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).

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 [phone]

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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