Oracle Corporation et al v. SAP AG et al

Filing 1062

REPLY (re 1051 MOTION to Stay Defendants' Motion For Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant to FRCP 62 ) filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Proposed Order)(Froyd, Jane) (Filed on 4/20/2011)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 OAKLAND DIVISION 22 ORACLE USA, INC., et al., 23 Plaintiffs, 24 v. 25 SAP AG, et al., 26 Case No. 07-CV-1658 PJH (EDL) [REVISED PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION FOR STAY OF EXECUTION OF JUDGMENT THROUGH APPEAL AND APPROVAL OF PROPOSED SECURITY PURSUANT TO FRCP 62 Defendants. 27 28 [REVISED PROPOSED] ORDER GRANTING DEFS.’ MOT. FOR STAY AND APPROVAL OF SECURITY Case No. 07-CV-1658 PJH (EDL) 1 Having considered the papers filed by the parties in connection with Defendants’ Motion 2 for Stay of Execution of Judgment Through Appeal and Approval of Proposed Security Pursuant 3 to FRCP 62 (ECF No. 1051): 4 IT IS HEREBY ORDERED THAT: Defendants’ motion is GRANTED. Execution of 5 final judgment is stayed pending disposition of post-judgment motions and, if necessary, appeal. 6 Defendants are ORDERED to obtain and move the Court for approval of a supersedeas bond in 7 the amount of $1,325,033,547.00 within 21 days after this order is entered. Oracle’s request that 8 the Court instruct the bonding company to provide a quarterly report to the parties and increase 9 the bond amount as needed to cover post-judgment interest accrued in the future is DENIED. 10 11 12 13 DATED: ________________________ By: Hon. Phyllis J. Hamilton 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SVI-92029v1 -1- [REVISED PROPOSED] ORDER GRANTING DEFS.’ MOT. FOR STAY AND APPROVAL OF SECURITY Case No. 07-CV-1658 PJH (EDL)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?