Oracle Corporation et al v. SAP AG et al

Filing 1051

MOTION to Stay Defendants' Motion For Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant to FRCP 62 filed by SAP AG, SAP America Inc, Tomorrownow Inc. Motion Hearing set for 5/4/2011 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. (Attachments: # 1 Proposed Order)(Froyd, Jane) (Filed on 3/24/2011)

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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 OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR STAY OF EXECUTION OF JUDGMENT THROUGH APPEAL AND APPROVAL OF PROPOSED SECURITY PURSUANT TO FRCP 62

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[PROPOSED] ORDER GRANTING DEFS.' MOT. FOR STAY OF EXECUTION AND APPROVAL OF SECURITY Case No. 07-CV-1658 PJH (EDL)

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Having considered (1) Defendants' Motion for Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant to FRCP 62; (2) the Declaration of Tharan Gregory Lanier in Support of Defendants' Motion for Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant to FRCP 62 ("Lanier Decl.") and exhibits thereto; (3) the Declaration of Marcin Plonka in Support of Defendants' Motion for Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant to FRCP 62 ("Plonka Decl."); and (4) the Declaration of Michael Junge in Support of Defendants' Motion for Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant to FRCP 62 ("Junge Decl."), all of which were filed with the Court on March 24, 2011: IT IS HEREBY ORDERED THAT: Defendants' motion is GRANTED. Execution of final judgment is stayed pending disposition of post-judgment motions and, if necessary, appeal. Defendants are ORDERED to deposit $1,325,033,547.00 into an escrow account under the terms described in Defendants' Proposed Escrow Agreement, attached as Exhibit 1 to the Lanier Decl., within 14 days after this order is entered. DATED: ________________________ By: Hon. Phyllis J. Hamilton

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[PROPOSED] ORDER GRANTING DEFS.' MOT. FOR STAY OF EXECUTION AND APPROVAL OF SECURITY Case No. 07-CV-1658 PJH (EDL)