UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

UNITED STATES SECURITIES AND )

EXCHANGE COMMISSION )

)

Plaintiff, )

) 

v. ) Civ. No. 01:07-00039-SM

)

JERRY A. SHANAHAN )

)

Defendant. )

JERRY SHANAHAN’S OBJECTIONS TO

SECURITY AMD EXCHANGE COMMISSION’S EXHIBIT LIST

Defendant Jerry Shanahan submits the following objections to the United States 

Securities and Exchange Commission’s (“SEC’s”) exhibit list for the jury trial in this matter 

(attached hereto). These objections do not include exhibits previously listed by the SEC 

that are related to the Accton transaction. On January 9, 2013, counsel for the SEC notified 

undersigned counsel that it has decided not to include the Accton transaction as a basis for 

any of its claims against Mr. Shanahan.

DATED: January 10, 2013

/s/ Andrew Good

Andrew Good

/s/ Philip G. Cormier

Philip G. Cormier

Good & Cormier

83 Atlantic Avenue

Boston, MA 02110

(617) 523-5933

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 1 of 13
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Certificate of Service

I hereby certify that I sent a true copy of the foregoing by electronically mailing it to 

the following persons:

Nancy J. Gegenheimer gegenheimern@sec.gov

DATED: January 10, 2013

/s/ Andrew Good

Andrew Good

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 2 of 13
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Shanahan Objections to SEC Exhibits

Exh No. 2/2012 Exh No. DATE Description Shanahan 

Objections

1 Deleted

2 2 8/4/1999 Email from Kay Re Minority interests Rules 401 & 403

3 3 8/9/1999 Email Jim Benard Re Quarter end 

process

Rules 401 & 403

4 177 8/13/1999 Cabletron Revenue Recognition 

Summary Rules 401 & 403

5 Deleted

6 173 11/8/1999 Software Rev. Recognition Policy Rules 401 & 403

7 175 11/8/1999

Undated Cabletron Software Revenue 

Recognition Policy

A i

Rules 401 & 403

8 4 11/24/1999 Email from Rachel Tanguay Re RMA 

Policy Rules 401 & 403

9 5 2/29/2000 Cabletron 10-K Rules 401 & 403

10 Deleted

11 7 3/29/2000 Silver Lake Partners News Report and 

March 29, 2000-Q4 Analyst Call Rules 401 & 403

12 147 3/29/2000 Press Release Re Transformation Rules 401 & 403

13 Deleted

14 Deleted

15 Deleted

16 Deleted

17 Deleted

18 Deleted

19 237 6/3/2000 Cabletron 10-Q Rules 401 & 403

20 394 6/28/2000 Cabletron Q1 Analyst Call Rules 401 & 403

21 Deleted

22 Deleted

23 198 5/5/2001 E-mail from J Shanahan Re Master 

Revenue Rules 401 & 403

24 238 9/2/2000 Cabletron 10-Q Rules 401 & 403

25 174 9/15/2000 Cabletron Software Revenue 

Recognition Policy Rules 401 & 403

26 14 9/22/2000 Script for Q2 Conference Call Rules 401 & 403

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 3 of 13
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27 Deleted

28 399 9/26/2000 Cabletron Q2 Analyst Call Rules 401 & 403

29 Deleted

30 Deleted

31 Deleted

32 240 12/2/2000 Cabletron 10-Q Rules 401 & 403

33 21 12/20/2000 Q3 Conference Call Script Rules 401 & 403

34 Deleted

35 Deleted

36 Deleted

37 224 1/11/2001 Email from Fiallo Re additional

revenue to meet target Rules 401 & 403

38 178 1/30/2001

E-mail from Moya Joosten re: 

Cabletron Investment ProgramGuidelinesRules 401 & 403

39 Deleted

40 Deleted

41 242 3/3/2001 Cabletron 10-K Rules 401 & 403

42 Deleted

43 Deleted

44 396 3/28/2001 Cabletron Q4 FY01 Analyst Call Rules 401 & 403

45 142 3/30/2001 Email from Shanahan Re Q1/April 

Forecast Rules 401 & 403

46 Deleted

47 Deleted

48 Deleted

49 Deleted

50 DELETED – ACCTON-RELATED

51 DELETED – ACCTON-RELATED

52 DELETED – ACCTON-RELATED

53 N 4/2/2002 Enterasys Press Release No objections

54 DELETED – ACCTON-RELATED

55 Deleted

56 Deleted

57 DELETED – ACCTON-RELATED

58 Deleted

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 4 of 13
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59 Deleted

60 Deleted

61 Deleted

62 Deleted

63 Deleted

64 Deleted

65 Deleted

66 Deleted

67 Deleted

68 Deleted

69 Deleted

70 DELETED – ACCTON-RELATED

71 145 4/30/2001 Email from Tony Hurley Re R&D 

investments Rules 401 & 403

72 Deleted

73 Deleted

74 Deleted

75 Deleted

76 Deleted

77 Deleted

78 Deleted

79 Deleted

80 Deleted

81 Deleted

82 Deleted

83 Deleted

84 DELETED – ACCTON-RELATED

85 DELETED – ACCTON-RELATED

86 Deleted

87 DELETED – ACCTON-RELATED

88 DELETED – ACCTON-RELATED

89 DELETED – ACCTON-RELATED

90 DELETED – ACCTON-RELATED

91 DELETED – ACCTON-RELATED

92 DELETED – ACCTON-RELATED

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 5 of 13
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93 DELETED – ACCTON-RELATED

94 Deleted

95 DELETED – ACCTON-RELATED

96 DELETED – ACCTON-RELATED

97 Deleted

98 Deleted

99 244 6/2/2001 Cabletron 10-Q No objections

100 DELETED – ACCTON-RELATED

101 Deleted

102 Deleted

103 Deleted

104 153 6/4/2001 Email from Eggemeier Re Investment 

Plan for Q2 Rules 401 & 403

105 DELETED – ACCTON-RELATED

106 Deleted

107 Deleted

108 Deleted

109 DELETED – ACCTON-RELATED

110 Deleted

111 Deleted

112 Deleted

113 Deleted

114 Deleted

115 Deleted

116 Deleted

117 Deleted

118 154 6/12/2001 Email from Eggemeier to Shanahan Re 

Investments Rules 401 & 403

119 Deleted

120 Deleted

121 Deleted

122 Deleted

123 45 6/27/2001 Cabletron Q1 FY02 Analyst Call Rules 401 & 403

124 272 6/27/2001 Cabletron Earnings Release Rules 401, 403, 

801

125 Deleted

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 6 of 13
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126 DELETED – ACCTON-RELATED

127 Deleted

128 DELETED – ACCTON-RELATED

129 46 7/6/2001 Email from Hurley Re 10-Q Rules 401 & 403

130 DELETED – ACCTON-RELATED

131 47 7/10/2001 Conference call transcript Rules 401 & 403

132 Deleted

133 Deleted

134 Deleted

135 159 7/13/2001 Email from Kay Re Tech Data 

Recommended Buy No objections

136 160 7/13/2001 Email from Levenson Re Tech Data 

Recommended Buy Rule 401

137 295 7/17/2001 Email from Kay Re Tech Data 

Recommended Buy Rule 401

138 161 7/17/2001 Email from Bill Cater Re Tech Data 

Recommended Buy No objections

139 Deleted

140 162 7/18/2001 Email from Kay Re Tech Data 

Recommended Buy Rules 401 & 403

141 155 7/19/2001 Email from Shanahan Re Revenue 

Drive Rules 401 & 403

142 255 7/21/2001

Email from Sims to Fiallo, Shanahan, 

Vivier, Workman and Johnston Re 

Time to Step up the Pace

Rules 401 & 403

143 Deleted

144 Deleted

145 Deleted

146 Deleted

147 DELETED – ACCTON-RELATED

148 Deleted

149 N 8/3/2001 Enterasys Invoice to Tech Data Canada

Rules 401 & 403 

for the last two 

pages

150 Deleted

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 7 of 13
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151 157 8/8/2001 Email from Gagalis Re Revenue 

Master File Rules 401 & 403

152 DELETED – ACCTON-RELATED

153 Deleted

154 DELETED – ACCTON-RELATED

155 DELETED – ACCTON-RELATED

156 DELETED – ACCTON-RELATED

157 DELETED – ACCTON-RELATED

158 Deleted

159 Deleted

160 Deleted

161 164 8/17/2001 Email from Croft Re Tech Data No objections

162 Deleted

163 256 8/18/2001 Email from Jaeger to Fiallo, Patel and 

Gagalis re Bullet Points Rules 401 & 403

164 329 8/18/2001 Levenson to Kay: cash collection Rules 401 & 403

165 Deleted

166 DELETED – ACCTON-RELATED

167 DELETED – ACCTON-RELATED

168 Deleted

169 Deleted

170 Deleted

171 Deleted

172 228 8/22/2001 Email from Fiallo to Patel, Jaeger, 

Kirkpatrick re Conference Call Rules 401 & 403

173 297 8/23/2001 Correspondence from Garofolo to 

Tech Data No objections

174 60 8/27/2001 Email from Jaeger Re Balance sheet 

Form 8-K Rules 401 & 403

175 Deleted

176 Deleted

177 298 8/27/2001 Email from Levenson to Dunbar Re 

Ingram and Tech Data No objections

178 DELETED – ACCTON-RELATED

179 Deleted

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 8 of 13
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180 190 8/27/2001 Email from Kay to Shanahan Re Tech 

Data No objections

181 DELETED – ACCTON-RELATED

182 Deleted

183 DELETED – ACCTON-RELATED

184 300 8/29/2001 Correspondence from Benard to Tech 

Data No objections

185 301 8/29/2001 Email from Benard to Shanahan Re 

Tech Data Letter No objections

186 Deleted

187 191 8/29/2001 Email from Shanahan to Tech Data Re 

Confirmation No objections

188 Deleted

189 Deleted

190 Deleted

191 Deleted

192 Deleted

193 Deleted

194 Deleted

195 Deleted

196 Deleted

197 Deleted

198 DELETED – ACCTON-RELATED

199 DELETED – ACCTON-RELATED

200 271 9/1/2001 Email from Gagalis Re Financial 

package Rules 401 & 403

201 347 2/24/2000 Press Release on Silver Lake 

Investment Rules 401 & 403

202 307 9/1/2001 KPMG summary of domestic partners No objections

203 281 9/1/2001 Email from Shanahan Re Investment 

Team Rules 401 & 403

204 DELETED – ACCTON-RELATED

205 270 9/1/2001 Enterasys 10Q, September 2001 Rules 401 & 403

206 245 9/29/2001 Enterasys 10Q(A), September 2001 Rules 401 & 403

207 360 9/1/2001 Investment Minority List Rules 401 & 403

208 DELETED – ACCTON-RELATED

209 Deleted

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 9 of 13
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210 Deleted

211 Deleted

212 Deleted

213 Deleted

214 Deleted

215 Deleted

216 304 9/4/2001 Email from Don Weaver to Joe Guth 

Re TD Canada PO Terms No objections

217 DELETED – ACCTON-RELATED

218 195 9/4/2001 Email from Shanahan Re Partners Rules 401 & 403

219 305 9/5/2001 Email from Guth Re Preliminary Q2 

Channels Returns Reserves Est. No objections

220 DELETED – ACCTON-RELATED

221 294 9/6/2001 Email from Levenson Re Tech Data 

Recommended Buy No objections

222 Deleted

223 69 9/7/2001 Email from Shanahan Re Inv. red 

actions Rules 401 & 403

224 DELETED – ACCTON-RELATED

225 DELETED – ACCTON-RELATED

226 Deleted

227 70 9/8/2001 Email from KPMG Re Q2 investments Rules 401 & 403

228 DELETED – ACCTON-RELATED

229 DELETED – ACCTON-RELATED

230 DELETED – ACCTON-RELATED

231 Deleted

232 DELETED – ACCTON-RELATED

233 306 9/13/2001 Email from Guth to Kay Re Final Q2 

Channels Return Reserves file No objections

234 169 9/13/2001 Email from Levenson to Kay Re 

Channel agreements No objections

235 Deleted

236 Deleted

237 Deleted

238 192 9/17/2001 Email from Levenson Re Channel 

Agreements No objections

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 10 of 13
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239 DELETED – ACCTON-RELATED

240 152 9/26/2001 Analyst reports from Equity Research, 

Morgan Stanley

d CIBC

Rules 401, 403, 

801

241 314 9/26/2001 Enterasys Q2 Results Top Wall Street 

Estimates article

Rules 401, 403, 

801

242 284 9/26/2001 9/01 Cabletron General Ledger Posting Rules 401 & 403

243 398 9/26/2001 Enterasys Q2 FY02 Analyst Call Rules 401 & 403

244 384 10/9/2001 Proxy Statement Rules 401 & 403

245 166 10/11/2001 Email from Fiallo Re 90d terms- Tech 

Data No objections

246 Deleted

247 Deleted

248 DELETED – ACCTON-RELATED

249 DELETED – ACCTON-RELATED

250 Deleted

251 Deleted

252 Deleted

253 235 11/28/2001 Email from Levenson Re TD 

Recommended Inventory Return No objections

254 Deleted

255 Deleted

256 383 12/8/2001 ADP Master Control Company 

Options Rules 401 & 403

257 DELETED – ACCTON-RELATED

258 149 12/29/2001 Enterasys Form 10-K Rules 401 & 403

259 380 12/29/2001 KPMG Memo on Process Analysis 

Documents-US Sales Process Rules 401 & 403

260 Deleted

261 382 12/31/2001 ADP records on Shanahan Rules 401 & 403

262 Deleted

263 Deleted

264 Deleted

265 Deleted

266 DELETED – ACCTON-RELATED

267 DELETED – ACCTON-RELATED

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 11 of 13
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268 171 2/5/2002 Analyst Report from The Wall Street 

Journal Rules 403 & 801

269 311 2/5/2002 Article " Enterasys Discloses Account 

Issues, Delays Earnings Rules 403 & 801

270 258 2/6/2002 Email from P. Colella to D. Wilson re: 

Enterasys Memo. Rules 401 & 403

271 312 2/12/2002

Email from Levenson to Haak Re TD 

$3M stockin Order No objections

272 N 2/1/2002 Enterasys Press Release Rules 401 & 403

273 Deleted

274 299 2/28/2002 Correspondence from Collins to Bill 

Cater No objections

275 168 2/28/2002

Tech Data Canada letter to Elaine 

Marks and Larry Collins sending Cater 

letter from Tech Data

No objections

276 Deleted

277 185 3/4/2002 Correspondence from Levenson to 

Tech Data Canada Rules 401 & 403

278 Deleted

279 Deleted

280 Deleted

281 279 6/1/2002 KPMG Preliminary Draft Rules 401 & 403

282 DELETED – ACCTON-RELATED

283 Deleted

284 357 7/9/2002 Investment Impairment Review Rules 401, 403, 

801

285 DELETED – ACCTON-RELATED

286 39 11/21/2002 Enterasys Investment Journal Entries Rules 401 & 403

287 Deleted

288 N

Shanahan's Separate Statement of 

Undisputed Facts in Support of His 

Motion for Summary Judgment

No objections; 

Accton Section 

Not Applicable

289 165 4/8/2003 Testimony of Manal Guirguis Rules 801 & 106

290 385 6/11/2003 Stock Options Exercised Rule 403

291 386 6/27/2003 Option list Rule 403

292 387 6/27/2003 Stock Options Granted Rule 403

293 Deleted

294 Deleted

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 12 of 13
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295 Deleted

296 389 11/26/2006 2001 Cash Compensation on Shanahan Rule 403

297 388 11/26/2006 Schedule of Stock Option Shanahan Rule 403

298 143 2/12/2010 Interrogatories of Jerry Shanahan No objections

299 Deleted

300 80 5/23/2011 Expert Report of Steve Henning Rules 401 & 403

301 81 5/24/2011 Steve Henning Declaration Rules 401, 403, 

801

302 151 10/1/2011 Declaration of Bruce Kay Rule 801

303 150 11/1/2011 Declaration of Susan Levenson Rule 801; as to 

par. 8, Rule 106

304 303 12/16/2011 Shanahan declaration No objections

305 79 Fiallo 302s Rules 401, 403, 

801

306 288 Hurley 302s Rules 401, 403, 

801

307 289 Spence 302s Rules 401, 403, 

801

308 Deleted

309 N 3/1/2001 Enterasys table of historical prices Rules 801 & 106

G:\CLIENTS\Shanahan (Civil)\Pleadings\2013-01-10 Shanahan Objections to SEC Refiled Exhibit List.docx

Case 1:07-cv-00039-SM Document 350 Filed 01/10/13 Page 13 of 13