Oracle Corporation et al v. SAP AG et al

Filing 1117

Letter from Steven C. Holtzman re: Further Scheduling Update. (Holtzman, Steven) (Filed on 3/23/2012) Modified on 3/27/2012 (vlk, COURT STAFF).

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B O I E S , S C H I L L E R & F L E X N E R L L P 1999 HARRISON STREET* SUITE 900* OAKLAND, CA 94612* 510-874-1000 FAX 510-874-1460 March 23, 2012 Via Electronic Delivery The Honorable Phyllis J. Hamilton United States District Court Northern District of California 1301 Clay Street, South Tower Oakland, CA 94612-5212 RE: Oracle USA, Inc., et al. V. SAP AG, et al., Case No. 07-CV-1658 Your Honor: We write to provide the Court a further scheduling update. As noted in the parties' submission dated February 24, 2012 (Dkt. 1109), Oracle was awaiting a determination from Judge Alsup as to when trial in Oracle America, Inc. v. Google Inc. (No. C 10-03561 WHA) would be scheduled. On March 13, 2012, Judge Alsup set the Oracle/Google case for trial beginning on April 16, 2012, with the trial lasting for up to eight weeks (i.e., until June 8, 2012). See Case C 10-03561 WHA, Dkt. 786. On March 20, 2012, Judge Alsup denied Google counsel’s motion for a continuance. Id., Dkt. 820. This development removes one potential direct conflict between the Oracle/Google trial and the June 18, 2012 trial date in this case. In addition, it removes Judge Alsup's previous request that counsel in the Oracle/Google litigation keep their calendars clear during September through December 2012. However, some conflict remains in that Mr. Boies, Mr. Holtzman, Mr. Norton, and Mr. Richardson, all of whom are key members of the trial teams in both cases, will be in the Oracle/Google trial until shortly before trial of this matter is to commence. In addition, Mr. Boies continues to have conflicts in the DuPont (June 4) and Rincon (June 25) trials. Oracle respectfully requests that the Court take these facts into account in making decisions related to the trial schedule. Sincerely yours, /s/ Steven C. Holtzman Counsel for Plaintiffs cc: Tharan G. Lanier, Esq. Jane Froyd, Esq.

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