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Technology Stocks : WDC/Sandisk Corporation

WDC 153.96

+0.7%

Nov 19 3:59 PM EST

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To: KevRupert who wrote (11567)	5/27/2000 4:13:00 PM
From: Michael A. Gottesman	Read Replies (1) of 60323

Latest from the Courthouse: Here's the latest posts on the Court docket system (please excuse the formating since I just did a cut and paste): 5/19/00 254 NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Mag. Judge Phyllis J. Hamilton by Plaintiff Sandisk Corporation in 3:98-cv-01115 to compel with Notice set for 6/27/00 at 1:30 pm FILED UNDER SEAL.[3:98-cv-01115] (mcl) [Entry date 05/19/00] [3:98cv1115] 5/19/00 255 DECLARATION by Ariana M. Chung-Han on behalf of Plaintiff Sandisk Corporation in 3:98-cv-01115 re motion to compel [254-1] FILED UNDER SEAL. [3:98-cv-01115] (mcl) [Entry date 05/19/00] [3:98cv1115] 5/19/00 -- RECEIVED Proposed Order ( Plaintiff Sandisk Corporation in 3:98-cv-01115) re: motion to compel [254-1] [3:98-cv-01115](mcl) [Entry date 05/19/00] [3:98cv1115] 5/19/00 256 PROOF OF SERVICE by Plaintiff Sandisk Corporation in 3:98-cv-01115 of order received [0-0], declaration [255-1], motion to compel [254-1] [3:98-cv-01115] (mcl)[Entry date 05/19/00] [3:98cv1115] 5/22/00 -- RECEIVED Stipulation to extend deadline for filing a motion to compel financial documents. [3:98-cv-01115] (mcl)[Entry date 05/23/00] [3:98cv1115] 5/22/00 257 ORDER by Judge Charles R. Breyer denying defendant's expedited motion for leave to file a motion for reconsideration [245-1] ( Date Entered: 5/23/00) (cc: all counsel) [3:98-cv-01115] (mcl) [Entry date 05/23/00] [3:98cv1115] 5/22/00 258 ORDER by Mag. Judge Phyllis J. Hamilton setting hearing on plaintiff's motion to compel [254-1] 1:30 6/27/00 ( Date Entered: 5/25/00) (cc: all counsel) [3:98-cv-01115] (mcl)[Entry date 05/25/00] [3:98cv1115] 5/23/00 259 STIPULATION and ORDER by Judge Charles R. Breyer :extending time until 5/26/00 for filing a motion to compel financial documents by plaintiff Sandisk (cc: all counsel)[3:98-cv-01115] (mcl) [Entry date 05/25/00] [3:98cv1115] ------------------------------ IMHO, it appears that SNDK is filing a motion to compel production of financial documents by Lexar. Apparently, a previous ruling allowed SNDK to file this "late" motion (probably beyond the date required for motions by a previous scheduling order). Lexar's motion for reconsideration of the Order allowing the late motion to be filed by SNDK, was denied in item 257. SNDK's motion to compel is set for hearing on 6/26/2000 @ 1:30 p.m. Now, why does SNDK have an interest in Lexar's financial documents at this time? IMHO, perhaps it indicates SNDK's confidence in their case and that they are working on proof of damages (treble). This is usually the second portion of a patent case but the Judge has already ruled that Lexar is guilty of contributory infringement on 3/28/2000. Mike G.

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