Idea Transcript
4 5 6 7
8
ROBERT C. VANDERET (StateBar No. 58524) SETH ARONSON (State Bar No. 100 153) O'MELVENY & MYERS LLP 400 South Hope Street Los Angeles, California 90071-2899 (2 13) 669-6000 DANIEL H. BOOKIN (State BarNo. 78996) O'MELVENY & MYERS LLP 275 Battery Street San Francisco, California 94111-3305 (415 ) 984-8700 Attorneys for Defendants
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
S A N JOSE DIVISION
12 13
JOANNE HOFFMAN, etc.,
14
Plaintiff,
15 16
V.
AVANT! CORPORATION; et al.,
17
CASE NO. C-97-20698-RMW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] PROTECTIVE ORDER
Defendants.
18 19 20 21
In Re: AVANT! SECURITIES LITIGATION
CASE NO. C-96-20 132-RMW
22 23
This Document RelatesTo: All Actions
24 25
WHEREAS, the partiesin Joanne Hofian, etc. v. Avant! Corporation, et
26
produced al., C-97-20698-RMW (the"Class Action") recognize that certain information
27
in Cadence Design Systems, Inc. v. Avant!, Inc.,formerly ARCSYS, Inc., et al., C-95-
28
20828-RMW (the "InfiingementAction") is potentially relevantto and discoverable inth LA2443063.1
1
related Class Action; WHEREAS, in order to obtain access to the discovery and disclosures in the
2
3
Infringement Action, plaintiffsin the Class Action agree be to bound by the terms of the
4
Protective Order entered on December 21, 1995 (the "Protective Order") in the
5
Infringement Action, acopy of which is attached hereto as Exhibit 1, until such time as a
6
protective order is entered in this Class Action, whichshall then control the protections
7
afforded the discovery;
8 9
THEREFORE, theplaintiffs in the Class Action, through their respective attorneys of record, herebystipulate and agree to be bound by and subject to the
10
Protective Order with respect to disclosures and discovery from the Infringement Action
11
produced in connection withthis proceeding.
12 13 14
DATED: D e c e m b e R 1998
GOLD BENNETT & CERA LLP
15 16
By:
17
JOANNE HOFFMAN, etc.
18 19
20 21 22 23 24 25 26 27 28 JA2443063.1
2
PROTECTIVE ORDER
1 2
Based upon the foregoingstipulation of the parties, and good cause
3
4
appearing therefor,
5
1.
The Protective Order is hereby modified, in accordance with
6
Paragraph 11 of that Order, toallow plaintiffs in the Class Action access to the discovery
7
and disclosures, produced and to be produced in the Infringement Action; 2.
8
9
All discovery from the Infiingement Action which is produced,
given
or otherwise disclosed to the Class Action plaintiffs shall be subject to the terms the of
10
Protective Order and, with respect to such discovery from the Infringement Action,
11
plaintiffs in the Class Action shall be subject to the terms of the Order until such time a as
12
protective orderis entered in the Class Action.
IT IS SO ORDERED.
13 14 15 16
Dated:
17 18 19
ona yte UniEd S Z t g D z c t Judge
20 21 22 23 24 25 26 27 28 LA2A43063.1
3
. ..
-
EKER
1
C VAN
NBST
- --
OHN W. KBKER #49092 BFFREY R. CBANIN #lo3649 :IC€3ASL B. PAGE t154913 AGESH K. TANGRI #159477 '10sansame Street ; a n Francisco, California 94111-1704 ;elephone: (415) 391-5400
2
3 4 5
.*..
etorneya f o r Plaintiff
mENcE DBSIGN
6
SYSTEMS, INC.
#76996 -- -#136003 #ll8304 MYERS
7
IANIEL 8 . BOOKIN ZEORGS A. RILEY )=IN W. SNYDKR
E
2IMBLvENy & Embarcadero Center West 275 Battery Street S a n Francisco , California
! 1'
94111-3305
'415) 984-8700
11
ttorneys for Defendant
12
smm!, INC.
13
UNITED STATES DISTRIm COURT
14
NOR-
1:
DISTRICT OF CALIFORNIA
1(i
Case N o . :
1'
11B
PROTEmIVE ORDER
Plaintiff,
19 I s . 20
I
INC., formerly ARCSYS, 1 I N C . , a Delaware Corporation; GERALD HSU, an individual; 1 MITSURU IGUSA, an individual; 1 OPHER SEGEN, an individual; and CHIH-LIANG CHENG, an individual,) 1 Defendants. 1 AVANT!,
21 22 23 I
24
25 26
I
1
I
I
91-2Z0817.Vl
CV 95-20828 RMW
I
!
1
:onfidential information of the parties as may be necessary during
2
liscovery, further thediscovery of the parties, and render moot
3
m y objection to such discovery onthe
4
?roprietary or confidential information or trade secrets.
groundof privilege based on
m -
5
During this action, with respect to any information,
6 7
iocuments, or things obtained by any Party to this action in
0
response to any discovery where such items are
.9
3r comprise trade secret, confidential, or proprietary information,
asserted to contain
10
the following procedures shall be employed and the
11
restrictions shall govern:
following
a:
12
1.
13
It is the purpose of this Protective Orderto allow the
14
Parties to have reasonable access to information fromall other
15
Parties while protecting the alleged trade secret status or *
16
confidentiality of that information without frequent resort to
17
determinations of discoverability by the Court. Nothing in this
18
Protective Order shall limit or modify the rights of any Party to
19
use the documents which it produces to
20
modify the rights of any Party todocuments availablein the Public
21
Domain, subject to the provisions of paragraph 3.3.
22
2.
23
anotherparty or limit or
-IONS. 2.1
Party.
"Party" means any of the parties in this
24
action including its officers, directors, and agents (but not
25
Counsel) . 2.2
26
piscoverv Mate-.
"Discovery Material" means
2:
any information, document, or tangible thing upon which any
2t
eXPressionl C ~ ~ n i C a t i OOrn representation has been recorded by PRorrCzm ORDPL
SFl-UOOIl.V1
2
CP 9s-20128
..
-
1
-
ny means, or response to any discovery request, including by way
2
f example document requests, interrogatories, requests for
3
dmissions, notices of deposition, requests to inspect, and any
4
ther similar materials, or portions thereof.
Confidential.
2.3
"Confidential" information is
efined herein as information which
hasnot bean
made
public,the
isclosure of which the disclosing party contends could do harm to
a
he business operations of the disclosing party, including, but not
9
.imited to, trade secrets within the Uniform Trade Secrets Act and
10
mfonnation which concerns or relates to (i) sales, marketing,or
11
:esearch and development, (ii) financial performance, ( iii)
12
nanufacturing or other costs of doing business,and (iv) technical
13
:haracteristics of products. Canfidential
2.4
14
-
-
hsmzxaevs' Eves O U .
15
'Confidential
16
is "Confidential" information which a disclosing party
17
reasonable grounds to believe would, if known to any employee of a
18
receiving party, lead to a significant possibility of harm to the
1s
reputation and/or business of the disclosing party. 2.5
2c
23
2:
Attorneys' Eyes Only" information is defined herein
w. "Legend" means
has
either of the following
markings : "CONFIDENTIAL" OR
2:
appropriate to the
2,
or 3.2. 2.6
2
"CONFIDENTIAL
-
ATTORNEYS'
EYES
ONLY"
as
levelof confidentiality pursuant to paragraph 3.1
Peceivincr Partv.
"Receiving Party" means a Party
2
to the action, and all itsdirectors, employees, and agents
2
(including Counsel), that receive Discovery Material from a
2
Producing Party. PRoTTcTm om=
S~~-2fO(Ll?.V1
3
'3 9920821
2 -7
1
p w .
"Producing Party" means Party a
2
:o the action, and all its directors, employees, and agents
3
[including Counsel), that produceor otherwise make available
4
)iscovery Material to a Receiving Party. 2.8
5
protected Mat-. Material
nprotected Material" means
6
m y Discovery
designated
withLegend a pursuant.to
.7
3aragraph 3.1 or 3.2 and the informationaerived from such
8
Iiscovery Material, includingany copies, abstracts, Summaries,
9
:ompilations, or other such record derived from
suchDiscovery
10
daterial, and any note or other record concerning the contents of
11
such Discovery 2.9
12
Material.
Counsel.
nCounseln means counsel of record and
13
suthorized co-counsel of a party, and their secretarial and support
14
?ersonnel and other assistants, who are not employed by a Party and
15
to whom it is necessary to disclose Protected Material for the
16
purpose of this action. 2.10 .-
17
"Independent Expert" means an
18
or contractor who is not an expert or independent consultant
19
employee of the parties andis retained solely for the purpose of
20
advising and assisting counsel in the preparation or trial of this
21
action or retainedto give expert testimony or retained for both
22
purposes, and his or her secretarial assistants and support
23
personnel, to whomit is necessary to disclose Protected Material
24
for the purpose of this action. 2.11 Trial P r P D w n Material&.
25
"Trial Preparation
26
Materials" means documentsand materials such as pleadings, Court
25
Papers and briefs, exhibits, depositions,interrogatories, and the
2E
like, and summaries thereofor notes pertaining thereto.
PRmLCzm ma
SP1-220817.Pl
4
CV 95-20828
1
3. 3.1
2
rn General.
-Lon
A Pr2ducing Party, at the
3
any Discovery time of producing Discovery Material, may designate
4
Material as Protected Material. The ProtectedMaterial shall be
5
marked with the appropriate Legend, indicating that the Protected
6
Material is "Confidential"or "Confidential
7
as appropriate. With respect to documents, the front page and each
8
page containing confidential material shall be marked with the
9
legend "Confidential" or "Confidential
- Attorneys'
- Attorneys'
Eyes Only"
Eyes Only."
10
good faith attempt shall be made by the Producing Party to limit
11
the amount of Discovery Material designated as "Confidential
12
Attorneys' Eyes Only. 3.2
13
A
-
Any Protected Material producedon any
14
computer-related media (hereinafter"diskst1) nay be designated as
1s
"Confidentialf1or "Canfidential
16
hard copy or printout, shall be treated as Protected Material of
17
the same designation. 3.3
18
-
Attorneys' Eyes Only,
. .
e pe - L lasslflcation of Protect-d MateA
and the
. If, at
19
any time duringthe gendency or trialof this action, Counselfor
20
the Receiving Party claims that Counselfor the Producing Party
21
or unreasonably classified Discovery Material "Confidential" as
22
"Confidential
23
Party may servean objection on the opposing Party, identifying
24
with particularity the items as to which
25
challenged, stating the basis for each challenge, and proposing a
26
designation for each item.
27
redesignate the Protected Material within ten (10) days after
20
and s e m e a motion f o r an senice, the Receiving Party may file
-
Attorneys' Eyes Only," Counsel for the Receiving
the designation is
If the Producing Party does not
m
SFl-UO817.Vl
5
m
m ma 9s-tObtl
I
.
1
srder that the Protected Material be redesignated. On any such
2
notion, the Producing Party shall have the burden of proof. The
3
xiginal designation shall remain effective until three ( 3 ) Protected
4
5
6
The failure to designate Discovery Material as
7
-
Attorneys' Eyes Only" shall not
8
"Confidential" or "Confidential
9
be taken by the Receiving Party as an admission is in fact not protected as a trade
that such Discovery
secretor othewise.
10
Material
11
The designation of Discovery Material as "ProtectedMaterial, shall
12
not be taken as a determinationor admission by the Receiving Party
13
that such Discovery Material is fact in protected as a trade secret
14
or otherwise.
15
or enhance the nature of that "Protected Ma.terialn does not alter
16
Discovery Material o r its confidentiality or create a presungtion
17
of any confidentiality. No Party shall be obligated to challenge
18
the time of the propriety of a "Protected Material" designation at
19
to do so shall not receipt of such Discovery Material and failure a
20
preclude a subsequent attack on the proprietyof the designation.
21
5. U I T A T I O N ON SCOPE OF FROTECTIVF: ORDER.
The designation of Discovery Material as beiag
22
Nothing in this Protective Order shall prevent disclosure of
23
Protected Material beyond the terms of this Protective Orderif:
24
(1) The Producing Party waives, in writingor by
25
stipulation in the record of this action, the claim of
26
confidentiality of such Pratected Material;or
27
(2)
The Receiving Party, by consultation with Producing Party o r by appropriate motion, establishesto the
28
SFl-220817.Vl
6
i
1
.
1
satisfaction of the court thatsuch Protected Material
2
or was is already rightfully in its possession
3
otherwise rightfully acquiredby or on behalf of the
4
Receiving Party; or (3)
5
The Receiving Party, by appropriate motion, establishes
6
to the satisfaction of the court that such Protected
7
Material was or has become public knowledge, other than
8
by any act or omission of Receiving Party, its Counsel,
9
or any Independent Expert retainedon behalf of the Receiving Party; or
10
11
(4)
A
court order otherwise releasessuch Protected
12
Material from the restrictions of this Protective
13
Order.
14
6.
15
QSOfpROTECTED. 6.1
-.
All Protected Material produced
1E
mder this Protective Order is to be used solely for purpose of
17
:his action and for no other purpose. Persons having access to
18
?rotected Material shall not disclose or provide Protected Material
19
:o any person not authorized under this Protective order. No
20
Protected Material may be made available to,or in anymanner
21
revealed to, o r discussed withany other person or entity
2;
(including the Receiving Party), except: (1) solely in accordance
2:
with the proceduresset forth in this Protective Order, o r (2) upon
2c
the express written permission of Counsel for the Producing Party.
2!
6.2
.-
Nothing under this Protective
2
Order shall baror otherwise restrict Counsel from rendering advice
27
to a Party with respect to this action, andin the course thereof,
2E3
of any Protected relying in a general way upon examination ST1-220817.Vl
7
,
..
1
laterial.
2
:ommunicating with a Party, such Counselshall not disclose the
3
:ontents of any Protected Material contrary to the terms or intent
4
~f
5
k d e r shall prevent any witness from testifying in the form of an
6
,pinion or otherwise in accordancewith Federal Rules of Evidence
7
5s 702-05.
a
However, in rendering such advice and in otherwise
this Protective Order. In addition, nothing in this Protective
7.
AZ8-.
MATFRIU.
7.1 -C+nera.
9
Counsel for the Receiving Party shall
10
eep a record of the names of the persons to whom disclosure of
11
rotected Material is made (other than to Counsel). All Protected
12
aterial shall be held in custody and confidenceby Counsel of the
13
eceiving Party. Protected Material (except for Trial Preparation
14
laterial, but including Protected Material that is attached to
15
'rial Preparation Material as exhibits, appendices and the like in
16
ccordance with Section 9.2) shall be maintained each by person
17
receiving it, when not in actual use, in a secure place at the
le
,ffices of the person using it, whichoffices shall not be on the
1s
?remises of any Party. Access to "Confidential Attorneys' Eyes
2c
2nlyl1 Protected Material shall be provided only to persons
2:
authorized underthis Order to receivesuch Protected Materials.
2:
7.2
u.Counsel
shall have access to and may use
2:
any Protected Material (designated as either "Confidential" or
2
"Confidential
2
this action.
-
7.3
2
Attorneys' Eyes Only1')only for the purposes of
W e i v i n u Partv. A party to the litigation, as
2
distinguished from that party's Counsel and any Independent
2
Experts, shallhave access to and may use SFl-220817.01
8
a "Confidential"
.* .
I
.-.
I
/'
1
)rotected Material and may use such material Only for
the
purposes
2
,f
3
rodifies the rights of any Party to access and use Discovery
4
laterial or other material not designated as Protected Material for
5
;he purposes of this action.
this action. Nothing in this Protective Order limits or
7.4
6
.
.
IndeaendentSs€s. Ion of m
7.4.1
7
n
t Eaertt.
8
Leceiving Party may make any Protected Material available
9
[ndependent Experts, provided that the following information is
toits
10
p c t u a l l y made known in writing to
theProducing Party and received
11
no less than five (5) business days before the intended date of
12
5isclosure to that Independent Expert:
13
(1) the identity of that Independent Expert, by name and
14
brief description, including education, present
15 16
-
employment, and general areas of expertise; and (2) all other present andall prior relationships of that Independent Expert with the Receiving Party.
17
ent ExbertS .
7.4.2
18
If
19
the Producing Party objects to disclosure of Protected Material to
20
an Independent Expert,the Producing Party shall s e n e written
21
objections, identifying with particularity the basis for the
22
objection. Service of the objections shall be by personal delivery
23
or by certified or registered mail, returdreceipt requested, and
24
received within five (5) business days after the date of yeceiDt of
25
the identification of an Independent Expert. If the Receiving
26
Party and Producing Party cannot agree on disclosure of Protected
27
Material to the Receiving Party's proposed Independent Expert, the
2e
Producing Party m y file and Serve a motion for an order SFl-220817.Pl
9
forbidding PROTECTIVE ORDLR C 3 95-20828
. ...
1
Iisclosure to the proposed Independent Expert.
2
:he Producing Party shall have the burden of proof.
3
vlaterial shall be disclosed to that Independent Expert until the
4
validity of the objection has been resolved, either by negotiation
5
x by the Court. Any court order settling an objection to a
6
3esignated Independent Expert shall include an award of actual
7
attorney fees to the prevailing party.
a
Independent Expert hasbeen disclosed pursuant to Federal
9
Civil Procedure 26(a) ( 2 1 , no opposing party or its Counsel shall
10
contact, depose, subpoena or in any manner communicate withsuch
11
Independent Expert, and then shall do so 'only aspermitted by the
I2
Federal Rules of Civil Procedure or order of this Court. 7,s
13
O
t
h
e
r
P
e
r
s
o
n
s
No Protected-
Unless and until an Ruleof
.
Persou.
7.5.1
14
On'any such motion,
maybe divulged by Counsel f o r the
Protected
15
Material
16
persons not provided f o r in paragraphs 7.1 through 7.4 only for
17
good cause and only if the following information is s t u a l l v made
18
known in writing, by personal delivery or by certified or
19
registered mail, return receipt requested, and received by the
20
Producing Party no less than ten (10) business days beforethe
21
intended date of disclosure to each such person:
-
ReceivingParty to
22
the identity of each such person,by name and
23
brief description, including present
24
employment;
25
all other present anda l l prior relationships
26
of such person, withthe Receiving Party; and
27
a brief statement as to the reason for
20
disclosure to such person. Srl-220817 . V l
10
However, nothing in this Paragraph shall require counsel to
1 2
fisclose attorney work productor attorney-client privileged
3
information. Failure to provide any of the information required by
4
prevent the :his paragraph with respect to any “other person“ shall
5 6
Zeceiving Party from divulging 3rotected Material to tion to 0 Per’s-. 7.5.2
7
?reducing Party objects to disclosure to such
8
~y personal delivery, Federal.Express, or by certified or
9
registered mail, return receipt requested, and received withinten
10
(10) business days after the dateof p c e a of the identification
11
3f
12
that person until the validityof the objection has been resolved,
13
either by negotiation or by the Court.
14
have the burden of proof.on any motion to permit o r forbid
15
disclosure to any Other Person under this paragraph 7.5.
16
thatperson. If the
persons
in
writing,
each such person, no Protected Material shall be disclosed to
OF PRO-IVE
0.
The Producing Party shall
o-.
Before obtaining
17
access to any Protected Material covered by this Protective Order,
18
each person (other than Counsel) who is permitted to have access to
19
Protected Material under thisProtective Order must signify assent
20
to the terms of this Protective Order by executing the
21
acknowledgement attachedas Appendix A, indicating that he or she
22
has read and understood this Protective Order and agrees to be
23
bound by its terms.
24
furnished to Counsel for the Producing Party within five
25
business days after execution.
26
deponent refuses to execute the acknowledgementattached as
27
Appendix
28
Protective Order. Every deposition witness whoseappearance at
A,
A
copy of each such acknowledgement shall be (5)
If a deponent or the attorney for a
they shall be requested to agree to the terms of this
SF1-220817.Vl
11
!
1
deposition is obtained pursuant to the process of this court and to
2
whom Protected Materialis disclosed at deposition is hereby
3
ordered (1) to maintain all Protected Material in confidence and
4
(2) not to disclose Protected Materialto anyone other than in
5
accordance withthe terms of this Protective Order.
6
OF .-ORP
9. 9.1
7
1 ed P e r s o n s .
protected Material is su-rized,
discussed,
If any
Or Otherwise
used at
8
9
any deposition, hearing, o r the trial of-this action, all persons
10
(other than those entitledto receive the Protected Material in
11
accordance with this protective Order, Court personnel, reorter, a
12
and the deponent or witness) shall be excluded from attendance at
13
the deposition, hearing,o r trial of this action during such time
14
as the Protected Material is beingso disclosed, unless the Parties
15
otherwise agreeor the Court otherwise orders.
16
9.2
Protected Materms w e d With C o a .
Any briefs,
17
transcripts, exhibits, depositions,or documents which are filed
18
lodged with the Court which cotcQrise, embody, summarize, discuss,
19
or quote from Protected Material shallbe sealed, unless the
20
parties otherwise agreein writing or the Court otherwise orders.
21
of documents Where reasonably practical, only the portions
22
consisting of Protected Material shallbe lodged under seal. NO
23
motion or other request to file or lodge Protected Material under
24
seal shall be required of that Party. Such Protected Material
25
shall be filed or lodged in sealed envelopes or other appropriate
26
sealed containers. Each sealed envelope or container shall be
27
endorsed with the title of the action, the Legend, and a statement
28
substantially in followingf o m :
12
Or
’ .
. >
This envelope is sealed pursuant to Order of the contains Protected Material filedin this action Producing Party], and is not to be opened or the thereof displayedor revealed except by order of 9.3 4
5
6 7
a
. .
PfOPsltLpn T
r
m
.
Court and by [name of contents the Court.
When Protected Material
.s incorporated in a deposition transcript via testimony or locuments, arrangements shallbe made with the reporter to bind ;eparately the portion of the deposition transcript and documents 2esignated as Protected Material, and to mark it with the Legend fescribed
in
paragraph 9.2.
9 9.4
. .
Tenninafion of Partlcwation _jJL A c t l o n .
Once
10
?articipation 11
in
this
action by any person obtaining
Protected
vlaterial pursuant to Sections7 - 3 , 7.4 and 7.5 has been terminated
12 32:
otherwise concluded, all Protected Material in the possession of
13
such person shallbe returned bysuch person within 30 days to the 14
3utside Counsel from whom he or she obtained such Protected
15
Material. 16
9.5
Final
Dim-
. .
.
Upon final disposition of this
17
action, all Protected Material provided atoReceiving ?arty (other 18
of the Receiving Party or any other than Trial Preparation Material 19
material protectedby a privilege, such as the workproduct or 20
attorney-client privilege) shall be returned to the Producing 21
?arty’s Counsel or disposed of in some other manner mutually 22
agreeable among the parties. Protected Material retained by Counsel 23
of a Receiving Party pursuant to this Section 9.5 shall retain the 24
sfatus of Protected Material despite termination of this action, 25
and shall be
treated in accordance with the terms of this
26
Protective Order. Counsel shall certify in writing that all 27 2E
Stl-220817.Vl
13
1 2
l
Protected Material has been returned or disposed of in accordance this provision. 10. W
3
10.1 The
4
Parties agree that persons employed by the
5
ited States District Court have no duty to the parties to protect
6
*
7
lpers filed with the Court.
maintain the alleged confidentiality of any
10.2 Any court
E -
T PRO.=-
5
Zonfidential
- Attorneys'
Eyes Onlyn or nConfidential
hall in the Court's discretion be
1:
uch an jn ca11.
in any
hearing which refers to or describes
1(
1
information
cam-.
Information"
A party must request
hearing.
m-m.
This Protective Order may be amended
1 3
~y agreement of Counselfor the Parties in the form of a written
stipulation filed with the Court and subject to the Court's 16 17
lproval . 12.
This Protective Order is
TO . R U F
18
.thout prejudice to the rights of any Party to apply to this Court
19
x relief
20
ifferent or additional
21
aterial.
22
13.
from anyof its provisions or to seek or agree to protectionfor any particular Discovery
UGH'I' TO ASSERT 0-BJECTIONS.
This Protective
2r
)rder shall not be construed as waiving any right to assert a cl aim ,f privilege, relevance, or other grounds for not producing
2!
Iiscovery Material calledfor, and access to such Discovery
2'
gaterial shall be only as provided for by separate agreement theby Parties or by the Court.
22
27 28
14.
This Protective Order shallbe effective
14
.-..
It shall survive termination o f this action, and the
1
mediately.
2
urt shall retain jurisdiction to enforce or modify
3
otective Order.
4
IT IS so OED-.
this
5
Ronald M. Whyte
6
United States District
Judge
7 8
9
?proved as to form
10 11
EKER & VAN NEST
12
ttorneys f o r Plaintiff ADENCE DESIGN SYSTEMS, INC.
13
Approved as t o form
14
F \
15
pS\
16
Gerald Hsu
17 1 E
mproved as to form
Approved as to form
19
C
20
21
trong Def 4itsura I p s a
22
23 24
25
2E 2; 21
stl-220017. V l
I
endaut
Attorneys for Defendants Opher Segev and Chih-Liang Cherq
I
It shall survive termination of this action, and the
1
mediately.
2
ourt shall retain jurisdiction to enforce or modify
3
rotective Order.
this
IT IS SO ORDKRED-
4
5 6
IATED :
, 1995 United States District Judge
7
8
9 10 11 12 13
Attorneys for Plaintiff CADENCE DESIGN SYSTEMS, INC. Approved as to form
Approved as toform
14
1: 1
1( 17
18
O'MELVENY & MYERS rttorneys for Defendant LVANT!, INC.
Farella, Braun & Martel Attorneys for Defendant Gerald Hsu
ipproved as to form
Approved as to form
!Jolan & Amstrong Attorneys for Defendant Mitsura I p s a
Tope1 & Goodman Attorneys for Defendants Opher Segev and Chih-Liang Cheng
19 2c 21 2: 2: 21
2 2 2 2
15
~
-
.' . 1..
...
1 2
3 1
I,
4
5
understand the t e r n of this Protective Order.
6
by the terms of this order.
7 8
DAirED:
9 10 11
12 13 14
1:
..
1( 1' 1 1 2 2 2
L
1
26
27 28
SF1-220817.91
16
have read and
I agree to be bound
.
~
.. - . 6 . .
(.-
...
1 2
3
5
6
. have readand -
I,
4
,
understand the t e r n of this Protective Order. I agree t o be bound the terms of this order.
7 8
.TED:
9 10 11
12 13 14
15 If
1'
I! 1' 2 2 2 2
SF1-220817
.VI
16
.
CERTIFICATE OF SERVICE
1 2
.
3
as follows: I, CandyG . Windsor, hereby declare under penalty of perjury
4
I am employed by Gold Bennett& Cera LLP, 595 Market Street, Suite2300, San
am not a partyto this 5 Francisco, California, 94105-2835. I am over the age of eighteen years and 6 action.
On December22, 1998, I served a copy of the aforementioned STIPULATION
7
8 FOR PROTECTIVE ORDER AND [PROPOSED] PROTECTIVE ORDER on all parties listed
I, causing true and correct copies of same to be enclosed in sealed 9 on the attached Exhibit by U.S. Mail, postage prepaid,or delivered as otherwise indicated 10 envelopes and deposited in the as indicated on the attached Exhibit I. 1 1 via courier or facsimile,
On December22, 1998, in compliance with Local Rule23-3 of the Local Rules of
12
13 the United States District Court for the Northern District of California, I forward a hard copy of 14 same, via regular mail, to: Securities Class Action Clearinghouse, Stanford Law School, Crown
15 Quadrangle, Stanford, California94305-8610.
Executed on December22, 1998, at San Francisco, California.
16 17
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18
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27 28
72845
CERTIFICATE
-1I
I EXHIBIT I
1 2
3 4
5 6
7 8 9
Daniel H. Bookin, Esq. O'Melveny & Myers LLP 275 Battery Street, Suite2600 San Francisco, California941 11-3305
Richard J. Vita J. Vita Law Offices of Richard Two Oliver Street,8* Floor Boston, Massachusetts02 1 09
Jeffrey W. Lawrence, Esq. John E. Grasberger, Esq. Milberg Weiss Bershad Hynes & Lerach 222 Kearny Street, 10" Floor 941 04 San Francisco, California
Robert F. Zwerling,Esq. Zwerling, Schacter, Zwerling& Koppell 767 Third Avenue, 22ndFloor New York, New York10017-2023
Joseph J. Tabacco,Jr., Esq. Christopher T. Heffelfinger,Esq. Berman DeValerio& Pease 425 California Street, Suite2025 San Francisco, California 941 04
John W. Keker, Esq. Jeffrey R. Chanin, Esq. Michael H. Page, Esq. Ragesh K. Tangxi, Esq. Keker & Van Nest 71 0 Sansome Street 941 1 1-1 704 San Francisco, California
Robert C. Vanderet,Esq. Seth Aronson,Esq. O'Melveny & Myers 500 South Hope Street, Suite1060 Los Angeles, California9007 1-2899
Steven Lowenthal,Esq. Christian H. Nadan, Esq. Farella, Braun & Martel 235 Montgomery Street, 30* Floor San Francisco, California94 104
Sherrie R. Savett, Esq. Merrill G. Davidoff, Esq. Susan Schneider Thomas,Esq. Berger & Montague, P.C. 1622 Locust Street Philadelphia, Pennsylvania19 103
Thomas J. Nolan,Esq. Nolan & Armstrong 600 University Avenue Palo Alto, California9430 1
William S. Lerach, Esq. Blake M. Harper, Esq. James A. Caputo,Esq. Henry Rosen,Esq. Milberg Weiss Bershad Hynes & Lerach 600 West Broadway, Suite1800 San Diego, California92101
William Webb,Esq. Law Officersof William Farrer 221 Sansome Street San Francisco, California941 04
Howard D. Finkelstein,Esq. Finkelstein & Associates 501 West Broadway, Suite 1250 San Diego, California92101-3593
Joseph W. Cotchett, Esq. Frank M. Pitre, Esq. Nancy L. Fineman,Esq. Cotchett & Pitre 840 Malcolm Road, Suite200 Burlingame, California940 10
Glen DeValerio Berman, DeValerio& Pease One Liberty Square Boston Massachusetts02 1 09
Stephen C. Neal,Esq. William S. Freeman, Esq. Cooley, Godward, Castro, Huddleston & Tatum Five Palo AltoSquare 3000 El Camino Real Palo Alto, California94306
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12 13
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18 19 20 21 22 23 24 25 26 27 28
72845
CERTIFICATE OF SERVICE
-2-
I 1 2
3
Stanley R. Grossman, Esq. Pomerantz Haudek Block & Grossman 100 Park Avenue New York, New York 10017-55 16
William M.Goodman, Esq. Frank A. Cialone, Esq. Trope1 & Goodman 832 Sansome Street, 4* Floor San Francisco, California94 1 1 1
' 4 5
6 7
8 9
10 11 12 13
14 1: 1f
1:
It 15 2( 2 2: 2: 21
2 2' 2
2
72845
CERTIFICATE OF SERVICE
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