STIPULATION FOR PROTECTIVE ORDER AND - Securities Class [PDF]

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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

/-'

18

19 20 21 22 23 24 25 26

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

10 11

12 13

14 15 16 17

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

-3-

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