IN THE UNITED STATES DISTRICT COURT WESTERNDISTRICT OF TEXAS AUSTIN DIVISION FUNDSXPRESS FINANCIAL NETWORK, INC. PLAINTIFF, V. DIGITAL INSIGHT CORPORATION, RONALD GOFFMAN, ERIC EDWARDS, AND DOES 1 THRU 10, INCLUSIVE AND EACH OF THEM DEFENDANTS. DISCOVERY CONTROL PLAN Pursuant to FED. R. CIV. P. 26(f), the undersigned parties file this Discovery Control Plan to identify discovery subjects, deadlines and limitations. The parties have conferred and agree to the deadlines and limitations expressed in this Plan. Initial Disclosures. FED. R. CIV. P. 26(f)(1). 1. Initial Disclosures, pursuant to FED. R. CIV. P. 26, will be exchanged on May 30, 2002. Discovery Subjects and Deadline. FED. R. CIV. P. 26(f)(2). 2. The undersigned parties intend to conduct discovery regarding the parties' claims and defenses. In doing so, the parties anticipate that they will conduct written discovery and oral discovery of party and non-party witnesses. 3. Discovery will be completed on August 15, 2003. The parties agree that they will exchange written discovery beginning in May, 2002, and will commence oral depositions in August, 2002. Discovery Limitations. FED. R. Civ. P.26(f)(3). 4. The parties agree to limit Interrogatories to 25. The parties agree that a reasonable number of additional interrogatories may be propounded for the sole purpose of discovering and identifying specifications of computer systems in order to conduct electronic discovery. The parties will agree on a reasonable number of interrogatories and the most efficient means and limitations to conduct electronic discovery. 5. Requests for Admission will be limited to 50 requests to each party. 6. . The parties anticipate that there may be between 150 and 200 witnesses with information relevant to this matter. Therefore, the deposition limit of 10 per side will be exceeded and the parties will work together to place reasonable limitations on oral and written depositions. Other Orders. FED. R. CIV. P. 26(f)(4) 7. The parties are working together to identify the specific terms of a Protective Order and will submit the proposed Protective Order to the Court for its approval and signature. Respectfully submitted, WINSTEAD SECHREST & MINICK P.C. 100 Congress Avenue Suite 800 Austin, Texas 78701 (512) 370-2885 telephone (512) 370-2850 fax By: Peter A. Nolan SBN 15062600 ATTORNEYS FOR PLAINTIFF [stricken out and not signed: COTTON & GUNDZIK, L.L.P. 725 South Figueroa St., 34th Floor Los Angeles, CA 90017 (213)312-1330 (213)623-6699 (fax) ] CLARK, THOMAS & WINTERS 300 West 6th Street, 15th Floor P.O. Box 1148 Austin, TX 78767-1148 (512) 472-8800 (512) 474-1129 (fax) By: Barry Bishop SBN 02346000 ATTORNEYS FOR DEFENDANTS, DIGITAL INSIGHT CORPORATION AND ERIC EDWARDS