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19CV349042
Santa Clara — Civil
STATE BAR NO.
172168
NAME, ADDRESS, AND TELEPHONE NUMBER OF PARTY WITHOUT ATTORNEY
Stephen H. Sutro
Suzanne R. Fogarty (SBN 154319)
Duane Morris LLP
One Market Plaza, Spear Tower, #2200, San Francisco, CA 94105
ATTORNEY FOR: (Nano): Plaintiff, SUNPOWER CORPORATION
sTReeT ADDRESS 191 North First Street
MAILING ADDRESS: 191 North First Street
CITY AND ZIP CODE: San José, California 95113
BRANCH NAM Downtown Courthouse
PLAINTIFF: SunPower Corporation
DEFENDANT: Martin DeBono, Standard Industries, Inc., GAF
Energy, and Does 1 - 100
] Et FOR ricatty- Fit v
—by-Superior Court-of CA,
—€ounty-ef Santa-Glara,—
—orr-t2/+512626-9:67 PM—
Reviewed By: R. Aragon
Case #19CV349042
Envelope: 5480005
CASE NUMBER:
REQUEST FOR APPOINTMENT OF OFFICIAL 19CV349042
REPORTER PRO TEMPORE
Hearing/Trial Date: 12-17-20 Department (if known): 21.
1. Reporter Information
Name: Joan Columbini
License No.: _5435
(PRINT)
Business Address: Behmke Reporting, 455 Market St., #970, San Francisco, CA_94105
STREET city
Email Address: Depos@Behmke.com
2. Court Reporter Agreement
1, Joan Columbini , accept this appointment as
matter and confirm and agree that:
ZIP CODE
Telephone No.: 415-597-5600
an official reporter pro tempore in this
(1) | have a valid and current California Certified Shorthand Reporter License and | am in good standing
with the Court Reporters Board of California;
(2) lam nota current full-time employee of the court and appointment as an official reporter pro tempore
will not interfere with my obligation as a court employee;
(3) | will provide current contact information with the court as direct
(4) All fees for reporting services, including appearance, tra’
‘ted by the Director of Court Services.
nscript and real-time fees, are the
responsibility of the party or parties who arrange for the reporter services and may not be charged to
the court;
(5) | will comply with statues and rules applicable to official reporter pro tempore, including the duty to
timely prepare transcripts, including those for appeals, in the proper form;
(6) | will demonstrate the highest standards of ethics and impartial
(7) | will comply with the court's requirements regarding uploading
hours of the date of the proceedings except in extenuating circu
ity in the performance of my duties;
electronic archiving of notes within 48
mstances and as approved in advance
by the Director of Court Services, or making other arrangements if the only notes are in paper form;
CV-5100 REV 01/0719 REQUEST FOR APPOINTMENT OF OFFICIAL ooo coun wee
Code §G68088 & 70044
For Mandatory Use
REPORTER PRO TEMPORE
R. AragonCASE NAME: CASE NUMBER:
SunPower Corporation v. Martin DeBono, et al. 19CV349042
(8) | will follow directions from the court and will be subject to the jurisdiction of the court to the same
extent as an official reporter.
(9) | will be available for read-back of notes taken during a jury trial within 30 minutes of the court's request;
(10) If providing real-time reporting or other litigation support services (e.g. LiveNote), | am responsible for
providing and connecting the necessary equipment. Instructions will be provided by the Director of
Court Services.
, /
Lag f )
Date: Decenberts. 2000 signaute-“/ ZI Ohler Ca Sn
7
ORDER APPOINTING OFFICIAL REPORTER PRO TEMPORE
Pursuant to Government Code Sections 68086 and 70044 and rule 2.956 the California Rules of Court and the
signature of at least one of the appearing parties set forth on the pages following this order, the above identified
Certified Shorthand Reporter is appointed as an official reporter pro tempore for these proceedings to be
transcribed by the official reporter pro tempore and may be ordered to lodge a copy of the transcript with the
Court.
IT IS ORDERED. AWW
Date:
Judicial Officer
cv RE’ : SPOINTME
oo REQUEST FOR APPOINTMENT OF OFFICIAL os. an afte
470044‘CASE NAME: ‘CASE NUMBER:
SunPower Corporation v. Martin DeBono, et al. 19CV349042
Request for Appointment
The parties or their counsel listed below request that the Court appoint an official reporter pro tempore as set
forth in the Court Reporter Agreement and Order Appointing Official Reporter Pro Tempore herein.
Plaintiff, SunPower
Date: 12.15.20 Name: Suzanne R. Fogarty Attorney for: Corporation
INT)
Signature 3 R F 6 Y
Date: 12.15.20 Name: Jonathan A. Patchen Attorney for: Defendant, Martin DeBono
PRI
Signature ee
Defendants,
Date: 12.15.20 Name: John (Jay) Neukom Attorney for; Standard/GAF Energy
(PRINT)
/ ae
Signature
Date: Name: Attorney for:
(PRINT)
Signature
Date: Name: Attorney for:
(PRINT)
Signature
Date: Name: Attorney for:
PRINT)
Signature
Date: Name: Attorney for:
(PRINT)
Signature
Date: Name: Attorney for:
(PRINT)
Signature
CO Additional Stipulations are attached to this document.
GV-5100 REV 07701778 REQUEST FOR APPOINTMENT OF OFFICIAL Page 3 of3
a REPORTER PRO TEMPORE eres ae CH00E 8 ObesPROOF OF SERVICE
SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy;
and DOES 1 - 100
Santa Clara County Superior Court, Action No. 19CV349042
I am a citizen of the United States, over the age of 18 years, and not a party to interested in
the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza,
Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s
practices for collecting and processing correspondence for mailing with the United States Postal
Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the
date stated below, I served the following documents:
REQUEST FOR APPOINTMENT OF OFFICIAL REPORTER PRO TEMPORE
BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed
to the person(s) set forth below, and placed the envelope for collection and mailing
following our ordinary business practices, which are that on the same day
correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service in San Francisco, California,
in_a sealed envelope with postage fully prepaid. OR
I enclosed the documents in a sealed envelope or package addressed to the
person(s) set forth below, and deposited the sealed envelope with the United States
Postal Service, with the postage fully prepaid.
BY MESSENGER SERVICE: I enclosed the documents in an envelope or package
addressed to the person(s) set forth below and providing the package(s) to a
professional messenger service for same day delivery service.
BY PERSONAL SERVICE: I personally delivered the documents to the persons at
the addresses listed below. (1) For a party represented by an attorney, delivery was
made to the attorney or the attorney’s office by leaving the documents in an envelope
or package clearly labeled to identify the attorney being served with a receptionist or
an individual in charge of the office. (2) For a party, delivery was made to the party
or by leaving the documents at the party’s residence with some person not less than 18
years of age between the hours of eight in the morning and six in the evening.
BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or
package provided by FedEx and addressed to the person(s) listed below by placing the
envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s
ordinary business practices, which are that on the same day a FedEx envelope or
package is placed for collection, it is deposited in the ordinary course of business with
FedEx for overnight delivery, with all charges fully prepaid.
BY FACSIMILE: Based on a court order or an agreement of the parties to accept
service by fax transmission, I faxed the documents to the person(s) at the fax
number(s) listed below. No error was reported by the fax machine that I used. A copy
of the record of the fax transmission(s), which I printed out, is attached.
x BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC
on all counsel on December 15, 2020.
2
PROOF OF SERVICE
DM1\10284992.1Jonathan A. Patchen, Esq.
Daniel P. Martin, Esq.
Baker Botts L.L.P.
101 California Street, Suite 3600
San Francisco, CA 94111
Telephone: 415.291.6209
Counsel for Defendant, Martin DeBono
Via Electronic Service
E-mail: jonathan.patchen@bakerbotts.com
daniel.martin@bakerbotts.com
Cheryl A. Cauley, Esq.
Baker Botts L.L.P.
1001 Page Mill Road
Building One, Suite 200
Palo Alto, CA 94304
Telephone: 650-739-7500
E-mail: cheryl.cauley@bakerbotts.com
John (Jay) Neukom, Esq.
Caroline Van Ness, Esq.
Michelle Kao, Esq.
Skadden, Arps, Slate, Meagher & Flom
LLP
525 University Avenue, Suite 1400
Palo Alto, CA 94301-1908
Telephone: 650.470.4560
E-mail: john.neukom@skadden.com
Counsel for Defendant, Martin DeBono
Via Electronic Service
Counsel for Defendants, Standard/GAF
Energy
Via Electronic Service
Caroline. VanNess@skadden.com
Michelle.Kao@skadden.com
Abraham A. Tabaie, Esq.
Raza Rasheed, Esq.
Counsel for Defendants, Standard/GAF
Energy
Skadden, Arps, Slate, Meagher & Flom LLP
300 S. Grand Avenue, Suite 3400
Los Angeles, CA 90071
E-mail: atabaie@skadden.com
raza.tasheed@skadden.com
Via Electronic Service
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: December 15, 2020
3
/s/_Jean Marie Reed
Jean Marie Reed
PROOF OF SERVICE
DM1\10284992.1
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19CV349042 Santa Clara — Civil STATE BAR NO. 172168 NAME, ADDRESS, AND TELEPHONE NUMBER OF PARTY WITHOUT ATTORNEY Stephen H. Sutro Suzanne R. Fogarty (SBN 154319) Duane Morris LLP One Market Plaza, Spear Tower, #2200, San Francisco, CA 94105 ATTORNEY FOR: (Nano): Plaintiff, SUNPOWER CORPORATION sTReeT ADDRESS 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California 95113 BRANCH NAM Downtown Courthouse PLAINTIFF: SunPower Corporation DEFENDANT: Martin DeBono, Standard Industries, Inc., GAF Energy, and Does 1 - 100 ] Et FOR ricatty- Fit v —by-Superior Court-of CA, —€ounty-ef Santa-Glara,— —orr-t2/+512626-9:67 PM— Reviewed By: R. Aragon Case #19CV349042 Envelope: 5480005 CASE NUMBER: REQUEST FOR APPOINTMENT OF OFFICIAL 19CV349042 REPORTER PRO TEMPORE Hearing/Trial Date: 12-17-20 Department (if known): 21. 1. Reporter Information Name: Joan Columbini License No.: _5435 (PRINT) Business Address: Behmke Reporting, 455 Market St., #970, San Francisco, CA_94105 STREET city Email Address: Depos@Behmke.com 2. Court Reporter Agreement 1, Joan Columbini , accept this appointment as matter and confirm and agree that: ZIP CODE Telephone No.: 415-597-5600 an official reporter pro tempore in this (1) | have a valid and current California Certified Shorthand Reporter License and | am in good standing with the Court Reporters Board of California; (2) lam nota current full-time employee of the court and appointment as an official reporter pro tempore will not interfere with my obligation as a court employee; (3) | will provide current contact information with the court as direct (4) All fees for reporting services, including appearance, tra’ ‘ted by the Director of Court Services. nscript and real-time fees, are the responsibility of the party or parties who arrange for the reporter services and may not be charged to the court; (5) | will comply with statues and rules applicable to official reporter pro tempore, including the duty to timely prepare transcripts, including those for appeals, in the proper form; (6) | will demonstrate the highest standards of ethics and impartial (7) | will comply with the court's requirements regarding uploading hours of the date of the proceedings except in extenuating circu ity in the performance of my duties; electronic archiving of notes within 48 mstances and as approved in advance by the Director of Court Services, or making other arrangements if the only notes are in paper form; CV-5100 REV 01/0719 REQUEST FOR APPOINTMENT OF OFFICIAL ooo coun wee Code §G68088 & 70044 For Mandatory Use REPORTER PRO TEMPORE R. AragonCASE NAME: CASE NUMBER: SunPower Corporation v. Martin DeBono, et al. 19CV349042 (8) | will follow directions from the court and will be subject to the jurisdiction of the court to the same extent as an official reporter. (9) | will be available for read-back of notes taken during a jury trial within 30 minutes of the court's request; (10) If providing real-time reporting or other litigation support services (e.g. LiveNote), | am responsible for providing and connecting the necessary equipment. Instructions will be provided by the Director of Court Services. , / Lag f ) Date: Decenberts. 2000 signaute-“/ ZI Ohler Ca Sn 7 ORDER APPOINTING OFFICIAL REPORTER PRO TEMPORE Pursuant to Government Code Sections 68086 and 70044 and rule 2.956 the California Rules of Court and the signature of at least one of the appearing parties set forth on the pages following this order, the above identified Certified Shorthand Reporter is appointed as an official reporter pro tempore for these proceedings to be transcribed by the official reporter pro tempore and may be ordered to lodge a copy of the transcript with the Court. IT IS ORDERED. AWW Date: Judicial Officer cv RE’ : SPOINTME oo REQUEST FOR APPOINTMENT OF OFFICIAL os. an afte 470044‘CASE NAME: ‘CASE NUMBER: SunPower Corporation v. Martin DeBono, et al. 19CV349042 Request for Appointment The parties or their counsel listed below request that the Court appoint an official reporter pro tempore as set forth in the Court Reporter Agreement and Order Appointing Official Reporter Pro Tempore herein. Plaintiff, SunPower Date: 12.15.20 Name: Suzanne R. Fogarty Attorney for: Corporation INT) Signature 3 R F 6 Y Date: 12.15.20 Name: Jonathan A. Patchen Attorney for: Defendant, Martin DeBono PRI Signature ee Defendants, Date: 12.15.20 Name: John (Jay) Neukom Attorney for; Standard/GAF Energy (PRINT) / ae Signature Date: Name: Attorney for: (PRINT) Signature Date: Name: Attorney for: (PRINT) Signature Date: Name: Attorney for: PRINT) Signature Date: Name: Attorney for: (PRINT) Signature Date: Name: Attorney for: (PRINT) Signature CO Additional Stipulations are attached to this document. GV-5100 REV 07701778 REQUEST FOR APPOINTMENT OF OFFICIAL Page 3 of3 a REPORTER PRO TEMPORE eres ae CH00E 8 ObesPROOF OF SERVICE SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy; and DOES 1 - 100 Santa Clara County Superior Court, Action No. 19CV349042 I am a citizen of the United States, over the age of 18 years, and not a party to interested in the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza, Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s practices for collecting and processing correspondence for mailing with the United States Postal Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the date stated below, I served the following documents: REQUEST FOR APPOINTMENT OF OFFICIAL REPORTER PRO TEMPORE BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and placed the envelope for collection and mailing following our ordinary business practices, which are that on the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Francisco, California, in_a sealed envelope with postage fully prepaid. OR I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. BY MESSENGER SERVICE: I enclosed the documents in an envelope or package addressed to the person(s) set forth below and providing the package(s) to a professional messenger service for same day delivery service. BY PERSONAL SERVICE: I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attorney, delivery was made to the attorney or the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or package provided by FedEx and addressed to the person(s) listed below by placing the envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s ordinary business practices, which are that on the same day a FedEx envelope or package is placed for collection, it is deposited in the ordinary course of business with FedEx for overnight delivery, with all charges fully prepaid. BY FACSIMILE: Based on a court order or an agreement of the parties to accept service by fax transmission, I faxed the documents to the person(s) at the fax number(s) listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission(s), which I printed out, is attached. x BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC on all counsel on December 15, 2020. 2 PROOF OF SERVICE DM1\10284992.1Jonathan A. Patchen, Esq. Daniel P. Martin, Esq. Baker Botts L.L.P. 101 California Street, Suite 3600 San Francisco, CA 94111 Telephone: 415.291.6209 Counsel for Defendant, Martin DeBono Via Electronic Service E-mail: jonathan.patchen@bakerbotts.com daniel.martin@bakerbotts.com Cheryl A. Cauley, Esq. Baker Botts L.L.P. 1001 Page Mill Road Building One, Suite 200 Palo Alto, CA 94304 Telephone: 650-739-7500 E-mail: cheryl.cauley@bakerbotts.com John (Jay) Neukom, Esq. Caroline Van Ness, Esq. Michelle Kao, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 525 University Avenue, Suite 1400 Palo Alto, CA 94301-1908 Telephone: 650.470.4560 E-mail: john.neukom@skadden.com Counsel for Defendant, Martin DeBono Via Electronic Service Counsel for Defendants, Standard/GAF Energy Via Electronic Service Caroline. VanNess@skadden.com Michelle.Kao@skadden.com Abraham A. Tabaie, Esq. Raza Rasheed, Esq. Counsel for Defendants, Standard/GAF Energy Skadden, Arps, Slate, Meagher & Flom LLP 300 S. Grand Avenue, Suite 3400 Los Angeles, CA 90071 E-mail: atabaie@skadden.com raza.tasheed@skadden.com Via Electronic Service I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: December 15, 2020 3 /s/_Jean Marie Reed Jean Marie Reed PROOF OF SERVICE DM1\10284992.1