Radware, LTD. et al v. A10 Networks, Inc.

Filing 133

ORDER re Joint Discovery Dispute No. 1 re Smadar Fuks Deposition. Signed by Judge Ronald M. Whyte on 3/6/14. (rmwlc1, COURT STAFF) (Filed on 3/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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RADWARE, LTD.; RADWARE, INC.,

Case Nos. C-13-02021, C-13-02024 RMW
(related)

Plaintiffs, Counterclaim-Defendants,
v.
A10 NETWORKS, INC.,

ORDER RE: JOINT DISCOVERY
DISPUTE NO. 1 RE SMADAR FUKS
DEPOSITION

Defendant, Counterclaim-Plaintiff.
RADWARE, LTD.; RADWARE, INC.,
Plaintiffs, Counterclaim-Defendants,
v.

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F5 NETWORKS, INC.,
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Defendant, Counterclaim-Plaintiff.
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The issue regarding Smadar Fuks’ deposition is back before the court after the parties could

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not agree to a stipulation, despite having agreed in principle to a stipulation which was read into the

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record at the hearing on February 14, 2014. The court has reviewed the papers submitted by both

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parties, including the parties’ correspondence following the February 14, 2014 hearing leading to

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the instant dispute. Below is a draft stipulation prepared by the court. The court has considered the
ORDER RE DISCOVERY DISPUTE NO. 1
Case Nos. C-13-2021-RMW, C-13-2024 RMW
RDS

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parties’ respective concerns in preparing the draft stipulation. If the parties cannot agree to this or

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any other stipulation prior to 5 p.m. (PST) on Tuesday, March 11, 2014, the court will schedule a

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case management conference for Wednesday, March 12, 2014 at 3:00 p.m. to otherwise resolve this

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issue.

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Draft stipulation:

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A10 Networks, Inc. (“A10”), F5 Networks, Inc. (“F5”), Radware, Ltd. and Radware, Inc.

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(collectively, “Radware”), and Smadar Fuks agree as follows:

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A10 and F5 may take the deposition of Smadar Fuks at a mutually convenient location in

United States District Court
For the Northern District of California

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Israel. The deposition will take place before the end of April, though the parties will reasonably

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accommodate Ms. Fuks should holidays or other reasonable conflicts prevent a deposition within

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this timeframe. The deposition will last for up to 10 hours, but will be reasonably extended should

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any translation issues materially slow the deposition. The deposition will follow standard American

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procedures under the Federal Rules of Civil Procedure. A10 and F5 may ask Ms. Fuks any question,

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except as to her current employment or issues of privilege. Ms. Fuks by participating in the

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deposition will not subject herself to the jurisdiction of the United States except to the extent

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necessary to carry out this stipulation.

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Additional time for the deposition for questioning by Radware may be agreed upon by Ms.

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Fuks and Radware. Any Radware questioning will not count against the 10 hours given A10 and F5

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for Ms. Fuks’ deposition, and A10 and F5 will have the right to re-cross Ms. Fuks should Radware

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take direct testimony from Ms. Fuks and raise new unforeseen facts.

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The motion to compel and the motion for issuance of a letter of request remain under

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submission. This stipulation is binding on Ms. Fuks. Should Ms. Fuks renege on this stipulation, the

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motion to compel and the motion for issuance of a letter of request will be promptly reconsidered by

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the court.

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ORDER RE DISCOVERY DISPUTE NO. 1
Case Nos. C-13-2021-RMW, C-13-2024 RMW
RDS

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Dated: March 6, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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ORDER RE DISCOVERY DISPUTE NO. 1
Case Nos. C-13-2021-RMW, C-13-2024 RMW
RDS

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