Oracle Corporation et al v. SAP AG et al

Filing 1128

STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO COMPLY WITH PORTIONS OF PRETRIAL ORDER REGARDING SUBMISSION OF TRIAL EXHIBITS AND DEPOSITION DESIGNATIONS filed by Oracle International Corporation. (Howard, Geoffrey) (Filed on 4/20/2012)

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BINGHAM MCCUTCHEN LLP
DONN P. PICKETT (SBN 72257)
GEOFFREY M. HOWARD (SBN 157468)
BREE HANN (SBN 215695)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
[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]
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.

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Robert A. Mittelstaedt (SBN 060359)
Jason McDonell (SBN 115084)
Elaine Wallace (SBN 197882)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
Tharan Gregory Lanier (SBN 138784)
Jane L. Froyd (SBN 220776)
JONES DAY
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Scott W. Cowan (Admitted Pro Hac
Vice)
Joshua L. Fuchs (Admitted Pro Hac
Vice)
JONES DAY
717 Texas, Suite 3300
Houston, TX 77002
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
SAP AG, SAP AMERICA, INC., and
TOMORROWNOW, INC.

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ORACLE USA, INC., et al.,
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Plaintiffs,
v.
SAP AG, et al.,
Defendants.

Case No. 07-CV-1658 PJH (EDL)
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
COMPLY WITH PORTIONS OF
PRETRIAL ORDER REGARDING
SUBMISSION OF TRIAL EXHIBITS
AND COUNTER DEPOSITION
DESIGNATIONS

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STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER
Case No. 07-CV-1658 PJH (EDL)

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Pursuant to Civil Local Rule 6-3, Plaintiff Oracle International Corporation (“Oracle”)

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and Defendants SAP AG, SAP America, Inc., (“SAP”) and TomorrowNow, Inc. (“TN” and

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together with Plaintiffs, the “Parties”), hereby submit this agreed-upon stipulation to extend time

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for the Parties to comply with the Court’s February 28, 2012 Pretrial Order re Retrial (“February

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28, 2012 Order”) to: (1) submit pre-marked trial exhibits to the Clerk’s Office, and (2) to serve

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and file counter, and counter-counter deposition designations.

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WHEREAS, the February 28, 2012 Order sets May 24, 2012 as the date of the pretrial
conference;
WHEREAS, the February 28, 2012 Order sets April 26, 2012 (28 days prior to the pretrial
conference) as the deadline for the parties to submit pre-marked exhibits to the Clerk’s Office;
WHEREAS, the Parties believe the Court would prefer, in accordance with its preferences

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in the last trial, the Parties not submit paper copies of every exhibit on the Parties’ respective

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exhibit lists in advance of the pretrial conference;

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WHEREAS, the February 28, 2012 Order sets May 10, 2012 (14 days prior to the pretrial
conference) as the deadline for the parties to serve and file counter deposition designations;
WHEREAS, the Parties believe that an extension of time is necessary to allow the Parties

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adequate time to process the deposition excerpts of witnesses who will not testify in person at

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trial (deposition designations) disclosed on April 26, 2012 in accordance with the Court’s

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February 28, 2012 Order.

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WHEREAS, the Court’s Orders currently do not provide for the exchange of countercounter deposition designations; and
WHEREAS, the Parties believe the exchange of counter-counter designations will
facilitate a more efficient process at trial.
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through
their respective counsel of record, as follows:
The Parties hereby jointly request that the Court continue the deadline to submit copies of
pre-marked exhibits to the Clerk’s Office.

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STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER
Case No. 07-CV-1658 PJH (EDL)

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The Parties further request the Court address its preferences for submitting exhibits to the
Court and the Clerk’s Office at the pretrial conference on May 24, 2012.

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The Parties jointly request that the Court grant a 14 calendar-day extension of the deadline

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for the parties to exchange counter deposition designations to May 17, 2012, to exchange counter-

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counter designations on May 29, 2012, and to file all deposition designations with the Court on

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May 31, 2012.

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These requested extensions do not impact any other portion of the current case schedule,

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including the current June 18, 2012 trial date. The only purpose of this requested extension is to

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extend the deadlines noted above, and thus these requested extensions shall not in any way affect

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any other rights or obligations of the Parties.
IT IS SO STIPULATED.

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DATED: April 20, 2012

Bingham McCutchen LLP

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By:

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/s/ Geoffrey M. Howard
Geoffrey M. Howard
Attorneys for Plaintiff
Oracle International Corporation

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In accordance with General Order No. 45, Rule X, the above signatory attests that

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concurrence in the filing of this document has been obtained from the signatory below.

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DATED: April 20, 2012

JONES DAY

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By:

\s\ Tharan Gregory Lanier
Tharan Gregory Lanier
Attorneys for Defendants
SAP AG, SAP America, Inc., and
TomorrowNow, Inc.

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STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER
Case No. 07-CV-1658 PJH (EDL)

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IT IS SO ORDERED.

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DATED: April __, 2012
Phyllis J. Hamilton
United States District Judge

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STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER
Case No. 07-CV-1658 PJH (EDL)

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