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Joseph J. Tabacco, Jr. (75484)Christopher T . Heffelfinger ( 118058)BERMAN DeVALERIO PEAS E

TABACCO BURT & PUCILLO425 California Street, Suite 2025San Francisco , California 94104-2205Telephone: (415) 433-3200Facsimile : (415) 433-6382

Liaison Counsel for Lead PlaintiffConnecticut Retirement Plans and Trust Fundsand Counsel for Oklahoma FirefightersPension and Retirement System

Jonathan M. PlasseBarbara J . HartAnthony J . HarwoodMichael Stocker (179083)Jon AdamsLABATON SUCHAROW & RUDOFF LLP100 Park AvenueNew York, New York 10017-5563Telephone : (212) 907-0700Facsimile: (212) 818-0477

Lead Counsel for Lead PlaintiffConnecticut Retirement Plans and Trust Fund s

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

IN RE JDS UNIPHASE CORPORATIONSECURITIES LITIGATION

Master File No. C 02-1486 CW

DECLARATION OF MARK I . LABATON INSUPPORT OF PLAINTIFF'S MOTION TOCOMPEL FURTHER DEPOSITIONTESTIMONY AND TO REQUIRE CISCOSYSTEMS, INC. TO SEARCH FORDOCUMENTS RESPONSIVE TOPLAINTIFF'S PRIOR DISCOVERY

Date: January 23, 2007Time: 9:00amPlace: Courtroom of Hon. Elizabeth D.

Laporte

NOTICE OF MOTION AND TO COMPEL FURTHER DEPOSITION TESTIMONY AND MEMORANDUM IN SUPPORT

Master File No. C 02-1486 CW

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DECLARATION OF MARK I . LABATON

I, MARK I. LABATON, declare as follows :

1 . I am an attorney in this action, licensed to practice in the State of California and befor e

this Court and am a partner in the firm Kreindler & Kreindler, LLP. I respectfully

this declaration in support of Plaintiffs Motion to Compel.

2. On November 13, 2006, Plaintiff served on Cisco a Fed . R. Civ. Pro. 30 (b)(6) subpoena

compelling Cisco to produce a person most knowledgeable on ten topics of examination ,

as set forth in Schedule A to the subpoena. Attached as Exhibit 1 is a true copy of tha t

subpoena .

3 . On November 27, 2006 Cisco produced Mr . Moises Mares, Jr. as its only witnes s

pursuant to the November 13, 2006 subpoena. Plaintiff has filed a copy of the transcript

from that deposition under seal . Attached as Exhibit 7 is a true copy of the transcript fro r

the deposition of Moises Mares, Jr .

4. On January 18, 2006, Plaintiff served a subpoena to produce documents . Attached as

Exhibit 2 is a true and current copy of that subpoena . Cisco produced 349 pages o f

documents in response to this request, including a 98-page product order.

5. Attached as Exhibit 3 is a true copy of Cisco counsel's November 28, 2007 letter listin g

the employees counsel claims were contacted apparently to provide documents in

response to Plaintiffs subpoena of January 18, 2006 .

6. Attached as Exhibits 4 to 6 are true copies of meet and confer correspondence sent b y

counsel for Plaintiff and for Cisco .

7. On December 8, 2006, counsel met and conferred via telephone, and Cisco' s counsel

repeated its position that Cisco would not provide an additional witness or witnesses

qualified to testify on the remaining topics of examination, nor would it conduct another

document search .DECLARATION OF MARK I. LABATON IN SUPPORT OF MOTION TO COMPEL FURTHER DEPOSITIONMaster File No. C 02-1486 CW

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8. Mr. Mares testified

9 .

See Exhibit 2, Transcript, pp . 50-52 .

10 .

See

Exhibit 7, Transcript, p. 68, lines 10-14 .

1 . See Exhibit 7 ,

Transcript, pp. 70-74 .

12. , , .

See Exhibit 7,Transcript, p. 83, lines 7-

20.

13 . Mr. Mares testified:

DECLARATION OF MARK 1 . LABATON IN SUPPORT OF MOTION TO COMPEL FURTHER DEPOSITIONMaster File No . C 02-1486 CW

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See Exhibit 7,Transcript, pp. 49-51 .

14. At the deposition, I objected to Cisco's failure to produce a witness competent to testify

pursuant to according to Fed . R. Civ. Pro. 30 (b)(6) . See Exhibit 7, Transcript, p. 177,

lines 18-23 and p . 180, lines 1-7 .

I declare under penalty of perjury that the foregoing is true .

Executed this 12th day of December , 2006 in Los Angeles, California .

By:MARK I . LA BATON

DECLARATION OF MARK I . LABATON IN SUPPORT OF MOTION TO COMPEL FURTHER DEPOSITIONMaster File No. C 02.1486 CW

-t

EXHIBIT 1

dA098 fRcv. lPD4tCaA,nnerreineCmll~xc -Y S R ~~

Isstied by the

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CAI.IFORHIA

IanJDSUniphate Cocpaation Sec itie r Litigation

SUBPOENA IN A CIVIL CASEV.

Glse Namber :' C42-1486 CW

c seo systemsdoMorganLewis&Bodcias -One Maticit. SpearStfeet TowerSan Francisco CA 94105

YOU ARE COMMANDED to Wear in the United States District court at the place data and time specified belowtestify in the above eac.

ru►cB~ 7FSru aoa i!r UX*TROOM

DME AMnME

YOUABECOWANDEDtoappearattheplace, dat e.and time specifiedbelowtotestifyatthetakingofa depositionia~eaboy ' ease, conceraiug . the matters specified on attached-Schedule A. The deposition srii:

rt:ACSO>: ort antlJor by ve ote. nArf~ranrKe~- - Me gan Lcwla& Bbc ldas 2000 EI Camhw Real 0700, Palo Alto, CA94306 Novembc r2g, 2006 930am

YOUARECOMMANDEDtoprodaceandpennitlnspectionandcopywgofthefolowingdoc meutsorobj ectsattheplace, date, and time specified below (list documents or objects}:

K AC nA7~ pro

YOU ARE COMMANDED to permit inspection of the following proadses at the date and time specified betow. -'

rxs~a DAts

7rIMs

Aay-osganizatdon not a party to this suit that is subpoenaed for the taking ate deposition shall designate one or more ofccr;djectoa„ or managing agents, or other persons who consent to Testify as itsbebaW and may set forth, br each person designated.. themaUcrs .an which the person will Ieitify. Federal Rules ofCivil Procedure, 30(%).

MUMOFF S SK tAT(RtE =TE F AT IIORNEY ApR Qk bhFEJJDATtij DAI

S November 13, V06

iSAR Go> a's. .AMPESS WUU ERaur"topher T.Heli'a linger Esq .42S Cartage Smut Suitc2100,San Fiandsca CA 94104' (415)433-3200'

• . (Soraak 4S. Hied a'I,$ acci a fasd.M r4 *CA a aa ..a I.S.1

` . •Ifaaiooispw giadutri<todia6~ :aaishiaorruvancc.nu dismctwidcr case nuadw.

_=. . . _. 5

Qf8IRev- 11% 1n aCowl Claw

PROOF OF SRYI( E ... ' DATE tI11CF

SERVED

agt~morrtrltnatxnl~tFa . NANNE&oYSERVICE

SERVEDN1f iFRtNI NNdE1 7IILE -

DECLARA71ON OFSPRVER . • s

I declare under pwalty of peajmy ands tke laws of the United States of Aineru that the foregoing-wfonnafloncobbiocd in ftProof of Service b true and corn=!.

I Faiected an -DATE SMATUMOF58RVER

AUDRMOFS &VER

t~ k ~r

w gil l

` I'' a hiDe C.

CISCO SYStEMS

2 SCHEDULE A

3 TOPICS OF EXAMINATION

-4 L DEFIIIITIONS

5 The definitions and instructions set forth in the Federal Rules of Civil . Procedure and the

6 applicable Local Rules -areadopted and treated as iffully set forth herein. The words and phrase

7 set forth below have the following meanings:

9 . 1. "Cisco?* means C seo Systems,Inc., and each of its divisions, subdivisions, offices

9 joint ventures, parents, subsidiaries, successors, predecessors, and all present and former partners:

10 principals, directors, members, officers,employees,representatives, agents and other person acting

11 on behalf ofany ofthem.

12 2. "JDS" means 1DS Uniphase Corporation- and each of its affiliates, divisions ,

33 subdivisions, offices, joint ventures, subsidiaries, successors and predecessors(including, but not

14 limited to, Uniphase Corporation and JDS FITS!,, Inc.), and all present and former directors ,

15 officers, employees, representatives, agents and other persons acting on behalf of any of them.

.16 3.' "Document" or "documents" means any written, printed or electronically stored

17 information, including writings, drawings, graphs, charts; photographs,sound recordings, images,

18 and other data or data compilations stored in any medium from which information can be obtained

49 A draft or non-identical copy is a separate document within the meaning of this term .

20 4. `Concemireneans relatingto, referring to, describing, evidencing orconstituting.

21 5. "Person" or "persons" means any natural person or any business, legal or

22 governmental entity, association or arrangement.

23 6. "Any and all" shalt be construed as all and each .

24 7. "And" and "or"shall be construed either disjunctivelyor conjunctively as necessary

25 to bring within the scope ofa topic or request all information or responses that might otherwise be

26 considered to be outside of its scope.

27

_28jC-02-1486 CWJ CISCO SYSI MS SCHEDULE A

:. S

11 _ -t

8-- Unless otherwiseindicated,therelevarittimeperiodisfromOctober1,1999through

2 July 31, 2001 ("Relevant Time Period") and to events or circumstances during such period, even

3 though dated, prepared, generated or received prior to or subsequent to that period .

-4 II. TOPICS OF EXAMINATION

S 1. Cisco's search for, assembly andpiuduction ofdocumentspursuanttothesubpoena

6 issued to it iii this litigation dated January 18, 2006, including, but not limited to, der; in

7 . conducting such search, the following persons were contacted and their files (including e-mail

8 accountsremovable optical and magneticmedia, and computer band drives) were examined (i) Car l

' 9 Redfield, (n) Carl Russo, (ii') John Cambers, (iv) Moises Mares, (v) James Wholley, (vii) Karen

10 Ashley, (vii) Brenda Yu, (viu) David P. Bourque, (ix) Rick Kauten, (x) Keith Canevaro and

11 (xi) Mark Bongi .

12 2. Cisco's contracts and agreements with JDS during the Relevant Twee Period,

13 including, but not limited to, agreements providing for sales with rights of return, consignment

14 agreements, "bill and hold" arrangements, oral agreements modifying written agreements,-and

IS agreements reflected by "side" letters .

16 3. Cisco's forecasts or projections of demand for JDS' products during the Relevant

17 Time Period, includung, but not limited to, any reduction, modification or other change to such

18 forecasts or projections .

I9 4. Cisoo's return ofJDS products during the Relevant rime Period, including but-not

20 limited to, those based on defects, lack of compliance with specifications or for other warranty

21 reasons, or on contractual rights of return.

22 S. Cisco's orders for JDS products during the Relevant Time Period, and any

23 modifications to such orders, including, but not limited to, modifications or pushing out of delivery

24 dates, changes in product quantities, and changes in product prices-

25 6. Cisco's cancellation- of any orders for JDS products during the Relevant Time .

26 Period.

27 _

28CISC,O SYSTEMS SCHEDULE A 2

9

1 7. The quantity and value of any J)S products held by Cisco in Cisco's inventory

2 during the Relevant Time Period

3 8. The quantity and value of any JDS products held byCisco during the levant Time

4 Period on a consignment basis; -

5 9. The recopition of revenue by JDS based on transactions between Cisco and JDS

6 during the Relevant Time Puiod , inchidiug, but not limited "to, tin application of SEC Staff

7 Accounting Bulletin ("SAB' ) -101 and any requests by MS to Cisco to modify any agreements

8 between them in viewof SAB 101.

9 10. Communications during the Relevant Time Period between Cisco and IDS

10 concerning the topics describedin paragraphs 2 through 9 ,above, including, in particular,lhose that

11 occanred in the June 1, 2000 through July 31 , 2001 time frame.

12 .

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28CISCO SYSTEMS SCHEDULE A 3

10

EXHIBIT 211

AO 881 Saboorna in a Civil ('au

• issued by the

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNI A

SUBPOENA IN A CIVIL CASE

No. C-02-1486 CW

In re JDS Uniphase Corporation Securities Litigation

To. Cisco Systems, Inc.225 West Tasman DriveSan Jose, CA 95134-1706

YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the

D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the abovecase.

l j YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date,,lJ and time specified below ( list documents or objects):

SEEANNEXED SCHEDULE A

RACE DAIMAMTSM

"Berman DbValerio Pease Tabacco Burt & Pucillo UP, 425 California Street, San Francisco, CA 94104 Febiuary 17, 200610.00 am.

u YOU ARE COMMANDED topermit inspection of the following premises at the date and time specified Wow.DATEAMwm W

Any organization not a party to this suit that is subpoenaed for the taking of a deposition sha ll dcsignatc one or more officers, di actors, or.anaging agents„ or other persons Who conscnt to testify on its bchal€ and may set forth, for each person designated, the mattes on which the person willsti '. .Federal Rules of Civil Psocedum, 30(b)(6).WURWOm AMruava£ummrt cAiemAMMErroarraao1WoRDEMOMn DATE

Counsel for Lead Plaintifrs January 18, 2006

on Adams, Esq. (7A -.9693), Labaton Sucharow & Rudoff LLP.00 Park Avenue, 12th Fluor, New York, NY 10017 (212) 907-0700

C~eame~s. FinadxakserdiwPem~w,e me&oW& 4

12

PROOF OF SERVICEDAIS CRAB

SERVED

5savEDOUtrxmrNAM4 weaMoesfxvK E

spm®BY(PR* rrru1 ME

DECLARATION OF SERVER

i declare under penalty ofperjwy under the laws of the United States of America that the foregoing information contained in th ePioof of Service is true and correct

Executed on -

Rule 45, Federal Rules ofCivfi P1occdur e„ Parts C& D.

(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(1) A party or an attorney responsib le for die issuance and service of a-subpoena" maso=blostepstoavoidimposiugtmdnebwdenorexpcnacoaa odsul ecttotbatsubpocna. Theca ttonbehatfofwikhthcsubpocnawas issued t hall enforce this duty and Impose upon the party or attorney inbreachofth sdutyanappropriate saaaionwhich mayInclude, butisnotlimitedto, lost earnings and reasonable atto rneys fee .

(2) (A) A person commanded to produce and permit inspection andcopyiiugofdesigm edbooks,papers,douunansortangiblethings,oriosp"onofpiemises need not appear in person at the place of production or inspectionunless commended to appear for deposition, hearing or trial.

(B) Subjecttoparagtaph(d)(2)offtvAe apcinmcaomandedtoptoducoaddpetmgiaspearoasndeopyingmay.within t4dapeftersetvieeofsabpocnaorbefoiethctime dficdforcompliaaaifsuchtimclslcssthan14days after service, serve upon the pally or attorney designated in the subpoenawritten objection to inspection or copying of any or all of the designatedmaterials or of the preadses. If objection is made, the patty serving thesubpoena shall not be entitled to inspect and copy materials or inspect thepremises enoept pursuant to an order of the court by which the subpoena wasis ed. Ifobjec ion has been made, the ply screing the subpoena may, uponnotice to the person commanded to produce, move at any time for an order tocompel the p6diudion. Such an order to compel production shalt protect anyperson who Is not a party or an officer of a party from signifcant expenseresulting horn the Inspection and copying conwmndcd.

(3) (A) On timely motion. the court by which a subpoena was issuedshall quash ormodify the subpoena if it

(I) fa7s to allow reasonable time farcompliance ;QQrequucsapcrsoawho isnotapartyoranofiicerofapatyt o

travel to aplace mare than 100 miles from the place where that

SIGN OFSERM

ADDRESS OSSERVFR

petsoa>osidcs, isemp1oyedortegnladytransactsbusiaessinpe son cxaptthaesu*dtot cprovWonsofdanse(e)(3)(B)(hh)ofthlsrulo.suchapetsonmayinorder to attend trial be commanded to travel from any such place wi thin the statein which the trial is , or

(ii) requires disclosure of privileged or other protected matterand no exception or waiver applies, or

(lv) subjects aperson to undue burden .

(B) If a stbpoc n<

(i) requires disclosure of a trade secret or other confidentialresearch, development "commercial infiftrastion. or

(ii) requires disclostue of an umetained expafs opinion orinformation not describing specific events or occurrences in dispute andresulting fiwn rho expert's studymade natal the request ofanyparty, or .

(a'i)tcquhesapc nw1wisnotapallyOranofoerofapartytoincursubstantiai expense to have mote than 100 miles to attend trial, the courtmay. to protxtapersoasubjuxtoor affected by thesubpoena, quasbormodifythe subpoena, or. If tier party in whose behalf the subpoena is Issued shows asubstantial need for the testimony or material that cannot be otherwise metwithout undue hardship and swam that the person to whom the subpoena isaddressed will be reasonably compun red, the court may order appearance orproduction only upon specified conditions .

(d) DUTIES IN RESPONDING TO SUBPOENA .

(1) A person responding to a subpoena to produce documents shallproduce them as t cyare kept in the usual course of business or shalt organizeand label them, to cdvm cad with the categories in the demand .

(2) When informationsubjecttoasnbpoeaaiswithheldonadainithatitis privilege! or subjcetto protection as trial pmpaiation mataiatsy the claim sfieltbe made e y and draltbe supported by a description oftheaainee of thedoaaocats,communication,orifiingsnotpniducedduitIssufficiecttoenablethe demanding party to contest the claim.

13

1 SCHEDULE A

2DEFINITIONS

3

4 1. "JDS" means Defendant JDS Uniphase Corporation, its Board of Directors, each

5 committee of its Board of Directors, each of its subsidiaries, divisions, subdivisions, joint

6 ventures, parents, affiliated persons, and predecessors (including but not limited to Uniphase

7 Corporationand JDS FITEL, Inc.), and its present and former directors, officers, employees,

8 representatives, agents, and other persons acting on behalf of any of them.

9 2. "Communication" or "communications" means the transmittal of information, in

10 the form of facts, ideas, inquiries or otherwise .

11 3. "Concerning" means relating to, referring to, describing, evidencing or

12 constituting.

13 4. "Document" or "documents" islare synonymous in meaning and equal in scope to

14 the usage of the term in Rule 34(a) ofthe Federal Rules of Civil Procedure, including but no t

15 limited to any written, printed or electronic materials, including email, writings, drawings ,

16 graphs, charts, photographs, recordings or other data compilations from which information can

17 be obtained, whether retained on paper or electronically . A draft or non identical copy is a

18 separate document within the meaning of this term .

19 5. "E & Y" means Ernst & Young LLP, each of its subsidiaries, divisions,

'20 subdivisions, offices, joint ventures, parents, affiliated persons, and predecessors, and all present

21 and former partners, directors, officers, employees, representatives, agents, intermediaries, and

22 other persons acting on behalf of any of the foregoing .

23 6. "Person" or "persons" means any natural person or any business, legal or

24 governmental entity or association.

25 7. The terms "all" and "each" shall be construed as all and each.

26 8. Reference to "any" means "any and all" ; the word "including" means "including,

27 but not limited to"; the connectives "and" and "or" shall be construed either disjunctively o r

28 conjunctively as necessary to bring within the scope of this request all responses that might

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otherwise be construed to be outside its scope; and the use of the singular form of any word

includes the plural and vice versa .

9. The terms "you" and "your" mean or refer to Cisco Systems, Inc., each of its

subsidiaries, divisions, subdivisions, joint ventures, parents, affiliated persons, and predecessors,

its employees and agents, including without limitation Laura Bonicalza, Michael Canmpi, Marco

Crochi, Steven Fondario, Jeff-Hamilton Gayhart, Tony Jeffs, Moises Mares, Grant Moulton,

Samantha Radrezza, Carl Redfield, Steve Siebold, Dyke Shaffer, Casimir S . Skrzypczak, Dan

Tyman, and Sandra Wheatley.

RELEVANT PERIO D

Unless otherwise indicated in a specific Request for Production, the Relevant

Period herein is January-1, 1999 through December 31, 2001, and shall include all documents

which relate to such period even though prepared, published, sent or received, in whole or in

part, prior or subsequent to this period.

INSTRUCTIONS

1. In producing documents and other materials in response to this Request for

Production, you are requested to furnish all documents in your possession, custody, or control,

regardless of whether such documents are possessed directly by you or your agents, employees,

partners, representatives, subsidiaries, affiliates or investigators, or by your attorneys or their

agents, employees, or investigators.

2. All documents you produce in response to this request shall either : (a) be

organized and labeled to correspond with the number of the request to which the documents are

responsive, or (b) be produced in the order and in the manner in which you keep the documents

in the usual course of business with a designation of the file or files from which the documents 1

have been produced .

3 . Produce each document in response to this Request for Production in its entirety,

without deletion or excision, regardless of whether you consider the entire document to be

relevant or responsive. If any requested document cannot be produced in full, produce it to the

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extent possible, indicating which portion of that document is being withheld and the reason that

portion of the document is being withheld . Do not produce "redacted" documents unless you ai

asserting a privilege or immunity with respect to the redacted portion .

4. If you object to any request in this Request for Production on the ground that it is

overly broad, produce documents in response to the request as narrowed to conform to your

objection and state in your response (a) how you narrowed the request, and (b) the reason why

you claim the request is overly broad.

5. If you withhold any responsive document from production pursuant to a claim of

attorney-client privilege, attorney work product doctrine, or any other privilege or immunity,

provide the following information with respect to each such document :

(a) The type of document, e.g., letter or memorandum;

(b) The actual or approximate date of the document ;

(c) The author(s) of the document and any other person(s) who prepared orparticipated in the preparation of the document;

(d) A description of the subject matter and physical size (e .g., the number ofpages)ofthe document;

(e) All addressees and recipient(s) of the original or a copy thereof ; togetherwith thin date or approximate date on which said-recipient(s) received thedocument or a copy thereof;

(t) All other persons to whom the contents of the document have beendisclosed, the date such disclosure took place, and the means of suchdisclosure; and

(g) The name and title of each author and/or sender of the document ;

(h) The nature of the privilege or other rule of law relied upon and the factssupporting your position that it is privileged .

6. If a document responsive to the following requests has been destroyed or

discarded, identify the document as per the instructions in paragraph 5 above.

7 . If no documents responsive to a particular document request exist or are within

your possession, custody or control, so state in your response to the request.

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TffiS BEQUEST IS CONTINUOUS

1. Pursuant to Rule 26(e), this Request for Production requires further and

supplemental production if, between the date of the initial production and the time of trial, any

additional documents responsive to this request come into your possession, custody or control

The definitions and instructions set forth above shall apply to any such supplemental production.

REQUESTS FOR PRODUCTION

1. All documents concerning communications between you and any employee of

JDS, including without limitation Kevin Kalkhoven ("Kalkhoven'), Jozef Straus ("Straus"),

Anthony (Tony) Muller ("Mullet"), Charles Abbe ("Abbe"), Philip Benguhe, Keith Bisbee,

Robert Bradley, Zita Cobb, Nyuen Chong, John Costelloe, Rick Crook, Harry Deffebach, Allen

Frederick, Torben Friis, Gerry Geraghty, Chris Gladding, Volker Graf, Joseph Ip, Russ Johnson,

Gegs Jones, Marty Kaplan, Doug Kedrosky, Jonathan King, Mario Leduc, Leo Lefebvre, David

Lightfoot, Rick MacMillan, Peter Moore, Joe Noonan, Felicia Patton, Michael Phillips, Thomas

Pike, Dale Reid, Bruce Reinhardt, David Renner, Tina Ricci, Nisan Rowhani, Fred Schaefer,

Alan Shayanpour, Roy Sunstrum, Mark Tarpinian, Maurice Tavares, Robert Theriault, Meredith

Thomas, Yves Tremblay, Rick Trifunov, and Kumar Visvantha related to the following topics:

(a) Cisco's projected demand for JDS products;

(b) Cisco's orders for products of JDS;

(c) Cisco's cancellation of any orders for products of JDS ;

(d) Cisco's return of any products ordered from JDS ;

(e) Cisco's modification of any orders from JDS ;

(fl Cisco's purchase of any products from JDS on consignment ;

(g) any shipment of products that JDS made prior to or subsequent to theagreed delivery date.

2 . All documents concerning the following orders from JDS:

(a) Lightsource;

(b) Legacy amplifier,

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(c) Lightwave ;

(d) Waveguide;

(e) Wavelength Division Multiplexing parts and components;

(1) Long-haul;

(g) CW lasers;

(h) 1 o0GHZ;(1) 200GHZ;

980nm pump lasers;

(k) 980nm laser chips;

(1) 1480nm pump lasers;

(m) MISC.

3. All documents concerning any orders from JDS that are not referenced i n

No. 2.

4. All documents concerning any weekly, quarterly, or other meetings or telephone

calls with JDS , including without limitation meetings or calls with Kalkhoven, Straus , Abbe, or

Mu ller, including all calendars, and memos.

5. A ll documents concerning communications relating to invento ry, demand, or

revenue recognition at JDS .

6. All documents concerning written or oral agreements related to the purchase of

products from JDS, including side letters.

7 . All documents concerning any instance in which Cisco refused to take delivery of

any JDS products, refused to pay for any IDS products , or returned any products to JDS .

8. All documents concerning any instance in which Cisco received products from

JDS that Cisco did not order or where the purchase order or terms of purchase had not yet been

confirmed or finalized.

9. All documents concerning JDS's accounting of its sales of p roducts to Cisco or

other customers.

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10. All documents concerning OEM agreements or understandings between Cisco

and 3DS .

11. All documents concerning any modification, reduction or cancellation by Cisco o :

its orders for products from JDS.

12. All documents concerning Cisco's projected requirements for JDS products .

13. A ll documents concerning any JDS inventory stored at Cisco, including without

limitation inventory received from JDS on consignment or with any right of return .

14. All communications with E & Y concerning JDS.

15. All documents concerning Cisco's policy for the retention or destruction of

documents .

6L1Doc c,tsandSctuugtmmucal2%S~6poaudSubpoeaaSdrodak ACisoaDOC(1t I2006O4 36 Mdj

19

EXHIBIT 320

Morgan, Lewis & 8odcius uvone Market Spear Street TowerSan Francisco, CA 94105Tet 415.442 .1000Fax: 415 .442 .1001www.matganiews.co m

Courtney CruzAssociate415.442.1346ccruz@marganlewis .com

VIA FACSIMILE (415) 433-6382 AND U.S. MAIL

Daniel. Harris, Esq.Berman DeValerio Pease Tabacco Bu rt & Pucillo425 California StreetSan Francisco , CA 94104

Morgan LewisC O U N S E L O R S A T LA W

Re: In re JDS Uniphase Corporation Securities LitigationUnited States District Court . Northern Dist rict of California, Case No.: C-02-1486 C W

Dear Mr. Harris:

The following is a list of employees of Cisco Systems, Inc . {"Cisco") who were contacted andwho searched their files for documents responsive to the subpoena served on Cisco in the above-referenced matter.

David BourqueGrant MoultonMoises MaresSamantha RedrezzaSteve SieboldTony JeffsSteve FondarioSandra WheatleyJohn OberstarKaren AshleyJames Wholley

Thank you for the courtesies extended to Cisco. tfyou have further questions , please contact meat the numbers above .

Sincerely,

Courtney Cruzt j

21

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22

EXHIBIT 423

KREINDLER & KREINDLER cr. P

707 Wilshire Boulevard

New York Office Suite 5070

100 Paris Avenue Los Angeles, CA 90017-361 3New Yodc NY 10017-5590 (213) 622-6469(212) 687-8181Far- (212) 972-9432 Fag (213) 622-6019

www.laetndier.com

December 4, 200 6

William W. Friedman, Esq.Courtney D . Cruz, Esq.MORGAN LEWIS & BOCKIUS LLPOne Market, Spear Street TowerSan Francisco, California 94105

Re: JDS Uniphase Corporation Securities LitigationCase No. C-02-1486(C W)(EDL)

Dear Ms . Cruz and Mr . Friedman :

New jersey Office

Continental Plaza

401 HackensadcAvenne

Hadcensad4 NJ 07601

(201) 343-7771Faac (212) 972-943 2

This constitutes a request to conduct a further Meet and Confer regarding Cisco's failureto provide a witness or witnesses with knowledge of many of the topics set forth in thedeposition notice.

Pursuant to Fed.R.Civ.P. 30(b)(6), an entity is required to designate directors, officers,managing agents, or other persons with knowledge on the subject areas specified in thedeposition notice. If the entity, intentionally or otherwise, designates a witness who lacksknowledge of the matters specified in the notice, the deposing party may move to compel furthertestimony and seek reimbursement of expenses incurred in taking the deposition (includingreasonable attorney fees) .

Cisco's sole corporate designee, Moises Marls, Jr ., testified during his 30(b)(6)deposition (and it was evident from his testimony) that he had limited or no knowledge in topicareas 1, 4, 5, 7, 8, and 9 of the deposition notice . See Marls Deposition, pp. 47-49. If Cisco doesnot agree to reconvene its deposition and produce individuals with adequate knowledge in thesesubject areas, our clients will move to compel further testimony .

We are available the following times and dates to discuss these matters in more detail :

1 . December 6, 2006, between 11 :30 a.m. and 1 :00 p.m (EST)2. December 7, 2006, anytime after 11 :30 a.m. (EST)3 . December 8, 2006, between .11:30 a.m. and 12:00. p.m. (EST)

24

December 4, 2006Page Two

Please let me know as soon as possible whether any of these dates and tithes will work foryou-

Sincerely yours,

KREINDLER & KREINDLER LLP

Mark I. Labaton, Esq.

GB:MIL:wk

cc: Barbara Hart, Esq.Anthony Harwood, Esq.Christopher Patz, Esq.Michael Sachdev, Esq.David M. Chaiken, Esq.

195278.1

25

EXHIBIT 526

KREINDLER $t KREINDLER LL P

707 Wilshire Boulevard

New Yoik Office Suite 5070

100 Park Avenue Los Angeles, CA 90017-361 3New York, NY 10017-5590 (213) 622-6469(212) 687-8181Fax: (212) 972-9432 Fax (213) 622-601 9

www.kreindleccom

December .5,2006

New Jersey Office

Continental Plaza401 Hackensack Avenue

Hackensack NJ 07601(201) 343-7771

Fax: (212) 972-943 2

William W. Friedman, Esq.Courtney D . Cruz, Esq.MORGAN LEWIS & BOCKIUS LLPOne Market, Spear Street Towe rSan Francisco, California 9410 5

Re: JDS Uniphase Corporation Securities LitigationCase No. C-02-1486(CW)(EDL)

Dear Ms . Cruz and Mr. Friedman :

In addition to the issues addressed in our letter of December 4, 2006, we would also liketo discuss Cisco's document production during our Meet and Confer .

Sincerely yours,

KREINDLER & KREINDLER LLP

Mark I. Labaton, Esq.

GB:MIL:wk

cc: Barbara Hart, Esq ..Anthony Harwood, Esq.

Christopher Patz, Esq .

Michael Sachdev, Esq.David M. Chaiken, Esq.

195363.1

27

EXHIBIT 628

Morgan, Lewis & Bod;ius tipOne Market, Spear Street TowerSan Frandsco, CA 94105Tel: 415.442.1000Fax: 415 .442.1001www.morganiewis .com

Courtney CruzAssodate415.442 .1346ocruz@morgargavAs .com

December 6, 2006

VIA FACSIMILE (213) 622-6019 AND U.S. MAIL

Mark I . Labaton, Esq.Kreindler & Kreindter LLP707 Wilshire Blvd., Suite 5070Los Angeles, CA 90017

Mori m LewisC O U N S E L O R S A i L A W

Re : In re JDS Uniphase Corporation Securities LitigationUnited States District Court, Northern District of California, Case No . : C-02-1486 CW

Dear Mr. Labaton:

This letter is Cisco Systems, Inc.'s ("Cisco") response to your "meet and confer" letter datedDecember 4, 2006. Cisco believes that Mr. Mares is the Cisco representative with the mostknowledge on the subject areas specified in the deposition notice . Your letter indicates that Mr.Mares testified that he had limited knowledge of topic areas I, 4, 5, 7, 8, and 9 ; I will addresseach one of these topic areas .

Pursuant to Cisco's objections served on November 22, 2006, topics I and 9 are outside ofanyone at Cisco's knowledge. At the deposition, I indicated that I would provide a list ofcustodians whose documents were searched. I provided this list on November 28, 2006 . As totopic area 9, there is no person at Cisco with any knowledge of how or when JDS Uniphase("JDSU") recognizes its revenue. See Deposition Transcript, page 84. Because topic area 9seeks information that is not in Cisco's possession, custody or control, it is not the proper subjectof a 30(b)(6) deposition .

In your letter you state that Mr. Mares testified that he had limited knowledge of topic areas 4, 5,7, and 8 . Although Mr. Mares initially testified in response to your general questions that he hadlittle knowledge as to some of the topics, he actually answered many of your questions aboutthese topics when asked during the deposition .

For example, with respect to topic area 4, Mr . Mares answered many of your questions regardingreturns and even gave an example of a product that was returned for technical reasons, with thecaveat that he was not familiar with the specific technical issues involved . See DepositionTranscript, pages 68-69 .

a -SM442247.1 29

Morgan LewisCOUNSILOIS AT LA W

December 6, 2006Page 2

Additionally, while Mr. Mares initially indicated that he did not have detailed knowledge oftopic area 5, Mr. Mares spent a significant amount of time answering your questions as to topicarea 5 . See Deposition Transcript, pages 70-74.

Furthermore, as to topic areas 7 and 8, besides showing Mr . Marc the subpoena and the generaldeposition topics, Mr. Mares was not even asked questions regarding these topic areas, SeeDeposition Transcript, page 83 . Moreover, as to topic area 8, earlier in the deposition Mr. Maresdiscussed consignment and indicated that he was not aware of Cisco purchasing any products ona consignment basis. See Deposition Transcript, pages 60-61 .

Despite the contentions in your December 4, 2006 letter, Mr . Mares testified at length on thetopics designated by Plaintiff, as evidenced by the fact that he provided over eight hours oftestimony. Further, as the events that are the subject of this matter occurred seven years ago,there are no individuals at Cisco who can testify fur her as to these topics.

Cisco, as a third party, has produced over 300 pages of documents in response to plaintiffs'January 18, 2006 subpoena for production of documents and has provided the person mostknowledgeable at Cisco for an eight hour deposition . noticed just two weeks before thedeposition. Cisco, as a third party, has complied in full with the Rule 30(bX6) deposition .

Based on the above, Cisco will not produce Mr. Mares or an additional Cisco 30(b)(6) witnessfor another deposition . I have also received your subsequent letter regarding Cisco's documentproduction. I am surprised at this request, as these documents were produced almost one yearago. Please specifically indicate what you would like to discuss in this regard so that we mayhave a productive meet and confer session .

I am available Friday afternoon to discuss these matters in more detail .

Sincerely,

C C""~--Courtney Cruz

cc: Christopher Patz, Esq . -David M. Chaiken, Esq.

i-SF/7442247.1 30

Exhibit 7

31

REDACTED

Exhibit 7

Deposition of Moises Mares, Jr .(November 27, 2006)

Bates No. 32 - 78