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EXHIBIT 99.2
HOWARD J. PARKER
PAULINE T. WAN
JEANE HAMILTON
NIALL E. LYNCH
LISA V. TENORIO
United States Department of Justice
Antitrust Division
450 Golden Gate Avenue
Room 10-0101, Box 36046
San Francisco, CA 94102
Telephone (415) 436-6660
Attorneys for the United States
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
) Civil Action No. C 00-02227 TEH
v. )
) Filed: June 22, 2000
JDS UNIPHASE CORPORATION )
and E-TEK DYNAMICS, INC., )
)
Defendants. )
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STIPULATION AND ORDER
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It is hereby STIPULATED by and between the undersigned parties, by their
respective attorneys, as follows:
1. The Court has jurisdiction over the subject matter of this action and
over each of the parties hereto, and venue of this action is proper in the
United States District Court for the Northern District of California.
2. The parties stipulate that a Final Judgment in the form hereto
attached may be filed and entered by the Court, upon the motion of any party or
upon the Court's own motion, at any time after compliance with the requirements
of the Antitrust Procedures and Penalties Act (15 U.S.C. ss. 16), and without
further notice to any party or other proceedings, provided that the plaintiff
has not withdrawn its consent, which it may do at any time before the entry of
the proposed Final Judgment by serving notice thereof on defendants and by
filing that notice with the Court.
3. Defendants shall abide by and comply with the provisions of the
proposed Final Judgment pending entry of the Final Judgment by the Court, or
until expiration of the time for all appeals of any Court ruling declining entry
of the proposed Final Judgment, and shall, from the date of the entry of this
Stipulation and Order, comply with all the terms and provisions of the proposed
Final Judgment as though the same were in full force and effect as an order of
the Court.
4. This Stipulation shall apply with equal force and effect to any
amended proposed Final Judgment agreed upon in writing by the parties and
submitted to the Court.
5. In the event that the plaintiff withdraws its consent, as provided in
paragraph 2 above, or if the proposed Final Judgment is not entered pursuant to
this Stipulation, or the time has expired for all appeals of any Court ruling
declining entry of the proposed Final Judgment, and the Court has not otherwise
ordered continuing compliance with the terms and provisions of the proposed
Final Judgment, this Stipulation shall be of no effect whatsoever, and the
making of this Stipulation shall be without prejudice to any party in this or
any other proceeding.
6. Defendants agree not to consummate their transaction before the Court
has signed
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this Stipulation and Order.
Respectfully submitted,
/s/ Howard J. Parker
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Howard J. Parker, Esq.
U.S. Department of Justice
Antitrust Division
450 Golden Gate Avenue
Room 10-0101, Box 36046
San Francisco, CA 94102
Telephone (415) 436-6660
Facsimile (415) 436-6687
Attorney for United States of America
/s/ W. Stephen Smith
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W. Stephen Smith, Esq.
Morrison & Foerster LLP
2000 Pennsylvania Avenue, N.W.
Washington, D.C. 20006-1888
Telephone (202) 887-1514
Facsimile (202) 887-0763
Attorney for JDS Uniphase Corporation
/s/ Charles T. C. Compton
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Charles T. C. Compton, Esq.
Wilson Sonsini Goodrich & Rosati
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone (650) 493-9300
Facsimile (650) 565-5100
Attorney for E-TEK Dynamics, Inc.
Dated: June 22, 2000
SO ORDERED:
This 26th day of June, 2000.
/s/ Thelton E. Henderson
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United States District Judge
