jordan eth (bar no. 121617) terri garland (bar no....

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DECL. OF TIMOTHY W. BLAKELY I/S/O JDSU’S REPLY MEM. I/S/O ITS MOT. FOR PROTECTIVE ORDER MASTER FILE NO. C-02-1486 CW (EDL) sf-2245446

JORDAN ETH (BAR NO. 121617) TERRI GARLAND (BAR NO. 169563) PHILIP T. BESIROF (BAR NO. 185053) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 [email protected] Attorneys for Defendant JDS Uniphase Corporation, Jozef Straus, Anthony Muller, and Charles J. Abbe

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

In re JDS UNIPHASE CORPORATION SECURITIES LITIGATION This Document Relates To: All Actions

Master File No. C-02-1486 CW

DECLARATION OF TIMOTHY W. BLAKELY IN SUPPORT OF JDS UNIPHASE’S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR PROTECTIVE ORDER

Date: January 9, 2007 Time: 9:00 a.m. Ctrm: E, 15th Floor Before: Hon. Elizabeth D. Laporte

Case 4:02-cv-01486 Document 767 Filed 12/19/2006 of 3

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DECL. OF TIMOTHY W. BLAKELY I/S/O JDSU’S REPLY MEM. I/S/O ITS MOT. FOR PROTECTIVE ORDER MASTER FILE NO. C-02-1486 CW sf-2245446

1

I, TIMOTHY W. BLAKELY, declare:

1. I am an attorney licensed to practice law in the State of California and am admitted

to practice before this Court. I am an associate at the law firm of Morrison & Foerster LLP,

counsel of record for Defendant JDS Uniphase Corporation (“JDSU”) in this action. I submit this

declaration in support of JDSU’s Reply Memorandum in Support of Its Motion for Protective

Order. I make this Declaration based on personal knowledge, except for any items stated on

information and belief, which I am informed and believe are true. If called as a witness, I would

testify to the following facts.

2. Attached as Exhibit A is a true and correct copy of a June 28, 2006 letter from

Anthony J. Harwood to Timothy W. Blakely and Howard S. Caro, enclosing Plaintiffs’ list of

proposed deponents. Plaintiffs’ June 28 list does not include a Rule 30(b)(6) witness on JDSU’s

inventory.

3. Plaintiffs’ June 28 list of proposed deponents identified 49 depositions that

Plaintiffs intended to take, beginning in “Late July/August 2006.” Plaintiffs already had taken six

depositions by the time they provided their June 28 list. (See, e.g., Plaintiffs’ list of witness

attached to the November 10, 2006 Letter from Anthony J. Harwood to Philip T. Besirof, attached

as Exhibit E.) Accordingly, Plaintiffs’ June 28 list of proposed deponents used all 55 deposition

slots allocated to Plaintiffs by the Court. (See 4/25/06 Ord. Following Disc. Conf. ¶¶ 6-7.)

4. Attached as Exhibit B is a true and correct copy of an August 18, 2006 letter from

Anthony J. Harwood to Philip T. Besirof and Howard S. Caro, enclosing Plaintiffs’ updated list

of proposed deponents. Plaintiffs’ August 18 list does not include a Rule 30(b)(6) witness on

JDSU’s inventory.

5. Attached as Exhibit C is a true and correct copy of a September 25, 2006 letter

from Anthony J. Harwood to Philip T. Besirof, enclosing Plaintiffs’ updated list of proposed

deponents. Plaintiffs’ September 25 list does not include a Rule 30(b)(6) witness on JDSU’s

inventory.

6. Attached as Exhibit D is a true and correct copy of an October 5, 2006 letter from

Jon Adams to Philip T. Besirof, enclosing Plaintiffs’ “most up-to-date” list of proposed


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DECL. OF TIMOTHY W. BLAKELY I/S/O JDSU’S REPLY MEM. I/S/O ITS MOT. FOR PROTECTIVE ORDER MASTER FILE NO. C-02-1486 CW sf-2245446

2

deponents. Plaintiffs’ October 5 list does not include a Rule 30(b)(6) witness on JDSU’s

inventory.

7. Attached as Exhibit E is a true and correct copy of an November 10, 2006 letter

from Anthony J. Harwood to Philip T. Besirof, enclosing Plaintiffs’ updated list of proposed

deponents.

8. Attached as Exhibit F is a true and correct copy of pages 102-03 and 109-10 of the

transcript of the August 7, 2006 deposition of Robert M. Gallagher.

9. Attached as Exhibit G is a true and correct copy of pages 44-50 of the transcript of

the November 16, 2006 deposition of Marek Tybor.

10. Attached as Exhibit H is a true and correct copy of pages 28 and 62-64 of the

transcript of the November 10, 2006 deposition of Daniel Welch.

11. Attached as Exhibit I is a true and correct copy of pages 52-54 of the transcript of

the October 24, 2006 deposition of Jodi Blanco.

I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct, and that this declaration was executed on the 19th day of

December 2006, in San Francisco, California.

/s/ Timothy W. Blakely

Timothy W. Blakely


Exhibit A

Case 4:02-cv-01486 Document 767 Filed 12/19/2006 Page 1 of 4

06?28/2006 20:41 FAX 12128180477

Labaton Sucharow

L A B A T O N SUCHAROW LLP

VIA FACSIMILE

'1 'irnoth y Blnkely, Bsq. Howard Caro, Esq. Morri.rc)n & Focrstcr I I d a Ebxrnsn White & McAuEffc T.T.1' 425 Market Strcct 333 Bush Strccr San Fmncisco, Califonria 94 105-2482 San I:~sncisco, California 94104

1)car Tim and Howatd;

Yursuant to Magismre Laporre's May 18, 2(106 Otdct, I am enclosing Lead Plaintiffs proposed deposition schcdulc, which idendties those witncsscs who wc ~urrct~tly conrernphte deposing. As drscovcry is ongaing, we reserve our righc to amend this lisr: as we Icnm additionnl infrmauon.

\ Anthony J. Harwood C )f C:i runscl

cc: Jcffrcy Sqttite, Esq,


Exhibit B


Labaton Sucharow

August 18,2006

VIA FACSIMILE

Philip T. Besirof, Fsq. Iioward S, Caro, Esq. Morrison & Iioerscer HeUct E h a n LLP 425 Market Strcet 333 Bush Street Sari Fr;lncisca, California 941 05-2482 Snn Francisco, California 94104

Rc; JDS Uniphasc (:orporarion Securities Litigation

I'lcar l'hilip rncl Howard:

t l r r~chcd is (;or~nccucut's list of proposed deponenrs ws of Augur 1II.20UG.

V c~y m~ly yours,

Anthony )-knrwood

cc: JelErey Squire, Escl. (:hl.isropher 1 Tcfklliager, Esq. LJaniel Hzlr~is, T!scl.


U U / l U / Z U V b 1 4 : l Y F A X 1 2 1 2 8 1 k I U 4 1 1 L A B A I U N SUCHAROW L L P M 003/004

CONNECTICUT'S PROPOSED DEPONENTS AS OF AUGUST 18,2006

.,.a

Witncas Location Date 1) Lcslic Brown .

3) Scephanic Franklin (Currene JDS Employee)

4) C:mI Annc C;~AVCS 5) Candy Tohnsron 6) 'Ioni McWiams 7) David Lightfoot

(Current 1 DS employee) R) ltick ~ a c ~ i l ~ n n

(Curscat JDS employee) 9) Harry llcffcbach

(MoFol,u Clicnt) 10) Steve Almassy @Curl") 1 1) B tian C:avcr (E&Y) 12) Ernst 8r Young by Ed

Grnbowy as 30@)(6) witness

13) Alison Reyndcrs 14) Josc Mcjia (1,uccnr) 15) JR Newland (Lucent) 16) Torn C,+nllaghcr 17) Russ Johnson 18) Eitan Gcttcl 13) Ghazi Chaoui ((hrvis) 20) SmithBsmey/Ciugrouy

-- oc former cmployee 21) Cicrty F'inc (C:c~nrind 22) Bob Russcll (crrrrent

employee) 23) Thomas Pltrc 24) Leo Lefebvre (MuFrj

represents) as fact witncss and 30@)(G)

25) Mauricc Tiivarcs 26) Gordon Buchan 27) Mmio Leduc 28) Tien Bradley Pclrtcl) 29) Tom Dorval (Nortcl) 30) Roger Miskowicz

v

3 1) Ilcanc Nolan 3 2) Kun~iu Visvanatha .-.-.,-"...,-. 33) T.ou Grcco 34) Ashok Chandran 35) I<cn Crawford 3G) Frank G.E. Bollman

(1Jricewaterhouse)

San Fnndsco

$an Fsancisco

0 ttnwa C:aliforni;r California Ottawa

.. .

Ottawa

New Yorlc

San Jose San Jose San Jovc

N ew York Ncw York Denver New York San Francisco P entlsylvanin or Florida Marylnnd New York

New York Onrario, Canada

Oncario, Canada Ontario Canada

Onmio, Cansda Ontario, Canada Ontario, Canada Ontario, Canada Qucbcc, Canada Onwio, Canada Onrario, Canada Ontatio, Canada Orlcario, Canada Milpicas, CA San Jose San Josc

August 17,2006

August 3 1,2006

August 30,2006 September 12,2006 Aupm 1 8,2006 August 29,2006

AWSC 3i, 2006

September 13,2006

October 2006 October 2006 October 2006

Svtcmbrr 21,2006 September 14,2006 Scptcmbcr 15,2006 September 12,2006 October 17,2006 October 2006 Octobcr 2006 Octnbcr 2[)06

October 2006 Occobcr 2006

October 2006 October 2006

October 2006 October 2006 October 2006 November 2006 November 2006 Novemb~r ZOOG November 2008 November 2006 November Novem her 2006 November 2006 November 2006


V U / I O / L V V O 1 4 . L U r n n t~ I L U 1 a u 4 r , L X D ~ I U N s u ~ n x n u w L L ~ a uu4/uu4

Date November 2006 November 2006

November 2006

November 2006

November 2006

-- November 2006

Ocrolscr 2006

Witness 37) Keq Dehority 38) Save Moore (Client of

M o Fa) 39) Charles Jay Abbc

(MoFoJs Chent) 40) Anthony Mullcr (Client

of MoFo) 41) Joxef Straus (Client t r f

Mofo) 42) Kevin Knlkhavcn

(Heller Ohman's Client)

43) Cisco or former cmpluycc

64) Jeff Chasc

Location --- Sari Jose Snn Francisco

San Francisco

San Francisco

Sau Francisco

Ssn Francisco

?

California


Exhibit C


Labaton Sucharow Duccr Did: (21 1) 907 OR75

Dkrcr I'uw. (21 2) 883-7074 [email protected],m

September 25, 200fi

VIA FAX

P u p 'T. Beskof Esq. Morrison & Foerstcr 425 Market Suett San Francisco, California 941 05-2482

Re: IDS Uniphase Corporation Srmdtia Litigation, 02-~iv.-1486 CW (EDI*)

near Philip:

Att4chcd is (:onnecucut's proposed list of deposition witncxxcs as of September 25,2006.

Vcry truly yours, /, 7

Anrhony J. H a ~ o o d Of Counsel

cc: vh fax Howard Caro, Esq. JefGey Squire, Ksq. Chrisrophcr Haffelhnger, Esq. Daniel Harris, 15sq.

~ , l a b a t v n . c r ~ m I.Anxr.clN sut .nAmc)w rcr RUUOFF LLP I roo WRY AVLNVY I NUW 1011~~ NY 10017 1 T 21%-907-0700 I F Z U - U I S - O ~ ~ ~


CONNIECTICUT'S PROPOSED DEPONENTS AS OF SEPTEMBER 25,2006

employee) 8) Rick MacMillan (Current JDS Ottawa August 3 1,2006

Date August 17,200G - August 22,2006 Aupsr 3 1,2006

Wimesa- 1) Leslie Brown 2) Shelly Piemsiak 3) Stephanie Franklin (Current JDS

Employee) 4) Carol Anne Graves 5) Candy Johnston G) Toni McWillinms 7) David Iightfooc (Cment JDS

employee)

September 29,2006 - 12) Emst & Young by lid Cirabowy as San Jose October 4,2006

Location San Francisco Iwhe, California San Francisco

Ottawa California California Otwwa

August 30,2006 Sep t~mbcr 12,2006 Augusr 18,2006 Aupst 29,2006

- . 30@)(6) wihlcss

13) Jeff Chase 14) Michacl Phillips 15) Richard Frick (former E&Y) 16) Steve Alrnaq (ISCLY) 17) Brian Covcr (E&Y) 1 8) Ken Craw ford 19) Jose Mejia (Lucent) 20) Russ Johnson

L

21) JR Newland (Lucent) 22) Kcrxy Dehority 23) Eim Gertel . 24) Ghazi Chaoui (Corvis) 25) Gerry Fine (Corning) 26) Bob Russell (current employee) 27) Thomas Pine 28) 1x0 Lefebvre (MaFo represents)

as fact wiacss and 30@)(6) 29) Roger Miskowicz 30 Maurice Tavates ) 31) Gordon Buchan 32 Mario Leduc ) 33) Peter Moore 34) Alison Reyndas 35) Tom Dorval (Nortel) 36) Ken Bradley wortel) 37) Ileane Nolan

C a l i f o h Ssn Francisco California San losc Snn Jose San Jose Srrn Fmndsco San Francisco Denver: San Jose P~nnu~lvaaia or Florida Marybnd New York Ontario, Canada Ontario, Canada Ontario Csnada

(Pricewaterhouse) 41) Charles Jay Abbe (MoFo's Client) 42) Anthony Muller (Client of MoFo)

November 2006 November 2006 Novembct 9,2006 November 14,2006 November 16,2006 October 2006 Clctober/November 2006 Octobcr 17,2006 October 18,2006 October 20,2006 October 2006 " October 2006 Octobcr 2006 October 2006 October: 2006 Octobct 2006

39) Lou Grcco Ontario, Canada 40) Frank G.E. BoUman San Jose November 2006

Ontario, Canada October 2006 Onnriq Canada -

Ocrober 2006 Ontslxio, Canada Ontario, Canada - Canada Newark Quebec, Canada Ontario, Canada Ontario, Canada

San Francisco , Palo Alto

Octobet: 2006 October 2006 Novembcr 1 1,2006 Novernbtx 2006

, November 2006 -- November 2006

November 2006 November 2006


Witness 1 Location Date

43) Jozef Straus (Client of Molu) Otmwa Novcmber 2006 44) Kevin Kalkhovcn yeller November 2006

45) Cisco or former employec ? i


Exhibit D


L A B A I U N SUCHAROW LLP

Labaton Sucharow

October 5,2006

VIA FACSIMILE

Philip Besirof, Esq. Modsun Focrs ter 425 Market Strcct San Francisco, CA 941 05

Re: JDS Uaiphase Secwzidcs Idtipti011

Dear Philip:

T am wuring about confidentid email accouocs W e r to your let= of September 29,2006. As to Jozef Straus, you sated hr you only scnrchcd backup rapes h a t were crcatcd a t h e time rhis litigation was Gled. At the kut, wc would expect Defendanrs would have searched the rnonrhly backup opcsflrorn February 2000 to Fcbruq 2001, end rhc ycnrly backup rapes horn 2000 and 2001. Please let us know why Defendants did not scarch these tapes for car~fida~rial emad ftom Jozcf Straus.

We would like Defendants to search backup mpes, inctubg the litigation backup tapcs, for confidential e m d accounts for each of thc witnesses listed on our: most up-to-date witncss List dared September 25,2006. For your convenience, I an1 enclosing a copy of that list

Sincerely Yuuw,

/ .---"----..--I- 7

Jon Adams - .


1 0 / 0 5 / 2 0 0 6 1 5 : 1 5 FAX 1 2 1 2 8 1 8 0 4 7 7 LABATON S U C H A R O W LLP /

CONNECTICUT'S PROPOSED DEPONENTS AS OF SEPTEMBER 25,2006

employee) 8) Rick Machiillan (Currcat JDS Ottawa August 31,2006

Date Auwst 17,2006 A u p t 22,2006 Augrsc 31,2006

August 30,2006

Witness 1) LRslieBmwn 2) Shelly Pietrusiak 3) Stephanie Franklin (Current JRS

Employee) 4) Carol Anne Graves

39) Lou Greco Ontario, Canada 40) Frank G.E. BoUman San Jose November 2006

7) David Lightfoot (Cuaent JDS Omwa August 29,2006

Location !kn Francisco Irvine, California San Frandsco

Omwa

employee) . 9 ) Harry Deifebach (MoFo's Client) 10) Steve Moore (Client of MoFo) 11) Ashok Chandran 12) Ernsc & Young by Ed Grabowy as

New York Pdo Alto, CA Palo Alto, CA San Jose

(Pricewaterhouse) 43) Charles Jay Abbe (MoFoJs Client) 42) Anthony Muller (Client of MoFo)

September 13,2006 September 28 and29 2006 September 29,2006 October 4,2006

San Ftandsco Palo Alto

November 2006 November 2006


10/05/2006 1 3 : 1 3 t A X 1 2 1 2 8 1 8 0 4 1 1 L A B A T O N SUCHAROW LLP /

*

Wimess 43) Jozef S b u s (Client of Mofo) 44) Kevm Kalkhoven (Heller

45) Cisco or fomer employee 7

Location OMWS Snn Francisco

Date November 2006 Novcrnbcr 2006


Exhibit E


11/10/2006 20:33 F A X 12128180477 LABATON SUCHARUW LLP

Labaton Sucharaw

VIA FACSIMILE

Philip 7. Hcsirof, li,sq. Morrison & Ftbcrsrcr 425 Marker Srrt!er San Fmncisco, California 94 105-2482

Atfilchcd is our updstcd witness List. It includcs a 1 depositions tnkcn to dare as well as those we conrcmpla~c mking. Consistc~~t Jtirh Judge T.apcrrtc's otdct, h e roral numbcr of wirnesscs i~ 55.

We nre no lonpc uccking drposidono ftom Richard Frick, Stcvc Almassy, Brian Cover, Tom Dental, I;~-ank B o h a n and Bbamberg. In addtion, as we discussed ycutcrday, wc would agree nor to rakt rhc dcpc)sirioas of lleanc Nolan and Lou Gxeco if dc€cndanes will agee tc) cxend the k c to bke rcsrimorly Eroizi d ~ e following Canadian wimcssca: Thomas Picre, Gordon Buchan and one formcr Norrcl cmploycc (either Ken B~tcllcy or Cinxin Cunco).

We undenmnci your clcsirc nor to wee to an open ended cxtcnxion, so we proposed that wc extend che timc tc) complete thosc cicpositions until: (a) no lercr than 45 days nficr .ucrvice of the order of a i:anactian Court compcllu~g chose wit~~csses to tcsafy, or. @) n A p d 2,2007, without prejudice to our right to seck an additional cxtcnsior~ if necessary and without prejudice to defendants' ught to opposc that exrension.

Wir~~csses 49 through 54 on oiil. lisr art: formcr employees of JDSU and number 55 is a wimcss tc> rrsufj on bchalf ofJDSLI rcgardin): invcrrtr,ry pursuant to Rule 30@)(6). Please let rnc know whcthujDS will arrange €or chose wimcsscs to give dgositions and provide dares.

Wc rclched an agccincnc fox Rlrrombeg ro psovide a dcclaradon authcnticrchg recordings in lieu ot'ii deposition. Wc intend ro sharc that declaration with counsel fur thc defendants whcn we rcccivc it. Wc have nor yet wirhdznwn rhe subpoena to Bloomberg, but will do so upon receipr of rhc dcclara tioil.


11 /10 /2006 20:33 F A X 12128180477 LABATON SUCHAROW LLP

Anthony J . Harwood

cc: Howard Cato, Esq. jcfftcy Squire, Esq. ( :hristop her Heffdfinger, Esq. nmicl Harris, Esq.


11/10/2006 2 0 : 3 3 FAX 12128180477 L A B A T O N SUCHAROW LLP u u q / v u o

C O W C T I C U T S DEPONENTS AS OF NOVEMBER 10,2006 (Chronological Order)

1 . -

Fed. R. Civ. P. 30@)(6) by Robert I I 1

Date August 17,2005 August 24,2005. September 9,2005 and June 7,2006

.. . Witness 1) Bryant I-Tichw~ 2) JDS on Documenr Ret.endon,

Pursuant to Fcd. li. Civ. P. 30(b)(G), by Kenneth Cameron and Jamcs Walker

- .. 3) john Werherdl 4) Ycter Heywood 5) leffrey Clstcr 6) IDS on the lkdbook Pursuant to

Location S m Francisco San Francisco

D~ytona Rcach New York City New York City Ottawa

Russell 7) X,eslic llrown H) '1'0ni McWilliams 9) Shclly I'ictrrrsdc 10) Druvid Lighdoor 1 I) Carol Anne Graves 12) Stephanic Franklin 13) 'Rick MncMillan 14) Candy Johnston

October 17,2005 December 1 5,2005 February 27,2006 March 16,2006

30@)(6) witness 19) Kuss Johnson 20) J R Newhncl (Lucent) 31) Kcrry Dehoriry 22) Kumar Visvannthn

- 23) Bob Russcll 24) Leo l~lebvre 25) Josc Mejh (Lucent) 26) Mario Leduc 27) Mnu~icc Tavaxes 28) Ken <:rawford 29) Michael l ~ ~ p s - 30) Alison Rcyndcrs 3 1 ) Roger Miskuwicl:

September 13,2006

I 8) Erns t LYe Young by Ed Grabowy as San Jose

Sm Francisco California lrvinc, California Ottawa Ottawa San Francisco Ottawa C a l i f o d

40) Petcr Moore

A u p ~ t 18,200G August 18,2006 August 22-23.2006 August 29,2006 August 30,2006 August 31,2006 August 31,2006 September 8,2006 -

Medo Park Denver San Jose Ottawa Ottawa Omws San Francisco Q m w a Ottawa Palo Alto Palo Alto Ncwnrk U y w a San Franci~co

Octobes 17,2006 October 18,2006 October 20,2006 Octobcr: 20,2006 Octobcr 25,2006 Octobct 25,2006 October 26,2006 November 1,2006 November 3,2006 November 3,2006 November 8,2006 Novembex 11,2006 Novembcr 14,2006

Omwa

November 17,2006

N\lovember- - November 20,2006 November 20-2 1,2006 November 21 -22,2006 N(wembcr 27-28,2006 Week of November 27,

33) Jeff Chase 34) Gerry Fine (Comb& 35) Ghazi Chroui (Coxvis)

2006 November 29,2006

Palo Alto Boston Baldmore

36) Charles Jay Abbe 37) Kevin K;.lkhuvea 38) Jozcf Stnus 39) Cisco pursuant to 30@)(6)

Sari Francisco Medo Park Otrawa Tn bc dctcrmiled


11/10/2006 20:33 FAX 12128180477 L A B A T O N SUCHAROW LLP a u u s / u u 3

Date Nov~lnbcr 30,2006

November 30,2006 November 30-Dccembet 1, 2006 'i'o be dctcnnined To be dctcrmined To be determined

To t c dccermined

To be determined To be dctcrmided To be dctennincd '1'0 be determined To be dctcrmi~~cd '10 be determined To be determined

Wimess 41) Eian Gcrtel

42) Glen Kernick (I~riccwarcrhouse) 43) Anthony Mullex

44) Thomas Piue 15) Gordon Buchan 46) Ken Bradley at C:ulzh Cunco

(Norteo 47) Nortel purxuan t ro Fed. R. Civ. P.

3 0 (b) (G) 48) Ilcanc Nolan 49) Lou Greco 50) Fred Schafer 51) Utucc Day 52) Trevor Roots 53) IJhil Anthony

Locarion Philadelphln (location ro be confirmed) Snn Francisco Palo Alto

Ontatio, Canada Onwrio, Canada Ontario, Canada

To be d e t e k e d

Ontario, Canada Ontario, Canada Ontario, Canada To be detcrmincd '1'0 be determined To bc d c t d n c d To be determined

55) JDS pursuant to I;ed.R.Civ.P. 3O(b)(6) by a rcprcsennuve knowledgmb b about inventory rcporring, controls, rcscrvcx, writc downs, aging and obsotescencc

To be determined To bc d t t d e d


Exhibit F


1

2 UNITED STATES DISTRICT COURT

3 NORTHERN DISTRICT OF CALIFORNIA

4 OAKLAND DIVISION

5

6 - - - - - - - - - - - - - - - - - - - - - - --

IN RE : JDS UNIPHASE Master File No .

7 CORPORATION SECURITIES No . C-02-1486 CW

LITIGATION ,

8 ------------------------

9

10

11

12

.13 CONFIDENTIAL VIDEOTAPED

14 DEPOSITION OF ROBERT M . GALLAGHER

15 Trenton, New Jersey

16 Monday, August 7, 2006

1 7

18

19

20

21

22

23

24 Reported by :

FRANCIS X . FREDERICK, CSR, RPR, RMR

25 JOB NO . 8003

t• . COPY

TSG Reporting - Worldwide 877-702-9580

1 . 1 R. GALLAGHER -- CONFIDENTIAL

2 Q. What did you tell the investigator

3 about JDS/Epitaxx ?

4 A. I can't recall specific comments

5 that I made .

6 Q. Can you recall any comments?

7 A. Not specifically, no .

B Q. But even in the most general

9 sense .

10 A: In a general sense? I think the

11 conversation got around to whether I guess

12 maybe some product had been overproduced or

13 returned from customers .

14 Q. Did you tell him that some product

15 had been overproduced or returned ?

16 A. I believe I indicated that some --

17 I had been told some product had been returned

18 from a customer -- or customers .

19 Q . What customer?

20 A . I believe our major customers,

21 Alcatel, Nortel .

22 Q. And what time period had product

23 been returned from those customers did you

24 tell him ?

25 A. That was -- well, I don't recall


3

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4

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16

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23

24

25

R . GALLAGHER - CONFIDENTIAL

specifically but I think it was not too long

before my termination there .

Q . So it was sometime in '01 .

A. Yes .

Q . Is there anything else you recall

telling the person who called you ?

A . I mean, we chatted about a couple

different things but I .can't specifically say

that I recall .

Q . What other things did you chat

about? Even in the most general way that you

recall .

A. I really can't specifically think

of anything . Or even generally think of any

particular subject .

Q . How long did the conversation

last?

A . I would just guess about 15

minutes . Twenty minutes .

Q . Was it one conversation or more

than one ?

A . I believe when we actually had a

conversation it was just the one time .

Q . Did the person doing the -- did


9

1 R . GALLAGHER - CONFIDENTIAL

2 Q . So you wouldn't have said that i f

3 it was used before it came on line, would you ?

4 A . I don't bE~y ;ve I would have sai d

5 that, no .

6 Q . Because that would have bee n

7 incorrect, right ?

B A . Right .

9 Q . Take a look at -- turn the page .

10 Paragraph 90 refers to you, a former logistic s

11 analyst at the JDS plant, in and around - -

12 according to you in and around April 2000 ,

13 Lucent and Nortel, the clients who take .

14 delivery on orders, leaving that facility in

15 approximately 40 million in excess inventory .

16 You were just describing to me a

17 few minute s ago a discussion similar, simila r

18 to this ; i s that correct ?

19 A . Yes .

20 Q . And you said that that referred to

21 customers declining to take orders sometim e

22 just a few months before you left in '01 ; is

23that correct ?

24 A . That's correct .

25 MS . KILLIAN : Objection as to the


0

I R. GALLAGHER - CONFIDENTIA L

2 characterization of his testimony . I

3 don ' t think he testified as to a few

4 months . I think he just said c~,crtly

5 before .

6 Q. So that this statement is

7 inaccurate ; is that correct , that this .

8 statement is inaccurate ?

9: A. I would say the date there i s

10 inaccurate .

1.1 Q . And if you take a look an page 37,

12 paragraph 169, this says that -- attributes to

13 you that by the fall of 2000 orders .were only,

14 quote -- this purports to quote you ,

15 "trickling in . "

16 Now, we just talked a little while

17 ago about how in the fall of 2000 you wer e

18 working with your new supervisor about a

19 system -- trying to design a system to meet

20 the growing demand for product . So is this

21 statement in 169 correct ?

22 A. I would say that date i s

23 incorrect .

24 Q. What date would you use?

25 A. 2001 .

TSG Reporting -Worldwide 877-702-9580

Exhibit G




3 OAKLAND DIVISION

4 --------------------------

)

5 In re : JDS Uniphase ) Case No .

Corporation Securities ) C-021486

6 Litigation ,

7 --------------------------

8 DEPOSITION OF: MAREK TYBOR

9 DATE : November 16, 2006

1° HELD AT:

11 Sheraton Bradley Airport Hotel

12 Ellsworth Room

13 Windsor Locks , Connecticut

14 - -

15

16

17

18

D COPY

Reporter : SUE A . TERRY, RPR/CRR, LSR #SHR .372

19 TSG REPORTING, INC .

747 Third Avenue - 28th Floor

20 New York, New York 10017

21

22

23

24

25


1

1 any other understanding that you had been identified

2 as confidential witness number 20 in this case ?

3 A. No .

4 Q. Turning to Exhibit 129, the second page ,

5 Mr . Tybor, I direct your attention to paragraph 86 .

6 We can read it together, if you would like to read

7 it on your own .

8 A. Okay .

g Q. And for the record, I would like to read

10 paragraph 86 .

11 "So, too, confidential witness number 20, .

12 a clean-room technician at the Bloomfield plan t

13 stated that the downturn in JDS' business started,"

14 open quote, "right after winter," close quote ,

15 "2000 . Cisco, Lucent, Ciena and Alcatel canceled

16 orders once or twice every one and a half or two

17 weeks beginning in March and April, 2000 . Indeed ,

18 rooms of inventory were stacked up in the Bloomfield

19 plant, requiring JDS to move people to anothe r

20 building to make room for all of the product and

21 equipment lying around . "

22 Did I read that correctly, Mr . Tybor?

23 A. Yes .

24 Q. Now, it was your testimony earlier that

25 you did not start working at JDS until November o f


5

1 2000 ?

2 A . Yes .

3 Q . So we should take it line-by-line here .

4 You are confidential witness number 20 ; correct ?

5 A . Yes .

6 Q . Is that your job title, a clean-room

7 technici an ?

8 A . Yes .

9 Q . You worked at the Bloomfield plant ; i s

10 that correct ?

11 A . Yes .

12 Q . Did you tell the Plaintiffs that yo u

13 stated - - excuse me -- that the downturn in JDS '

14 business started right after winter, 2000 ?

15 A . To the best of my recollection, yes .

16 Q . What do you mean by "right after winte r

17 2000"_-- months, if you could provide them ?

18 A . February, March .

19 Q . February and March of 2000, but you didn' t

20 start wo rking at JDS until November of 2000 ; is that

21 correct ?

22 A . Yes .

23 Q . What basis do you have for any knowledge

24 of JDS' business prior to your employment there ?

25 A . I might have mixed up this date .


1

1 Q. The 2000 ?

2 A. Right after the winter of 2000 .

3 Q. And what -- what should it be, if you

4 started in November of 2000 ?

5 A. 2001 .

6 Q. The next sentence provides "Cisco, Lucent,

7 Ciena and Alcatel canceled orders once or twice

8 every one and a half or two weeks beginning in March

9 and April, 2000 . "

10 Let's start with the date . Is that

11 incorrect -- March and April, 2000? Did you tell

12 the Plaintiffs that ?

13 MR. KLINGMAN : Objection . Do you want

14 to put that in ?

15 MR. HRVATIN : Yes, thank you .

16 BY MR . HRVATIN :

17 Q. Did you provide that statement to the

18 Plaintiffs ?

19 A. Yes .

20 Q. It's your prior testimony that you were

21 not employed at JDS until November, 2000 ?

22 A. I also stated that I wasn't sure of the

23 dates .

24 Q . The dates of this statement or the dates

25 of your employment ?

TSG Reporti ng - Worldwide 877-702-9580

7

I A . The dates of the statement .

2 Okay. So do you -- when you spoke with

3 Plaintiffs, did you tell them you were unsure about

4 this date ?

5 MR. KLINGMAN : Objection .

6 A. Yes .

7 BY MR, HRVAT.IN :

8 Q . What did you tell them exactly?

9 A. I don't remember .

10 Q . If you were to rewrite this statement,

11 would you. include those dates currently ?

12 A. I don't know .

13 Q. What is your basis of knowledge fo r

14 canceled orders beginning in March and April of

1$ 2000 ?

16 A. What is my basis ?

17 Q . The basis for that statement . How do you

18 know that there were canceled orders once or twice

19 every one and a half or two weeks beginning in March

20 or April of 2000 if you weren't employed there until

21 November of 2000 ?

22 A. This date must be wrong .

23 Q . And what should it be ?

24 A. This should be in the term of my

25 employment .


8

1 Q . Were there canceled orders -- are yo u

2 aware of canceled orders in November of 2000 whe n

3 you were employed there ?

4 A . November of - -

$ Q . 2000 when you first began working at JDS

6 Uniphase ?

7 A . No .

8 Q . December of 2000 ?

9 A . No .

10 Q . January of 2000 ?

11 A . No .

12 Q . Excuse me -- January, 2001 ?

13 A . No .

14 Q . February of 2001 ?

15 A . No .

16 Q_ March of 2001 ?

17 A . Right there .

18 Q . How about April, 2001 ?

19 A . Yes .

20 Q . How about canceled orders after April ,

21 2001 ; let's start with May, 2001 ?

22 A . Possibly .

23 Q . Possibly . June, 2001 ?

24 A . After that, I don't know .

25 Q . Okay . You noted earlier that you kne w


9

1 that certain customers of JDS Uniphase purchased the

2 wafer product that you worked on?

3 MR. KLSNGMAN : Objection .

4 A. No .

BY MR . HRVATIN :

6 Q. Do you know that -- do you know whether

7 Cisco was a customer of JDS Uniphase ?

8 A. Yes .

9 Q. How about Lucent?

10 A . Yes .

11 Q . Ciena?

12 A. Yes .

13 Q . Alcatel?

14 A. Yes .

15 Q . The last sentence, "Indeed, rooms o f

16 inventory were stacked up in the Bloomfield plant

17 requiring JDS to move people to another building to

18 make room for all the product and equipment lying

19 around . "

20 A. Possibly what I meant was equipment rather

21 than stock -- rather than inventory stock .

22 Q . I'm sorry, so rooms of -- you would

23 replace inventory with equipment ?

24 A. Correct .

25 Q. Uh-huh . And there's no time period


1 associated with this statement .

2 Did you provide the Plaintiffs with a time

3 period as to when rooms of -- as you woul d

4 correct -- equipment were stacked up?

5 A. I don't remember .

6 Q. Could it have been in March and April of

7 2001 ?

8 MR. KLINGMAN : Objection .

9 A. Possibly .

10 BY MR . HRVATIN :

11 Q. Would you have any knowledge as to any

12 inventory or equipment being stacked up prior to

13 your employment at JDSU ?

14 A. No .

15 Q. If we could turn to the last page of this

16 exhibit, Page 21, paragraph 93, read the paragraph

17 into the record, "Likewise, confidential witness

18 number 20, a clean-room technician in Bloomfield ,

19 was told by his supervisor, Brett Shanaman, that in

20 March or April of .2000, that an order was canceled,

21 but was to be filled any way . The order was for

22 between 36 and 48 modulators . "

2.3 Is it your position that you're the

24 clean-room technician ?

25 A. Correct .


Exhibit H


1



3 OAKLAND DIVISION4

In re : JTDS UNIPHASE5

CORPORATION SECURITIES LITIGATION6

Case No . :7

C-02-1468 CW (ELD)8

9

10

Videotaped Deposition of :11

DANIEL PATRICK WELCH12

Friday, November 10, 200613

Hampton Inn14

190 Holiday Drive15

Clarksville, Tennessee16

17

18

19

20

21

22

23

24

25

COPY


8 e

1 11/10/06 DEPOSITION OF DANIEL PATRICK WELC H

.2 Q . Do you recall the fact that muc h

3 of December was taken up with the Supreme

4 Court deciding who the president, nex t

5 president would be, either Al Gore or Georg e

6 Bush .

A . Yes .

8 Q . Do you recall where you worked

9 during that month of December?

10 A . Yes .

11 Q . Where did you work?

12 A . JDS .

13 No, strike that . I worked at

14 GSG .

15 Q . So in December of 2000 you worked

16 at GSG ; correct ?

17 A . Correct .

18 Q . And it's true that you started a t

19 JDS in January of 2001 ; correct ?

2 0 A . Correct .

21 Q . And you left JDS in late 2001 ;

22 correct ?

23 A . Correct .

24 Q . Do you recall what month you

25 left?


1

I 11/10/06 DEPOSITION OF DANIEL PATRICK WELCH

2 refers to a cut of overtime from 10 hours a

3 week to zero . And Exhibit 81 reference s

4 implementing a zero overtime policy effective

s April 1st, 2001 .

6 Do you recall multiple zero

overtime policies-being implemented while you

8 were at JDSU?

9 A. No .

to MR_ ZIPPERIAN : Object to

11 foundation .

12 MR. WEST: I'm handing the court

13 reporter a two-page document ; ask that it be

14 marked as defense Exhibit 123 and hand it to

1s Mr . Welch . I'm also handing a copy t o

16 counsel .

17 (Exhibit 123 marked . )

18 Q. (By Mr . West) Mr . Welch ,

19 Exhibit 123 is paragraph 105 from the Second

20 Amended Consolidated Complaint filed by the

21 plaintiffs in this lawsuit ; ask that you take

22 a moment to read it, and then we'll talk

23 about it .

24 A. I've read it-

25 Q . It states that confidentia l


1

I 11/10/06 DEPOSITION OF DANIEL PATRICK WELCH

2 witness number 23, the manufacturing

3 supervisor in Bloomfield, stated that by

4 early spring of 2000 Lucent returned 3,000

5 OC-192 modulators, which cost approximately

6 $5,000 each, to Bloomfield due to corrosion .

Do you see that ?

8 A. Yes .

9 Q. Does that sound like something

10 you said?

11 A. I don't recall if I gave tha t

12 date, but Lucent returning 3,000 OC-192's for

13 corrosion sounds like something I'd say .

14 Q . And again you were not at JDSU

'15 during the spring of 2000 ; correct ?

16 A. Correct .

17 Q. The 3,000 OC-192 modulators that

18 were returned due to corrosion, do you recall

.19 when that occurred ?

20 A. No, I do not .

21 Q . How is it that you know tha t

22 Lucent returned 3,000 OC-192 modulators due

23 to corrosion ?

24 A. During a staff meeting .

25 Q- You heard about this at a staf f


1

11/10/06 DEPOSITION OF DANIEL PATRICK WELCH

2 meeting ?

3 A . Yes .

4 Q . Do you recall who said this a t

5 the staff meeting you heard this information ?

6 A . No .

7 Q . It also states that the OC-19 2

e modulators cost approximately $5,000 each .

9 Is that something you said?

10 A . It could be, approximately; I

11 believe I recall that's about what they were

12 worth .

13 Q . And how is it that you know tha t

14 they were approximately $5,000 each ?

15 A . All, word of mouth .

16 Q . The paragraph goes on to say

17 that, However, when JDS offered to replac e

18 the modula tors, Lucent refused to take the

19 replacement of the $15 million order ,

20 indicating that the return was primarily du e

21 to demand issues rather than to qualit y

22 issues .

23 Do you see that?

24 A . Yes, I do .

25 Q . Did you say that ?

TSO Reporting -Worldwide 877-702-9580

Exhibit I


Page I

1


3 NORTHERN DISTRICT-OF CALIFORNIA

4 OAKLAND DIVISION COPY5

6 ---------------------------------------_-----x .

7

In Re JDS UNIPHASE CORPORATION

Case No . C-021486

SECURITIES LITIGATION

9

------------------------------------ .-------_ -x10

11

12

13

14

15

16

17

18

19

20

21

22

23

VIDEOTAPED DEPOSITION

OF

JODI BLANCO

Hartford, Connecticut

Tuesday, October 24, 200. 6

Reported by :

24 ANNETTE ARLEQUIN, CSR, RPR

JOB NO . 869 0

25


Blanco

2 products were nickel-plated?

3 A. No .

4 Q. These components I should say . These

5 components were nickel-plated .

6 Did anyone tell you that?

7 A. No .

8 Q Your job didn't involve putting

9 together the materials which made up the

10 components ?

11 A. Not for the actual cases . The cases

12 came in from a manufacturer I believe outside

13 somewhere . I don't know . We just assembled

14 what they gave u-s .

15 Q. This goes on to say that "An entire

16 warehouse full of these eroded modulators were

17 returned to JDS .in the spring of 2000 . "

18 MR. KLINGMAN : Objection . 1think

19 you want to say corroded . '

20 MR. WEST : I'm sorry . Did I misread

21 that? Let me read it -- thank you ,

22 counsel . Let me read it again for the

23 record .

24 BY MR . WEST : .

25 Q . "An entire warehouse full of thes e


Page, 53 1

1 Blanco

2 corroded modulators were returned to JDS in the

3 spring of 2000 . "

4 Do you see that?

5 A. Yes .

6 Q. Did you tell anyone that?

7 A. I believe I did .

8 Q. You weren't at JDSU in the spring of

9 2000, though ; is that right ?

10 A. According to the dates,-this had said

11 2000 but this may have been error .on their part

12 when they wrote it down .

13 Q . Okay . Did you tell .--

14 A. Because I think that's an incorrect

1s statement as far as that but . . .

16 Q. You think that's an incorrect-

17 statement ?

18 A. As far as-the date it is .

19 Q. So do you recall telling anyone that

20 you -- strike that. -

21 Do you recall telling anyone that an

22 entire warehouse full of these corroded

23 modulators were returned to JDSU in the spring

24 of 2000 ?

25 A. It was in the spring of 2001 .


4

Blanco

2 Q.. It goes on to say, "The witness said

3 that this problem continued through at leas t

4 August 2000 and caused severe customer relation

5 problems with major customers including Lucent,

6 Alcatel and Nortel . ° "

7 Did you tell anyone that ?

8 A. I believe I did, but again, the date,

9 it wasn't'August of 2000 .

10 Q. August of 2000 is when you started at

11 the company, right ?

12 A. Correct .

13 Q. And you didn't .see this problem when

14 you started at the company in August of 2000,

15 correct ?

16 A. No, it was at the end of-my

17 employment or near the-end of my employment .

18 Q. That you first saw the problem with

19 the corroded modulators ?

20 A. Correct .

21 Q. And near the end of your employment

22 would be around April of 2001, correct ?

23 A. Right .

24 Q. We have to be careful not to tal k

25 over one another . She types fast, but not that


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