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Brocade Communications Systems, Inc., A v. A10 Networks

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 25, 2013

BROCADE COMMUNICATIONS SYSTEMS, INC., A DELAWARE CORPORATION, AND
FOUNDRY NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
PLAINTIFFS AND COUNTERCLAIM DEFENDANTS,
v.
A10 NETWORKS, INC., A CALIFORNIA CORPORATION; LEE CHEN, AN INDIVIDUAL;
RAJKUMAR JALAN; AN INDIVIDUAL; RON SZETO, AN INDIVIDUAL; DAVID CHEUNG, AN INDIVIDUAL; LIANG HAN, AN INDIVIDUAL; AND STEVEN HWANG, AN INDIVIDUAL,
DEFENDANTS AND COUNTERCLAIMANTS.

The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge

Judge: Honorable Lucy H. Koh

STIPULATED ADMINISTRATIVE REQUEST AND [PROPOSED] ORDER 19 INCORRECTLY FILED DOCUMENTS TO PERMANENTLY REMOVE (D.I. 573-1 AND D.I. 573-2)

IT IS HEREBY STIPULATED by and among Plaintiffs Brocade Communications Systems, Inc. and Foundry Networks, LLC (collectively, "Plaintiffs") and Defendants A10 3 Networks, Inc., Lee Chen, Rajkumar Jalan, Ron Szeto, and Liang Han as follows: 4 On Tuesday, June 12, 2012, Plaintiffs' counsel filed an opposition to Defendant A10 Networks, Inc.'s Objections to Plaintiffs' Identification of Claims for Trial. Plaintiffs' counsel 6 filed the Declaration of Denise Mingrone in support of these Objections, which attached two 7 exhibits. Exhibit A was filed as Docket No. 573-1 and Exhibit B was filed as Docket No. 573-2. 8

Pursuant to Local Rule 79.5(b), when electronically filed, Plaintiffs' counsel inadvertently 9 filed Exhibits A and B to the Mingrone Declaration as public documents. Plaintiffs' counsel 10 submits that these documents should have been filed under seal in their entirety instead. 11 After discovery of the error the next morning, Plaintiffs' counsel contacted the ECF Help 5 Desk by email and telephone. The Help Disk put a temporary lock on the documents. Plaintiffs' 13 counsel subsequently re-efiled a corrected version of the Mingrone Declaration with Exhibits A 14 and B filed under seal. D.I. 574. Plaintiffs' counsel then filed an Administrative Motion to Seal 15 Exhibits A and B to this corrected filing. D.I. 575. 16

Plaintiffs' counsel contacted counsel for the Defendants, who have agreed to stipulate to 17 this request that the inadvertently public-filed Exhibits A and B (Docket Nos. 573-1 and 573-2) 18 be permanently deleted from the docket. 19 20

Dated: June 18, 2012 Respectfully Submitted, 21 ORRICK, HERRINGTON & SUTCLIFFE LLP 12 /s/ Siddhartha M. Venkatesan SIDDHARTHA M. VENKATESAN 22 Attorneys for Plaintiffs and Counterclaim Defendants BROCADE COMMUNICATIONS SYSTEMS, INC. 23 24 and FOUNDRY NETWORKS, LLC Dated: June 18, 2012 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. /s/ Scott R. Mosko 3 SCOTT R. MOSKO Attorneys for Defendants 4 A10 NETWORKS, INC., LEE CHEN, RAJKUMAR JALAN, RON SZETO, AND STEVEN HWANG 5 6 Dated: June 18, 2012 LOSCH & EHRLICH 7 /s/ Joseph Ehrlich JOSEPH EHRLICH Attorneys for Defendant 8 9 LIANG HAN

Concurrence in the filing of this document has been obtained from each of the other signatories pursuant to General Order 45(X)(B).

Pursuant to the parties' stipulation and request, IT IS SO ORDERED. Exhibits A and B 14 to the June 12, 2012 Declaration of Denise M. Mingrone in Support of Plaintiffs' Opposition to 15 A10's Objections, filed as Docket Numbers 573-1 and 573-2, shall be removed from the Court's 16 Docket. 17 18

20130325

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