Oracle Corporation et al v. SAP AG et al

Filing 1119

Letter from Steven C. Holtzman re: Further Update. (Attachments: # 1 Exhibit A)(Holtzman, Steven) (Filed on 4/4/2012)

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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 April 4, 2012 Via Electronic Case Filing System The Honorable Phyllis J. Hamilton United States District Court Northern District of California 1301 Clay Street, South Tower 3rd Floor Oakland, CA 94612-5212 RE: Oracle USA, Inc., et al. v. SAP AG, et al., Case No. 07-CV-1658 PJH Your Honor: We write with a further update regarding the trial schedule in Rincon EV Realty LLC, et al. v. CP III Rincon Towers, Inc., et al., SFSC Case No. CGC-10-496887 (“Rincon”). As previously noted in our updates of March 4 (Dkt. 1113) and March 23, 2012 (Dkt. 1117), Oracle’s lead trial counsel in this case, David Boies, is also lead trial counsel in Rincon. The Rincon trial is set to begin on June 25, 2012. Last month, our colleagues informed the Rincon Court about the June 18, 2012 trial date set in the above-captioned case (Dkt. 1110). At a case management conference last week, the Rincon Court stated that the Rincon trial will remain scheduled to begin on June 25. Exhibit A, at 16:10-14, 17:6-18. The Rincon Court stated that it might revisit the June 25 date if this Court indicates that it will not change the trial date in the above-captioned case. Id. Opposing counsel in Rincon stated that they would “vigorously oppose” any date other than June 25, and noted that the Rincon trial has been “scheduled many times.” Id., at 17:3-5. As a result, Mr. Boies continues to have a conflict with the Rincon trial, in addition to a conflict with the DuPoint trial (set to begin June 4). Oracle respectfully requests that this Court take these developments into consideration when making decisions regarding the trial schedule. Sincerely yours, /s/ Steven C. Holtzman Counsel for Plaintiffs Enc. cc: Tharan G. Lanier, Esq. (via ECF) Jane Froyd, Esq. (via ECF)

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