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Brocade Communications Systems, Inc., A Delaware Corporation, and Foundry Networks, LLC, A v. A10 Networks

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 30, 2011

BROCADE COMMUNICATIONS SYSTEMS, INC., A DELAWARE CORPORATION, AND FOUNDRY NETWORKS, LLC, A DELAWARE 17 LIMITED LIABILITY COMPANY, THE HONORABLE READ AMBLER,RET., AS SPECIAL MASTER PLAINTIFFS,
v.
A10 NETWORKS, INC., A CALIFORNIA CORPORATION; LEE CHEN, AN INDIVIDUAL; RAJKUMAR JALAN; AN INDIVIDUAL; RON SZETO, AN INDIVIDUAL; DAVID CHEUNG, AN 22 INDIVIDUAL; LIANG HAN, AN INDIVIDUAL; AND STEVEN HWANG, ANINDIVIDUAL,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Lucy H. Koh United States District Judge

[PROPOSED] ORDER APPOINTING ORRICK, HERRINGTON &US_WEST:261311743.1 SUTCLIFFE LLP [PROPOSED] ORDER GRANTING APPOINTMENT OF SILICON VALLEY SPECIAL MASTER ATTORNEYS ATLAW Plaintiffs Brocade Communications Systems, Inc. and Foundry Networks, LLC's ("Plaintiffs") Motion for Contempt, Expedited Discovery, and Appointment of Special Master 3 was heard on August 12, 2011. The Court, after reviewing all papers submitted in support of and 4 opposition to the motion, and after hearing oral argument in the matter, granted in part Brocade's 5 request for appointment of a Special Master and ordered the parties to meet and confer and agree 6 upon an appointment by August 16, 2011. The parties have so complied and agreed to the 7 appointment of Judge Read Ambler, Retired. As a result, Judge Ambler shall serve as Special Master in this matter to oversee the collection and production of source code from A10 that 9 predates March 8, 2007. This production shall occur on or before September 9, 2011.

ORRICK, HERRINGTON & US_WEST:261311743.1 SUTCLIFFE LLP ATTORNEYS AT LAW [PROPOSED] ORDER GRANTING APPOINTMENT OF SILICON VALLEY SPECIAL MASTER

20110830

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