Oracle Corporation et al v. SAP AG et al
Filing
1071
Declaration of Jane L. Froyd in Support of 1070 MOTION Approval of Security Pursuant to FRCP 62 Defendants' Motion For Approval of Security Pursuant to Rule 62 of the Federal Rules of Civil Procedure filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 1070 ) (Froyd, Jane) (Filed on 5/20/2011)
EXHIBIT 2
Subject:
RE: Oracle v. SAP: Motion for Stay and Approval of Security
From:
Jane L Froyd
05/16/2011 11:49 AM
Extension: 33937
To:
Cc:
Alinder, Zachary J.
"'Gregory Castanias'", "Howard, Geoff", "'Jacqueline K. S. Lee'", "Chin, Lisa", "'Rachel L.
Rawson'", "Brundage, Robert A.", "'Greg Lanier'"
Zac,
Attached you will find the bond form that Defendants intend to file this week, which Defendants believe
complies with all applicable rules and the Court's order. Please let us know whether Oracle will stipulate
to this form. If so, we will send you a draft stipulated motion for your approval. If not, please explain why.
Regards,
Jane
Jane L. Froyd
1755 Embarcadero Road • Palo Alto, CA 94303
DIRECT 650.739.3937 • FAX 650.739.3900 • E-MAIL jfroyd@jonesday.com
Bond.pdf
"Alinder, Zachary J."
From:
To:
Cc:
Date:
Subject:
Hi Jane, In follow-up to the email below, we c...
05/11/2011 12:16:12 PM
"Alinder, Zachary J."
"'Jane L Froyd'"
"Howard, Geoff" , "'Jacqueline K. S. Lee'"
, "Chin, Lisa" , "'Rachel L. Rawson'"
, "Brundage, Robert A." , "'Greg
Lanier'" , "'Gregory Castanias'"
05/11/2011 12:16 PM
RE: Oracle v. SAP: Motion for Stay and Approval of Security
Hi Jane,
In follow-up to the email below, we continue to think that the Parties should meet and confer on the bond
pro forma and the bond issuer(s). Our hope is that the Parties will be able to stipulate that the bond
secured by SAP complies with the Court's order and provides adequate security under Rule 62 and Local
Rule 65.1. Please let us know if you are open to that dialogue.
Best regards,
Zac
From: Alinder, Zachary J.
Sent: Friday, April 29, 2011 12:59 PM
To: 'Jane L Froyd'
Cc: Howard, Geoff; 'Jacqueline K. S. Lee'; Chin, Lisa; 'Rachel L. Rawson'; Brundage, Robert A.; Greg
Lanier; Gregory Castanias
Subject: RE: Oracle v. SAP: Motion for Stay and Approval of Security
Jane,
The Court's order appears to have mooted our attempted stipulation, so I will not provide comments back
today as expected. We still think that it would make sense for SAP to provide the pro forma of the bond
and information about the bond issuer(s) to us sufficiently in advance of bringing the motion to approve
the bond, so that we can provide comments and hopefully agree in advance that provides adequate
security under Rule 62 and Local Rule 65.1.
Best regards,
Zac
From: Jane L Froyd [mailto:jfroyd@JonesDay.com]
Sent: Thursday, April 28, 2011 3:21 PM
To: Alinder, Zachary J.
Cc: Howard, Geoff; 'Jacqueline K. S. Lee'; Chin, Lisa; 'Rachel L. Rawson'; Brundage, Robert A.; Greg
Lanier; Gregory Castanias
Subject: Re: Oracle v. SAP: Motion for Stay and Approval of Security
Zac,
Defendants agree to file a stipulation regarding the form of security to stay execution of judgment and
attach a draft stipulation. It includes a provision accounting for an increase in the bond amount should the
appeal process exceed three years. At this time, Defendants are still the finalizing bond arrangements
and cannot yet provide a pro forma or the name(s) of the issuer(s). Please note, however, that all of the
issuers that Defendants are considering are rated A- or higher (as rated by A.M. Best
http://www3.ambest.com/ratings/default.asp). Defendants will provide the bond form (which will include
the issuer(s)' names) by the agreed May 25 deadline for Defendants to file the motion asking the Court to
approve the particular bond.
Please let us know if you have any questions and whether Oracle agrees to Defendants' proposed
stipulation.
Regards,
Jane
Jane L. Froyd
1755 Embarcadero Road • Palo Alto, CA 94303
DIRECT 650.739.3937 • FAX 650.739.3900 • E-MAIL jfroyd@jonesday.com
Fro "Alinder, Zachary J."
m:
To: "'Jane Froyd'"
Cc: "'Jacqueline K. S. Lee'" , "Greg Lanier" , "'Rachel L. Rawson'"
, "Howard, Geoff" , "Chin, Lisa" , "Brundage,
Robert A."
Dat 04/27/2011 05:17 PM
e:
Su Oracle v. SAP: Motion for Stay and Approval of Security
bje
ct:
Jane,
In its Reply papers, SAP appears to agree that it should post a secured bond in the full agreed amount
and to increase the bond amount should any appeal last longer than three years. Given this position,
Oracle believes that the Parties may be able to reach agreement on the form of security. The only
"reporting" that we would request is (1) that we be provided a pro forma of the bond and information
about the bond issuer(s) so that we can confirm that they provide adequate security, and (2) that, in the
event the appeal goes beyond three years, we be provided quarterly with confirmation that the bond has
been increased to cover accrued interest. In addition, Oracle will agree to SAP's request for 21 days
from the date of the May 4th hearing to secure the bond. Assuming this is acceptable, we ask that you
send us a draft stipulation reflecting these terms and requesting Judge Hamilton approve them and take
the hearing off-calendar. If you'd like to meet and confer on this, we can be available later this week to do
so.
Best regards,
Zac
Zachary J. Alinder
Bingham McCutchen LLP
Three Embarcadero Center | San Francisco, CA 94111
T (415) 393-2226 | F (415) 393-2286
zachary.alinder@bingham.com
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