COURT OF CHANCERY
OF THE
SAM GLASSCOCK 111 STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE
VICE CHANCELLOR 34 THE CIRCLE
GEORGETOWN, DELAWARE 19947
Date Submitted: July 14, 2015
Date Decided: July 14, 2015
Peter B. Andrews, Esquire Joseph Christensen, Esquire
Craig J. Springer, Esquire Joseph Christensen PA.
3801 Kennett Pike 921 N. Orange Street
Building C, Suite 305 Wilmington, DE 19801
Wilmington, DE 19807
Seth D. Rigrodsky, Esquire Tamika Montgomery-Reeves, Esquire
Brian D. Long, Esquire Bradley D. Sorrels, Esquire
Gina M. Sera, Esquire Ian Liston, Esquire
Jeremy J. Riley, Esquire Wilson Sonsini Goodrich & Rosati, PC
Rigrodsky & Long, PA. 222 Delaware Avenue, Suite 800
2 Righter Parkway, Suite 120 Wilmington, DE 19801
Wilmington, DE 19803
William M. Lafferty, Esquire
Ryan D. Stottmann, Esquire
Morris Nichols Arsht & Tunnell LLP
1201 North Market Street
Wilmington, DE 19801
Re: In re Riverbed Technology, Inc. Stockholders Litigation,
Civil Action No. 10484-VCG
Dear Counsel:
I have reviewed the Motion to Compel the Deposition of Sean J. Griffith,
together with Mr. Griffith’s response to that Motion.
Mr. Griffith has filed an objection to a proposed settlement in this matter.
The Plaintiffs seek to depose him concerning his objections. They contend that
Mr. Griffith does not have standing and purport to seek a deposition on that
ground. However, Mr. Griffith’s standing is a purely legal issue based on the date
of acquisition of his stock; no further evidence—gathering on this issue is relevant to
Mr. Griffith’s objection.
Next, Plaintiffs seek to explore the bases for Mr. Griffith’s legal opinions
regarding the settlement. Mr. Griffith’s opinions, however, Speak for themselves;
again, there is no relevant discovery identified in the Motion to Compel.
Finally, I note that the objection is to be heard, together with the proposed
settlement, on July 27, 2015. Given this schedule, the inconvenience and expense
of further discovery regarding the objection cannot be justified.
For the foregoing reasons, the Motion to Compel the Deposition of Sean J.
Griffith is DENIED. To the extent the foregoing requires an Order to take effect,
IT IS SO ORDERED.
Sincerely,
/s/ Sam Glasscock 11]
Sam Glasscock III