocade”) had agreed to allow A10 to review Brocade

3

confidential information under the provisions of the Protective Order in order to allow for further

4

investigation into the allegations of the Complaint filed in this action; and

5

WHEREAS, further to that agreement, A10 (through its counsel) has reviewed and is

6

continuing to review certain such information and as a result wishes to amend its Complaint in

7

this action;

8
9

IT IS HEREBY STIPULATED, by and between A10 and Brocade, that:
A10 shall be permitted to file its First Amended Complaint on or before January 10,

10

2012. Brocade shall answer or otherwise respond to the First Amended Complaint, and need not

11

answer or otherwise respond to the original Complaint filed in this action.

12
13

Dated: January 3, 2012

14

LATHAM & WATKINS LLP
/s/ Ryan E. Hatch
RYAN E. HATCH
Attorneys for Plaintiff A10 NETWORKS, INC.

15
16
17

Dated: January 3, 2012

ORRICK, HERRINGTON & SUTCLIFFE LLP

18
19

/s/ Fabio E. Marino
FABIO E. MARINO
Attorneys for Defendant
BROCADE COMMUNICATIONS SYSTEMS, INC.

20
21
22
23

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

24
25

Dated: January 4, 2012

26

_____________________________

27

THE HONORABLE LUCY H. KOH
United States District Judge

28
ATTORNEYS AT LAW
LOS ANGELES

1

STIPULATION AND [PROPOSED] ORDER PERMITTING A10
TO FILE A FIRST AMENDED COMPLAINT
CASE NO. 5:11-cv-05493 LHK