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Securities and Exchange Commission v. Gowrish

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 27, 2010

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
VINAYAK S. GOWRISH, DEFENDANT.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge

JOINT STIPULATION AND [PROPOSED] ORDER DE-DESIGNATING CONFIDENTIALITY OF DEPOSITION TESTIMONY

WHEREAS, on August 25, 2010, Pascal S. Vaghar ("Mr. Vaghar") was deposed in this action.

WHEREAS, during Mr. Vaghar's deposition, counsel agreed to designate a select portion of the testimony and Exhibit 17 as confidential.

WHEREAS, counsel failed to indicate the conclusion of the confidential portion of the testimony.

WHEREAS, the testimony at 192:15-328:22 of the deposition transcript was mistakenly designated as confidential.

WHEREAS, only the testimony at 183:1-192:14 of the deposition transcript and Exhibit should have been designated as confidential.

NOW THEREFORE, FOR GOOD CAUSE SHOWN, THE SEC AND MR. GOWRISH HEREBY STIPULATE and AGREE as follows:

x The testimony at 192:15-328:22 of the deposition transcript is de-designated and no longer is confidential.

x Only the testimony at 183:1-192:14 of the deposition transcript and Exhibit 17 remain designated as confidential.

IT IS SO STIPULATED.

Dated: September 23, 2010

SECURITIES & EXCHANGE COMMISSION JAMES A. KIDNEY Attorneys for Plaintiff SECURITIES & EXCHANGE COMMISSION

MORGAN, LEWIS & BOCKIUS LLP JOHN H. HEMANN Attorneys for Defendant VINAYAK S. GOWRISH

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, JASON B. ALLEN, am the ECF User whose ID and password are being used to file this JOINT STIPULATION AND [PROPOSED] ORDER DE-DESIGNATING CONFIDENTIALITY OF DEPOSITION TESTIMONY. In compliance with General Order 45, X.B., I hereby attest that the signatories above have concurred in this efiling.

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.

Executed on this 23rd day of September, 2010 at San Francisco, California.

MORGAN, LEWIS & BOCKIUS, LLP Jason B. Allen

PROOF OF SERVICE

Securities and Exchange Commission v. Gowrish, et al; USND CV 09-5883 (SI) (We represent Defendant Gowrish)

I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is One Market, Spear Street Tower, San Francisco, California 94105-1126.

On September 23, 2010, I served the within document(s) to the addressees listed below as listed on the United States District Court's ECF Notification "Manual Notice List."

Addressee Represent Service

Robert B. Kaplan Plaintiff, SEC U.S. Mail Securities and Exchange Commission 100 F Street, NE Washington, DC 20549 Margaret Corrigan Mediator U.S. Mail Circuit Mediation Office U.S. Court of Appeals, Ninth Circuit 95 Seventh St. P.O. Box 193939 San Francisco, CA 94119 : by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as set forth below.

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

Executed on September 23, 2010, at San Francisco, California.

I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct.

20100927

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