Oracle Corporation et al v. SAP AG et al

Filing 1129

STIPULATION AND ORDER TO EXTEND TIME TO COMPLY WITH PORTIONS OF PRETRIAL ORDER REGARDING SUBMISSION OF TRIAL EXHIBITS AND COUNTER DEPOSITION DESIGNATIONS by Hon. Phyllis J. Hamilton granting 1128 Stipulation.(nah, COURT STAFF) (Filed on 4/25/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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: 415.393.2000 Facsimile: 415.393.2286 donn.pickett@bingham.com geoff.howard@bingham.com bree.hann@bingham.com BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 Facsimile: (914) 749-8300 dboies@bsfllp.com STEVEN C. HOLTZMAN (SBN 144177) FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: (510) 874-1000 Facsimile: (510) 874-1460 sholtzman@bsfllp.com fnorton@bsfllp.com DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: 650.506.4846 Facsimile: 650.506.7144 dorian.daley@oracle.com jennifer.gloss@oracle.com Attorneys for Plaintiffs Oracle USA, Inc., et al. 20 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA 22 OAKLAND DIVISION 23 ORACLE USA, INC., et al., 24 25 26 27 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 28 STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL) -1- 1 Pursuant to Civil Local Rule 6-3, Plaintiff Oracle International Corporation (“Oracle”) 2 and Defendants SAP AG, SAP America, Inc., (“SAP”) and TomorrowNow, Inc. (“TN” and 3 together with Plaintiffs, the “Parties”), hereby submit this agreed-upon stipulation to extend time 4 for the Parties to comply with the Court’s February 28, 2012 Pretrial Order re Retrial (“February 5 28, 2012 Order”) to: (1) submit pre-marked trial exhibits to the Clerk’s Office, and (2) to serve 6 and file counter, and counter-counter deposition designations. 7 8 9 10 11 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 12 in the last trial, the Parties not submit paper copies of every exhibit on the Parties’ respective 13 exhibit lists in advance of the pretrial conference; 14 15 16 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 17 adequate time to process the deposition excerpts of witnesses who will not testify in person at 18 trial (deposition designations) disclosed on April 26, 2012 in accordance with the Court’s 19 February 28, 2012 Order. 20 21 22 23 24 25 26 27 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. 28 STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL) -1- 1 2 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. 3 The Parties jointly request that the Court grant a 14 calendar-day extension of the deadline 4 for the parties to exchange counter deposition designations to May 17, 2012, to exchange counter- 5 counter designations on May 29, 2012, and to file all deposition designations with the Court on 6 May 31, 2012. 7 These requested extensions do not impact any other portion of the current case schedule, 8 including the current June 18, 2012 trial date. The only purpose of this requested extension is to 9 extend the deadlines noted above, and thus these requested extensions shall not in any way affect 10 11 any other rights or obligations of the Parties. IT IS SO STIPULATED. 12 13 DATED: April 20, 2012 Bingham McCutchen LLP 14 15 By: 16 17 /s/ Geoffrey M. Howard Geoffrey M. Howard Attorneys for Plaintiff Oracle International Corporation 18 19 In accordance with General Order No. 45, Rule X, the above signatory attests that 20 concurrence in the filing of this document has been obtained from the signatory below. 21 DATED: April 20, 2012 JONES DAY 22 23 By: \s\ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. 24 25 26 27 28 STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL) -2- 1 IT IS SO ORDERED. 2 R NIA ilton am yllis J. H Judge Ph FO S UNIT ED ED ORDER IT IS SO NO H 5 LI RT Phyllis J. Hamilton ER UnitedNStates OF C D I S T I C T District Judge R A 4 DATED: April 25 2012 __, S DISTRICT TE C TA RT U O 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL) -3-

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