Oracle Corporation et al v. SAP AG et al

Filing 100

Declaration of Jason McDonell in Support of 99 Reply to Opposition to Defendants' Objections to Special Master's Report and Recommendations Re: Dicovery Hearings 1 and 2 filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 99 ) (McDonell, Jason) (Filed on 6/6/2008)

Oracle Corporation et al v. SAP AG et al

Doc. 100

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH REPLY DECLARATION OF JASON McDONELL IN SUPPORT OF DEFENDANTS' OBJECTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONS RE: DISCOVERY HEARINGS 1 AND 2 Date/Time: July 1, 2008, 11:00 am Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte
McDONELL REPLY DECL. ISO DEFS.' OBJS. TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONS Case No. 07-CV-1658 PJH

SFI-585382v1

Dockets.Justia.com

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I, JASON McDONELL, declare: I am a partner in the law firm of Jones Day, 555 California Street, San Francisco, California 94104, a member in good standing of the bar of this state, and counsel of record for Defendants SAP AG, SAP Americas, and TomorrowNow, Inc. ("TN") in the above-captioned action. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached hereto as Exhibit 1 is a true and correct copy of an excerpt from the

transcript of the February 13, 2008 hearing with the Special Master on the parties' first set of motions to compel. 2. Attached hereto as Exhibit 2 is a true and correct copy of a July 27, 2002 letter

from James R.J. Spencer, then General Counsel for TN, to David Chavez, then Assistant General Counsel for PeopleSoft. A copy of this letter was produced to Oracle by Blank Rome LLP on May 16, 2008 in response to a subpoena from Oracle. 3. I have reviewed Oracle's January 28, 2008 Motion to Compel Production of

Documents Related to Government Investigations and Further Responses to Interrogatories (the "Letter Brief"). The quoted text cited at page 4 of Defendants' reply brief appears at page 4 of Oracle's Letter Brief. Defendants have not included the Letter Brief itself because Oracle designated it under the Protective Order as containing confidential and highly confidential information. Instead, Defendants have quoted the relevant non-confidential text in the reply brief. 4. To date, Defendants have produced 2,181,283 Bates-numbered TN documents,

125,591 Bates-numbered SAP documents, and over 6 terabytes of native data (not Batesnumbered). I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 6th day of June, 2008 in San Francisco, California.

/S/ Jason McDonell JASON McDONELL
SFI-585382v1 McDONELL REPLY DECL. ISO DEFS.' OBJS. TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONS Case No. 07-CV-1658 PJH

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