<pagelD> FILED

U.S. DISTRICT COURT EASTERN DISTRICT OF TEXAS United States District Court
EASTERN DISTRICT OF TEXAS JUN 2 3 2006
SHERMAN DIVISION
DAVID J. wy Ne. CLERK STMICROELECTRONICS, INC. §
§ DEPUTY
V. § CASE NO. 4:05CV44
§ (Judge Schell/Judge Bush) SANDISK CORPORATION §
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report of the United States Magistrate Judge in this action, this matter having been heretofore referred to United States Magistrate Judge Don D. Bush pursuant to 28 U.S.C. § 636. On June 6, 2006, the Report of the Magistrate Judge was entered containing his proposed findings of fact and recommendations that Defendant’s Motion t
- o Exclude NEC Controllers from Plaintiff's Damage Base be granted.
Having received the report of the United States Magistrate Judge, and no objection
s thereto having been timely filed, this Court is of the opinion that the findings and conc
lusions of the Magistrate Judge are correct and adopts the same as the findings and co
nclusions of the Court. It is, therefore,
ORDERED, ADJUDGED and DECREED that Defendant’s Motion to
Exclude NEC Controllers from Plaintiff’s Damage Base is GRANTED.
SIGNED this 22° day of June, 2006.