Oracle Corporation et al v. SAP AG et al

Filing 1049

Declaration of Zachary J. Alinder in Support of 1048 Stipulation and [Proposed] Order to Extend Briefing Schedule filed byOracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Related document(s) 1048 ) (Alinder, Zachary) (Filed on 3/9/2011)

Oracle Corporation et al v. SAP AG et al

Doc. 1049

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al, Defendants. No. 07-CV-01658 PJH (EDL) DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE Date: Time: Place: Judge: July 13, 2011 9:00 a.m. Courtroom 3 Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE
Dockets.Justia.com

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I, Zachary J. Alinder, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am

a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively, "Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. 2. On February 18, 2011, the Parties filed a Stipulated Request to Extend the

Briefing Schedule on the Parties' planned post-judgment motions pursuant to Rules 50 and 59 of
the Federal Rules of Evidence (the "Post-Trial Motions"), Dkt. No. 1041. On February 23, 2011,

the Court set a briefing and hearing schedule for the Post-Trial Motions. See February 23, 2011 Order, Dkt. No. 1043. Consistent with the Court's Order, on February 23, 2011, the Parties filed
their Post-Trial Motions. See Post-Trial Motions, Dkt. Nos. 1044-47.

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The Commentary to Civil Local Rule 7-2 advises that, "[f]or complex

motions, parties are encouraged to stipulate to or seek a Court order establishing a longer notice period with correspondingly longer periods for response or reply." Civ. L. R. 7-2. 4. After further meet and confer, the Parties have agreed amongst

themselves, subject to the Court's approval, to request a minor additional extension of time for the Opposition Briefs and Reply Briefs. In light of the advisory Commentary to Civil Local Rule 7-2, and given the complexity of the issues to be addressed in these motions and the Parties' agreement on the proposed schedule, the Parties have requested in their concurrently filed Stipulated Request and [Proposed] Order to Extend Briefing Schedule ("Stipulated Request") that the Court modify the post-judgment briefing schedule as follows: April 8 April 27 July 13 5. Deadline to file Opposition Briefs Deadline to file Reply Briefs Hearing

As the current hearing date set by the Court is July 13, 2011, the Parties do

not believe that the requested additional extension of time, which still provides the Court 1
Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE

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approximately 2.5 months to consider the Parties' briefing, will impact the hearing date or the Court's consideration of the Post-Trial Motions. 6. The Parties have jointly and separately requested and received unrelated

pre-trial time modifications in this matter. 7. In addition to the stipulated request discussed in Paragraph 2 above and as

reflected at Dkt. No. 1041, the Parties have also jointly requested and received unrelated posttrial time modifications in this matter, including Stipulations and [Proposed] Orders to Temporarily Stay Execution of the Judgment, including concurrently with this Stipulated Request, and at Dkt. Nos. 1035 and 1039. 8. Other than as described above, the concurrently filed Stipulated Request

would have no other effect on the current case schedule. Further, the request neither affects any other rights or obligations of the Parties, nor impacts the briefing page limits or briefing description set forth in the Parties' February 18, 2011 Stipulated Request, Dkt. No. 1041, and as ordered in the Court's February 23, 2011 Order, Dkt. No. 1043

I declare under penalty of perjury under the laws of the United States that the foregoing facts are true and correct, and that this Declaration was executed on March 9, 2011, in San Francisco, CA. /s/ Zachary J. Alinder Zachary J. Alinder

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Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE