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I LE
OCT 0 7 2011

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SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA

Tmco SOFTWARE, INC., et ai,

Plaintiffs, vs.

ase No.: 1-10 CV 174346 RDER RE: DISCOVERY MOTION ate: October 7, 2011 ime: 9:00 a.m. ept: 16 ineNo.: 7

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ENSUANT, INC., et ai, 10 Defendants. 11 12 The motion to compel deposition came on for hearing before the Honorable William J.

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Monahan on October 7,2011, at 9:00 a.m. in Department 16. The matters having been 14 submitted, the Court orders as follows:

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Defendants Ensuant, Inc., Puneet Arora, Basanth Gowda, and Nelson Petracek's 16 (''Defendants'')' motion to compel the deposition ofplaintiffTibco Software, Inco's chief 17 executive officer, Vivek Ranadive ("Ranadive"), is GRANTED IN PART. Defendants may

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depose Ranadive about his motivation for pursuing this litigation and his personal relationship 19 with defendant Puneet Arora; but may not depose him regarding his role in, or knowledge about, 20 the cancellation of defendant Ensuant, Inc.'s contract with Macy's. 21 Defendants request in their reply papers that the Court compel the deposition of Ranadive about any other Ensuant customers he may have interfered with is DENIED

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WITHOUT PREJUDICE.

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Ranadive shall appear for deposition by Defendants within 60 calendar days of this UfU'''f, I 25 and his deposition shall be completed within four hours. 26 Dated: October 7, 2011 27

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SUllen'J\: Court

No. 1-10 CV 174346 Order Re: Discovery Motion Page 1 of1

SUPERIOR f i T OF CALIFORNIA, COUNTY 191 N. First Street San Jose, CA 95113-1090

SANTA CLARA

F
TO: FILE COPY
DAVID H. YAMASAKI
Superior

crt<'

oIS.....Cln

DEPIIIY

Chaorhar
RE: TIBCO Software Inc. Vs Ensuant, Inc., Et Al Case Nbr: 1-10-CV-174346
PROOF OF SERVICE

Order Re Discovery Motion

10/07/2011

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was delivered to the parties listed below in the above entitled case as set forth in the sworn declaration below.

Parties/Attorneys of Record: CC: Scott D. Baker, Reed Smith LLP 101 Second Street, Suite 1800, San Francisco, CA 94105-3659 William Ross Overend , Reed Smith LLP 101 Second Street, Suite 1800, San Francisco, CA 94105-3659 Michael A. Farbstein , Farbstein & Blackman 411 Borel Avenue, Suite 425, San Mateo, CA 94402-3518 Patrick E. Premo, Fenwick & West LLP 801 California Street, Mountain View, CA 94041

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you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with (408)882-2690 or
{aOO)735-2922.

Disabilities Act, please contact the Court Administrator's office at (408)882-2700, or use the Court's TOD line,
the Voice/TDD California Relay Service,

DECLARATION OF SERVICE BY MAIL: I declare that I served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown above, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on 10/07/11. DAVID H. YAMASAKI, Chief Executive Officer/Clerk by Nannette Chapman, Deputy