Oracle Corporation et al v. SAP AG et al

Filing 1143

Declaration of Tharan Gregory Lanier in Support of 1142 MOTION in Limine Defendants' Motions in Limine filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Related document(s) 1142 ) (Froyd, Jane) (Filed on 4/26/2012)

EXHIBIT 9

From:
To:
Cc:

Date:
Subject:

"Donnelly, Amy" <[e-mail]>
"'Jason McDonell'" <[e-mail]>, "House, Holly"
<[e-mail]>
"Howard, Geoff" <[e-mail]>, "Alinder, Zachary J."
<[e-mail]>, "Hann, Bree" <[e-mail]>, "Scott
Cowan" <[e-mail]>, "Greg Lanier" <[e-mail]>,
"Elaine Wallace" <[e-mail]>, "Jane L Froyd"
<[e-mail]>, "Joshua L Fuchs" <[e-mail]>, "Jacqueline K.
S. Lee" <[e-mail]>
06/26/2009 11:47 AM
RE: Agreements concerning discovery

Jason,
Plaintiffs accept the agreements specified below.
Regards,
Amy
Amy K. Donnelly | Associate
Bingham McCutchen LLP
Three Embarcadero Center
San Francisco CA 94111
T 415.393.2262 direct | F 415.393.2286
[e-mail]

From: Jason McDonell [mailto:[e-mail]]
Sent: Thursday, June 25, 2009 5:12 PM
To: House, Holly; Donnelly, Amy
Cc: Howard, Geoff; Alinder, Zachary J.; Hann, Bree; Scott Cowan; Greg Lanier; Elaine Wallace; Jane L
Froyd; Joshua L Fuchs; Jacqueline K. S. Lee
Subject: Agreements concerning discovery

Holly and Amy,
This email sets forth the agreements we reached during today's meet and confer regarding
SAP customer discovery and Safe Passage discovery. Please confirm Plaintiffs' acceptance

of these agreements in reply to this email.
With regard to SAP customer discovery, Plaintiffs agree that they will not seek customer
specific discovery (such as financial information, contracts, CRM data and customer-specific
win/loss reports) of SAP customers beyond those customers who purchased TomorrowNow
service and SAP products/support simultaneously or were existing TomorrowNow customers
at the time they purchased new SAP software or service. With Plaintiffs' agreement on this
matter, Defendants will not file a motion for a protective order on June 30 on this issue.
With regard to Safe Passage discovery, Defendants confirm that they have produced the
following types of high-level, non-privileged Safe Passage documents, regardless of whether
TomorrowNow was mentioned in the documents, to the extent that such documents exist
and were found in the custodian production: documents containing summary sales and
profit numbers for the Safe Passage program, high level win/loss documents concerning the
Safe Passage program (as opposed to customer-specific win/loss documents), documents
containing projections of Plaintiffs' losses resulting from the Safe Passage program, and pro
formas and forecasts regarding the Safe Passage program. Further, Defendants confirm
that, based upon a reasonably diligent search, Defendants have not located any central
repositories of Safe Passage documents. With Defendants' confirmation on this matter,
Plaintiffs will not file a motion to compel on June 30 on this issue.

Jason McDonell, Esq.
Jones Day
555 California Street, 26th Floor
San Francisco, CA 94104-1500
SF Office Main Tel.: [phone]
Direct Dial: [phone]
Fax: [phone]
Email: [e-mail]
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