Oracle Corporation et al v. SAP AG et al

Filing 1073

Declaration of Zachary J. Alinder in Support of 1072 Opposition/Response to Motion, For Approval of Security Pursuant to Rule 62 filed byOracle International Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Related document(s) 1072 ) (Alinder, Zachary) (Filed on 5/20/2011)

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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: 415.393.2286
[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]

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DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, M/S 5op7
Redwood City, CA 94070
Telephone: [phone]
Facsimile: 650.506.7144
[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.,
No. 07-CV-01658 PJH (EDL)
DECLARATION OF ZACHARY J. ALINDER
Plaintiffs,
IN SUPPORT OF OPPOSITION TO MOTION
v.
FOR APPROVAL OF SECURITY

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SAP AG, et al.,

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Defendants.

Date: June 29, 2011
Time: 9:00 a.m.
Place: 3rd Floor, Courtroom 3
Judge: Hon. Phyllis J. Hamilton

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

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF ORACLE’S OPPOSITION
TO MOTION FOR APPROVAL OF SECURITY

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I, Zachary J. Alinder, declare as follows:

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1.

I am an attorney licensed to practice law in the State of California and am

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a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle

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International Corporation, and Siebel Systems, Inc. (collectively, “Oracle”). I have personal

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knowledge of the facts stated within this Declaration and could testify competently to them if

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required. Unless otherwise noted below, Oracle has provided all highlighting in these Exhibits to

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further assist in identifying the information relevant to Oracle’s Opposition to SAP’s Motion for

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Approval of Security.

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2.

Attached as Exhibit A is a true and correct copy of an April 29, 2011

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email from me to counsel for Defendants, Jane Froyd, regarding Oracle’s request to meet and

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confer on the proposed bond. I did not receive a response to this message.

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3.

Attached as Exhibit B is a true and correct copy of a May 11, 2011 email

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from me to counsel for Defendants, Jane Froyd, re-confirming Oracle’s request to meet and

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confer and further stating: “Our hope is that the Parties will be able to stipulate that the bond

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secured by SAP complies with the Court's order and provides adequate security under Rule 62

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and Local Rule 65.1.”

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4.

Attached as Exhibit C is a true and correct copy of a May, 16, 2011 email

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from counsel for Defendants, Jane Froyd, to me including the attached bond format that Ms.

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Froyd stated “Defendants intend to file this week.”

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5.

Attached as Exhibit D is a true and correct copy of a May 18, 2011 email

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from me to counsel for Defendants, Jane Froyd, providing Oracle’s proposed revisions to SAP’s

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proposed bond format, along with the attached redline and clean versions of the bond language,

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and an explanation for the revisions in the body of the email.

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6.

Attached as Exhibit E is a true and correct copy of the redline version of

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Oracle’s proposed revisions to SAP’s proposed bond format, emailed by me to counsel for

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Defendants on May 18, 2011.

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7.

Attached as Exhibit F is a true and correct copy of a May 19, 2011 email

from counsel for Defendants, Jane Froyd, to me rejecting Oracle’s proposed revisions.
Case No. 07-CV-01658 PJH (EDL)
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DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF ORACLE’S OPPOSITION
TO MOTION FOR APPROVAL OF SECURITY

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8.

Attached as Exhibit G is a true and correct copy of a May 19, 2011 email

from me to counsel for Defendants, Jane Froyd.
9.

Attached as Exhibits H, I, and J are true and correct copies of three

supersedeas bonds entered in the past few years by Courts in the Northern District of California.
I declare under penalty of perjury under the laws of the United States that the

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foregoing facts are true and correct, and that this Declaration was executed on May 20, 2011, in

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San Francisco, CA.

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/s/ Zachary J. Alinder

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Zachary J. Alinder

.

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

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF ORACLE’S OPPOSITION
TO MOTION FOR APPROVAL OF SECURITY