Oracle Corporation et al v. SAP AG et al

Filing 1201

Declaration of Tharan Gregory Lanier in Support of 1182 Statement Declaration of Tharan Gregory Lanier iso Joint Statement Regarding Exhibit Objections 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, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 1182 ) (Froyd, Jane) (Filed on 8/2/2012)

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EXHIBIT 14 Foundation for A-5193 Defendants Plaintiffs Resp identifying Trial Exhibit A-5193 Objs to James MeLeod Interrogatory as support No sales Foundational Support 98 in Defs manager for 5th Set of Interrogatories Acusimet and Honeywell Cummins Sept 16 2008 Depo Tr at 8222-838 Rule 30b6 James McLeod as an Oracle regional support sales manager Cummins Sept 16 2008 Depo Tr 345-25 Rule support renewal/sales 30b6 testimony testimony representatives report to regional managers identifying indicating that and associated job responsibilities Duggan Aug responsibilities Duggan Aug support SVI-108747v1 sales 2009 Depo Tr 2123-2225 Rule of supports 2009 Depo Tr 30b6 representatives and sales 2316-24 representatives with regard Rule to testimony describing the job managers 30b6 testimony identifying duties of communications with Oracle customers BINGHAM McCUTCHEN LLP DONN PICKETT SBN 72257 GEOFFREY HOWARD SBN 157468 HOLLY HOUSE SBN 136045 ZACHARY ALINDER SBN 209009 BREE HANN SBN Three Embarcadero CA San Francisco 215695 Center 94111-4067 415 393-2000 415 393-2286 Telephone Facsimile donn.pickett@bingham.com geoff.howard@bingham.com holly.housebingham.com zachary.alinder@bingham.com bree.hannbingham.com DORIAN DALEY SBN JENNIFER GLOSS 10 500 Oracle Parkway Redwood 11 154227 M/S 5op7 CA 94070 650 506-4846 650 506-7114 City Telephone Facsimile 12 129049 SBN dorian.daley@orac1e.com jennifer.glossorac1e.com 13 14 Attorneys for Plaintiffs Oracle USA Oracle EMEA Inc Oracle International Limited and Siebel Corporation Inc Systems 15 16 UNITED 17 NORTHERN 18 STATES DISTRICT DISTRICT OAKLAND COTJRT OF CALIFORMA DIVISION 19 20 ORACLE USA INC eta 21 Plaintiffs 22 23 AG eta Defendants 24 25 26 27 ______________________________ CASE NO 07-CV-0 1658 PLAiNTIFFS RESPONSES PJH EDL SUPPLEMENTAL AND TO OBJECTIONS INTERROGATORY NO.98 IN DEFENDANTS FIFTH SET OF INTERROGATORIES SIEBEL CONTAINS HIGHLY CONFIDENTIAL INFORMATION DESIGNATED PURSUANT TO PROTECTIVE ORDER 28 07-CV-01658 PLAINTIFFS SUPPLEMENTAL RESPONSES AND OBJECTIONS TO INTERROGATORY DEFENDANTS FIFTH SET OF INTERROGATORIES SIEBEL PJH NO.98 EDL IN PARTY PROPOUNDING Defendants RESPONDING PARTY SET NO Five Pursuant Oracle International Oracle Set Plaintiffs and their response supplement between Oracle Corporation of Interrogatories 11 2009 Rule of Civil Procedure to Federal with respect EMEA The below as 12 these 13 Siebel software Systems Inc No Interrogatory USA Oracle Plaintiffs product 98 Inc collectively of Defendants Fifth pursuant to the June line the parties 10 Response to Siebel GENERAL 11 Limited and objections Oracles to 33 if General Objections following in fully repeated OBJECTIONS each Response are incorporated Any to repeat failure each into all or specific of any part of such objections General Objections 14 15 16 17 shall preserve any objections trial in this Oracle 20 Federal to Interrogatories in any manner of Civil Procedure to the extent 22 24 25 26 that is not limitation information the Interrogatories required and within that exceeds that or and Responses in the be without relevance their prejudice matenality subject is Oracles each matter at to and or any hearing Rules required they Oracle shall the extent to or control that respond to Defendants obligate the seek without including of any partys customers its to by the Rules possession custody in purport with the requirements of the laws Interrogatory in the possession the extent to inconsistent applicable manner to is or any other based only on information by the Federal 27 the competence to the Interrogatories Oracle objects information to the shall waiver or relinquishment action respond Rules any Interrogatory may have Oracle objects 19 23 it to of any of the Interrogatories admissibility or answers that shall not constitute Response specific Oracles 18 21 in Oracle will respond own possession custody or control to as of Civil Procedure Oracle objects to these Interrogatories to the extent they are compound 28 07-CV-01658PJ11EDL PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH AND TO INTERROGATORY SET OF INTERROGATORJES SIEBEL OBJECTIONS NO.98 IN Oracle information witness and from discovery protected statement and/or afforded discovery other all intend privileges such protected reserves 10 are an appropriate to Oracle Oracle 13 to 14 that 15 of 1dentif 16 information 17 such individuals require to cannot be identified for current they or it obligate 21 the Federal 22 Oracle shall respond Oracle to respond Rules in that that grounds Oracle January extent that parties have 2002 it objects objects reached burden regarding amend is to search the rules as required Responses at 26e to the extent Oracle further objects the extent that it purports address or business Defendants that or to the Definition intend affiliation to contact counsel Nos of and or this is Court rules and inconsistent or that it and in the to purports with the requirements any other applicable of construction manner laws by law required in Instruction No No stated of is on overbroad time period of response to the extent as set by Instruction overbroad and different unduly burdensome from or additional production of information before which 2004 to the and to the the agreement after the filing 07-C V-01658 PLAINTIFFS Oracle possession custody or control its only to the extent to the or obligation these Oracle to provide Instruction to the search reasonable of Identif not within To These DEFINITIONS any manner that exceeds through the date imposes trial TO INSTRUCTIONS they are unduly burdensome 25 will do so through Oracles to the Interrogatories Oracle the objects of Civil Procedure 23 28 to attempt Oracle 20 27 TO former employees may for Oracle does not ongoing is following of Civil Procedure to require purports to date the Definition OBJECTIONS 19 26 Rule reasonable following to the extent to information provide exemptions from or in preparation litigation of the case facts and Responses objects 18 24 these OBJECTIONS 12 of immunities under the law or into the investigation to Federal 11 and of disclosure work product interest the privileges privileges protections seeks it information supplement time pursuant common by the attorney-client made based on Oracles knowledge the right the extent to Interrogatory prepared in anticipation Oracles Responses each communications party materials to applicable to disclose to objects SUPPLEMENTAL RESPONSES AND OBJECTIONS TO INTERROGATORY DEFENDANTS FIFTH SET OF INTERROGATOIUES SIEBEL of the PJJ-1 NO.98 EDL IN Oracles Accordingly litigation March 22 2007 unless the discovery be for the time period will responses covered is by the Expanded 2004 January to Discovery Timeline Agreement Oracle objects that the relevant frame for Siebel time from starts January 2006 RESPONSES AND OIJECTIONS TO IISITERROGATORY DEFENDANTS NO.98 IN FIFTH SET OF INTERROGATORIES NO 98 INTERROGATORY the Identify Regional Managers 10 Defendant 11 Production 12 RESPONSE TO INTERROGATORY 13 TomorrowNow and 14 objects 15 that they 16 this 17 control to of Oracle require 19 by the Federal 21 22 extent to it immunity including Oracle also objects 24 and 25 of admissible seeks 26 Oracle 27 already to to Subject that is neither this and/or that and abstract protected search Oracle on the grounds to that nor reasonably it to the extent that it to this overbroad information protection or protection unduly burdensome records purports that to require Oracle has produce without waiver of the foregoing General and Specific objections Oracle 07-C PLAINTIFFS to the Interrogatory to lead to the discovery the Interrogatory business to purports information required work product calculated to objects possession custody or by any privilege and is further historical also objects privilege summary from the for responsive from discovery on the grounds responsible the extent to with respect attorney-client or for by reference Oracle here Oracle in not is Interrogatory Siebel relevant in 31 2008 and October Oracle incorporates in particular Oracle further objects or will and which the reasonable beyond Interrogatory compilation to to listed 98 for information of information this evidence produced calls but not limited to information create it customer of Requests Sets 2002 January each for First its overbroad and unduly burdensome J.D Edwards disclosure to terms Regional Managers of Civil Procedure PeopleSofi 23 28 anything Rules seeks NO Oracle further objects Oracle to do between Plaintiffs General Objections to the extent Interrogatory related its vague ambiguous 18 20 to use of the undefmed the are to Support Sales Inc.s Supplemental Exhibit Interrogatories In addition for responsible SUPPLEMENTAL RESPONSES AND OBJECTIONS TO INTERROGATORY DEFENDANTS FIFTH SET OF LNTERROGATORIES SIEBEL V.01 658 PJH NO.98 EDL IN responds as follows were connected managers the relevant time period Oracle could not locate the extent that it could with either or that has 11 or sales representative 12 managers 13 are identified 14 risk reports 15 cancellation 16 ORCL00267953 17 e.g.ORCLOO to attempted 3d and to undue name below information identify documents information numerous in Oracle refers not be located Oracles related to the customers on bookings ORCL0001 see 6776 to those identify In addition reports see lists e.g ORCLOO 184144 Therefore documents in pursuant Oracles or where had been search Oracle sales support the identified names manager of the sales customer list including for example at- e.g ORCLOO 131330 revenue support been TomorrowNows Oracles production throughout have reasonable that customer ORCLOO 131416 Defendants production during Oracle has to no sales representative following sales sales representatives representatives to the territory spreadsheets and sales customer with the customer name of any the related documents see 149099 Such by Defendants to the assigned associated Further to the extent see e.g ORCL00274684 reports been burden included could understanding of which its customers identified manager customer that sales representatives in sales below lists no sales manager had name of the to their 10 18 Where related identify next assigned with the TomorrowNow could do so without it search Oracle reasonable Following to see and renewal Fed letters Civ Proc see Rule production 19 20 Name Customer 21 22 Star Name If Discrepancy Any Alternate Customer Name Quality Sales Five Star Quality Care Inc 23 24 ______________________ AO Smith Smith Corporation Chris Name Manager Madsen Nancy Deena Schebe Marchese Robert Lachs Jordan Rowe-McCune __________________ ______________________ ________________ _____________________ ___________________ Abbott Abbott James Laboratories Limited 25 26 27 Laboratories Canada Blackford John Humphrys Limited 28 07-CV-01658 PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES AND OBJECTIONS TO INTERROGATORY FIFTH SET OF INTERROGATORIES SIEBEL Pill NO.98 EDL IN Inc Consolidated James Inc Abitibi-Consolidated AhIbI ____________________ _________________________ John Blackiord Humphrys _______________________ ANSI ConsolIdat Canada AC of See e.g. oRcL00000099 Alameda Transit Contra Costa Chris Madsen Transit Masmy Sooth _________________________ James Ltd Academy Ott. Blackford ___________ UP Me ___________________________ _______________________ _____________________ Kersten Ace Pathing Parking Knickerbocker Man anement 10 Inc ACM Food 12 13 ACH Camoanles Inc AGN By Europe Food ACN Robert Companies BV Europe Lachs Gordon Stephen Anderson Hans Trencart 14 ___________________ ____________________ Kuijpers _________________________ American 15 Robert LachsAian CamrnunicaUons 16 _________________ 17 ACO Network Romano Inc PRODLJITS Alisa POLYMERES S.A _____________ Horsnail AGO Prodolts Potvmsres 18 __________________ ______________ Rachel Amalia lonescu Daniele Sterescu _________________ Trencart James McLeod Company Acushnet 19 Mary Daniele Robert Lachs 20 _________________ A4v.ce ffl 22 __________________ Auto __________________ AFLAC ____________________ ______________________ Advance Stores Company Robert Incorporated ____________________ Mac ____________________ Vuka American Family 23 Ishikawa Hidehiko Life of Takamatsu Columbus 24 Jennifer Romano Muihem Robert Assurance Company Lachs Laths Rachel Rachel Romano 25 AaFlrst 26 Credit Farm AgFirst Farm Credit Bank Bank _________________ Robert ______________________ ___________________ Rachel Lachs Romano Deene Marchese 28 07-CV-01658PJHEDL1 PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH AND OBJECTIONS TO INTERROGATORY SET OF INTERROGATORIES SIEBEL NO QS IN See Hum. e.g. ORCL000117YO Services CommIssion Marie Dimnond Shoot Henry Lee Blackford Inc Production Herbert Waldmann Herbert WsISnann GrnbH Gordon Stephen Co Mary Robert Anderson tjchttschnik Ciobotea Amelia GmH Sterescu Valley VALLEY System Health James McLeod SYSTEM Heritaoe 10 Ann Miloradovitch James Production Henry Laths Robert Diamonds Helzberg ja4zbero HEALTH Lachs Robert Rachel Romano ii 13 14 H4hi Robert Lachs Storage James Blackford Inc Collier Jordan HIGH INDUSTRIES industries High Global Hitachi Storage Global Technologies INC McCune Technojocy 15 16 _____________ ____________ Casino Holland ________________ Holland ______________ Home Dave __________________ ______________________ Home Deoot Depot _______________ Daniele Casino USA Trencart Hans Kuijpers Robert Lachs Incorporated l8 19 INTERNATIONAL Inc _n._flflflat _________________ INC ___________ ________________ _______ 20 Host 21 _____________________ James Mcl.eod Debra HONEYWELL _ll Communications Communications Hubbard Con.fructlon 24 Robert Laths Company 22 -- Kersten Knickerbocker Inc Hubbard Hutchins Ctany _________________ Huntsville 25 of 26 __________________ City Construction ______________________ City Of Huntsville HunSvIIle __________________ Ho.St ______________________ James McLeod _____________________ James McLeod Malone Gauthier Lars Mcculloch System 27 28 18 PLAINTIFFS SUPPLEMENTAL DFFENDANfS RESPONSES FIFTH SET ucV-oIosg AND OBJECTIONS TO INTERROGATORY OF INTERROGATORIES SIEBEL PJH NO.98 EDLI IN Dan chup Chandler Diane Howell- WatkinsJordan Rowe-MeCune ____ Smart Betty Centers SC -- Simpson _______ Kent Stephen Standard John _______ -Iurnphrys Edwards Jeinie Register Company ________ -_____ Laboratofles _______-- iApostos Edwards Jennie DATED September18 Bemazzanr Chrissy Inc 2009 12 IIINGIIAM 13 NkC lUMEN LU By__2c4 Alinder Zachary 16 lbr Plaintiffs Attorneys Oracle 17 Corporation LSA Inc. Oracle vsteiiis 18 International Oracle EMEA Limited and Siehel Inc 20 21 23 24 25 26 27 28 37 PLAINTIFFS SUPPLEMENTAl DFEENDANTS RESPtNSFS FIFTHSFt AND OBEC11CNS TO I%ERRUGA OF lNTFRRCkiA 1Uk1iS.SwBht IflV-EUiM FURY MI IN am over San County Francisco 94111-4067 am thai with familiar the in Embarcadero 2009 served San employed in California Francisco and for collection FedEx day and action office this business of this Center of delivery/next course in party the practice ordinary On September not age Three at for maillthxlhand same day of years California readily of correspondence deposited thghteen processing and delivery they are business the attached RESPONSES AND SUPPLEMENTAL NO 98 IN OMECTIONS TO INTERROGATORY DEFENDANTS FiFTH SET OF INTERROGATOWES PLAINTIFFS SLEBEL BY FAX 10 numbers II BY MALL United 12 below forth Mail at San as Se addressed practice for collection United 14 States Postal EXPRESS 16 of 17 with 18 documents persons to be al the persons the listed at of the in sealed below is am of to fax the with and with the with the United in processing postage firms law this for mailing deposited in the with envelopes correspondence is be placed to familiar readily for collection left above copy California correct above listed 500 p.m Correspondence it hand above DELIVERY States the ordinary addresses set by transmitting at the email forth via correct envelopes sealed in and in sealed correct copy envelopes below true by causing delivered forth set and true by causing by FedEx be delivered to addresses the SERVICE VLA EMAIL to documents the before processing Service fees prepaid 19 20 and MATL/OVERNIGITIT PERSONAL all forth same day documents the date business of course the facsimile this Francisco and Postal Service on true by causing States prepaid 13 via by transmitting set copy with of all the fees above hilly paid to the below email documents the addresses set forth listed above on this date below 21 22 Robert 23 Elaine Jones 24 555 26th Tharan Gregory Jane Esq Froyd Esq Wallace Esq Jones Day Caltforma Street 1755 San Francisco 415 CA Alto 650 CA Road 94303 739-3939 626.3939 tglanierJonesDay.com 26 ramittetstaedt@lonesflay.com 27 Esq Day Tel 94104 Lather Embarcadero Palo Floor Tel 25 Esq Mittelstaedt McfloneH Jason jfroydJonesDay.com jmcdonellJoriesDay.com ewallaceonesDay.coni 28 38 PLAINTIFFS SUPPLEMENTAL DEFENDANTs 07-CV-OI6fl RESrONSES AND OBJECTIONS TO INTERROGATORY FIFTH SET OF INTERROGATORIES SIEBEL Pill NO.98 EOLj IN Ideclare whose 2009 direction at San that the service Francisco am employed was made and in that the office this declaration member of the was executed barofthis couti on September ai 18 California 39 PLAINTIFFS of SUPPLEMENTAL DEFENDANTS RESPONSES FifTH SET 07-CV-016SS AND OBJECTIONS TO IWrEnOGATORY OF TNTROGATORLES SIEBEL NO PTh E4 98 TN RICHARD CUMMINS September 16 2008 ATTORNEYS EYES HIGHLY CONFIDENTIAL INFORMATION ONLY Page STATES UNITED DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION 000-ORACLE Delaware CORPORATION ORACLE USA INC Corporation Colorado and Corporation ORACLE INTERNATIONAL CORPORATION California Corporation Plaintiffs No Vs SAP SAP EDL 07-CV-0l658-PJH AG German Corporation Delaware ANERICA INC CORPORATION TOMORROWNOW INC Texas and DOES Corporation 150 Inclusive Ii Defendants ________________/ VIDEOTAPED RULE ORACLE CONFIDENTIAL Reported Job 412495 By 16 September ARLEN Merrill Legal 800 2008 255 Pages ATTORNEYS INFORMATION WENDY OF CUMMINS RICHARD Volume HIGHLY DEPOSITION CORPORATION Designee Tuesday 30b CSR 4355 CRR EYES ONLY RMR Solutions 8699132 e6a0856a-Oee4-4b35-albf-ca2Oaf8a26bc HIGHLY September 16 2008 RICHARD CtJMbiINS ATTORNEYS EYES INFORMATION CONFIDENTIAL ONLY Page 82 continuously Yes And time other have direct your that Burr Chris than in changed reports Yes Rave there lot been of few or changes Afew Can 1U09 you When came you 13 when 15 And over he the beginning Mt was was right Andy before moved the recall Mr But Arid his of sales in name Allbritten had responsibility Yes 22 head sales renewal support to report to Okay for did dont 21 23 1110 it reported Peoplesoft 19 20 boss well moved who Andy IIiQ at over 16 18 2005 your Oracle Kevin was It Allbritten 1109 to had this all start just been theyve in reports Lets Okay 11 12 direct FeopleSoft what us remember to have 110 tell time At 25 the At 24 Rob Lacha who time the and were of time Jamie the of reports at that acquisition the acquisition James Mcbeod Blackford Merrill Legal 800 direct your Solutions 8699132 oeaOBSea.ee.44b35-albf-c.ZOfaa2ebc HIGHLY september 16 2008 RICHARD CUNNINS ATTORNEYS EYES INFORMATION CONFIDENTIAL ONLY Page those Were 83 managers regional Yes then And 1110 did how the change organization that after Janie and left replaced RoweMcCUfle Jordan Jamie When that was other What 1110 2006 in Soxnetixne Miloradovitch 10 LeeAnn 11 Did she replace No she was 12 the long regional in involved operations on report to you year fourth was that direct report you had Yes time for 20 person to whom you At reported what in point change Was cime that did the June of 35 23 111 other the then 19 22 she roughly So 21 of me to reporting began one more did How For L111 recall side Peoplesoft 15 19 you managers 13 14 do changes Yes 24 And 25 Yes then Merrill it Legal 800 became Mr Madsen Solutions 8699132 eOaOSSGa-O.e4-4b35-al bf-ca2OafBa2Sbc RICHARD 16 September CUbdMINS 2008 CONFIDENTIAL MR break for McDOHELL the See day Im Counsel you then Thank week next to you going sir This VIDEOGRPHER 1701 videotape number Cuminins four Going off in the marks end deposiLion the the of record the time of Richard is 502 oQothe Whereupon 502 15 at --o0o-- declare 12 14 adjourned p.m 10 13 was deposition the foregoing under is and correct LTue _____ .C1ifornia penalty of perjury Subscribed this day that at of 2008 19 Signature of Witness 20 21 22 23 24 25 253 Merrill Legal 800 Solutions 8699132 Errata Sheet Deposition Page 41 Rick of Line Cummins September 16 2008 Reason Change 1-22 Change Juans responsibility is manager to Juan is responsible service Clarification delivery for service delivery managers Change 14 No havent havent 124 talked to talked hundreds to customers to No Clarification of customers about TomorrowNow 151 174 Change less to more Change welcome 23 to 176 Change Hutton to 207 Change McGee Change were new 22 245 Subject 14 to the Change above changes Signre/ A172687826 IP to Ierty Correction Correction Murquia Correction renew Correction to Change or doesnt 232 Oracle Hunt to 219 Correction to does or doesnt Correction IT that Correction the transcript is true and correct _____ ate certify that Reporter hereby foregoing deposition the whole said by and therein witness said 11 computer review of 14 requested 15 deponent 16 period before tell but that the reduced the and completion of reporter are either 19 deposition nor in 20 this that 21 parties any any way was that certify or of the by deposition was not made the by during the hereto appended further time typewriting the the allowed the at supervision changes to in testimony to any attorney for of the am not of counsel parties to the said of interested am not related in the event to any of thereto DATED Cckok WENDY ARN 2008 23 24 25 the in truth down person requested If and the taken iXi 18 22 and direction and provided cause to transcript the 17 sworn deposition was stated my That 13 the nothing thereafter was under 12 and in duly disinterested me shorthand 10 me by witness the cause That place was truth withinentitled Certified Shorthand ARLEN WENDY truth REPORTER OF CERTIFICATE CSR No 4355 the or RICHARD CUNMINS September 16 2008 ATTORNEYS EYES ONLY HIGHLY CONFIDENTIAL INFORMATION Page1 UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION -O0o-ORACLE Delaware CORPORATION Corporation ORACLE USA INC Colorado and Corporation ORACLE INTERNATIONAL CORPORATION California Corporation Plaintiffs No Vs SAP SAP 07CV0l658PJH EDL AG German Corporation Delaware AMERICA INC CORPORATION TOMORROWNOW INC Texas and DOES Corporation 150 Inclusive Defendants ________________/ VIDEOTAPED RULE ORACLE RICHARD CONFIDENTIAL Reported By Job 412495 ARLEN 16 2008 255 Pages ATTORNEYS INFORMATION WENDY OF CUMMINS September Volume HIGHLY DEPOSITION CORPORATION Designee Tuesday 30b CSR 4355 CRR EYES ONLY RNR Merrill Legal Solutions 800 8699132 e6a0856a-Oee4-4b35-albf-ca2Oaf8a26bc RICHARD HIGHLY CUMMINS September 16 2008 INFORMATION ATTORNEYS EYES CONFIDENTIAL ONLY 34 Page likely TomorrowNow either customers for ways is through license 0944 in get regional 0944 support does license from with relationship correct rep relate that reps and manager you Now nie through the to license do you report did so to up say rep did You 10 meant support 11 12 support 13 And 14 support 15 onto support back or so 17 thats 18 they reps report if the can 19 then be responsible 22 to returning is group that for to of with will any up make new back them something of what involved other through me bringing parameters get the back customer bring their to come structure there trying group you other that would license sales stuff already customers MS HOUSE 24 THE WITNESS II issues to manager to are reports 23 mentioned trying then there 21 regional to trying So apologize how outside do than 25 is there If of Is the to up customer theyre if out reps understands rep 20 0945 of Oracle loop the The 0945 to Correct Then how 0945 kind some or rep return to dont Merrill Objection believe Legal 800 Other vague than the so Solutions 8699132 eGaOB5Sa-Oee4-4b35--o bf.ca2oafan Bbc RICRARD CUMMINS 16 September 2008 CONFIDENTIAL MR break McDONELL the day for Im Counsel See then Thank week next you to you going sir This VIDEOGRI\PHER 170 videotape Cuminins Going four number off the of deposition record time the was deposition of Richard is 502 adjourned at --o0o-- declare 12 the foregoing under isyue and ____________ of penalty perjury Subscribed correct this 14 15 end p.m 10 t3 the the Whereupon 502 in the marks /.S14 day that at of 2008 19 Signature of Witness 20 21 22 23 24 25 253 Merrill Legal 800 Solutions 8699132 Errata Sheet Deposition Rick of 41 2008 Change Line Page Cummins September 16 1-22 Change Reason Juans manager to is responsibility Juan is responsible service Clarification delivery for service delivery managers Change 14 No havent havent 124 talked to talked hundreds to customers to No Clarification of customers about TomorrowNow 151 Change 174 less to more Change welcome 23 Change Hutton 176 to to Change 232 245 14 Subject // A72687826A to the above to or doesnt to Change 22 were new Change 219 McGee IP changes Sign4reJ to fo Oracle Correction Hunt Change 207 Correction Correction Murquia Correction renew Correction does or doesnt Correction IT Iperttfy that Correction the transcript is true and correct _____ te CERTIFICATE WENDY foregoing deposition whole said by and therein said witness 11 computer Ip U2 review 14 requested 15 deponent 16 period of the deposition was stated before allowed are tell truth further either attorney for 19 deposition nor in 20 this that 21 parties the to and and any any way the by deposition not was made changes the reporter the by during the hereto of the am not of counsel parties to the said of interesfed am not in related thereto the event to any of nc DATED 2008 24 WENDY of typewriting the of certify that or time supervision any to in the at 23 25 the in testimony was appended 18 22 reduced completion requested and provided cause to down person the transcript If 17 the the taken that arid direction my That 13 but nothing thereafter was under 12 arid in sworn duly disinterested me shorthand 10 me by witness the cause That place was truth withinentitled Certified Shorthand certify that hereby the REPORTER ARLEW Reporter truth OF AREN CSR No 4355 the or PAUL DUGGAN HIGHLY CONFIDENTIAL 2009 August ATTORNEYS EYES ONLY Page IN THE UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION --000-ORACLE CORPORATION Delaware corporation Colorado USA ORACLE INC and corporation INTERNATIONAL California ORACLE CORPORATION corporation Plaintiffs vs SAP AG SAP AMERICA 07-CV-1658 German PJH corporation INC Delaware TOMORROWNOW Texas corporation 1-50 inclusive corporation INC DOES and Defendants VIDEOTAPED DEPOSITION REPORTED BY ATTORNEYS CONFIDENTIAL SARAH LUCIA BRANN Merrill Legal 800 PAUL DUGGAN 2009 August HIGHLY OF CSR EYES ONLY 3887 421893 Solutions 8699132 f2f3l2ff-3d87-4268-a7b3-2b05efa96663 HIGHLY 2009 ATTORNEYS EYES PAUL DUGGAN CONFIDENTIAL August ONLY Page 094632 customers Siebel MR ALINDER 094633 194634 and Vague Objection ambiguous 094635 0946 21 THE WITNESS M1 DELMIJNTY Can restate you the question 36 094637 094641 type 04643 Siebel 094644 Is there other any with interaction representatives 094645 11 094649 13 has more customers than the support MR 12 094653 that 10 Dq4648 employee of 094656 15 094706 to regard you are most would this typically the in speaking be with contact customers those MR turn managed 09412 18 094714 t9 091715 20 091716 21 094724 22 094725 23 094729 24 indicate 25 hay Do If have would that for ambiguous renewals support person 16 094709 WITNESS THE Calls Objection and Vague spcu1ation the 094704 LINDER sales they And DELAHUNTY what by have refer you formal more to title MR ALINDER WITNESS To as are they in managers just than Objection THE then manager Vague as to of knowledge time they were 31st that 2007 DELABUNTY in the there Merrill Legal 800 best my managers regional MR the And time period were two your June regional notes 1st 2006 to nanagers1 Solutions 8699132 12131 2f14d87-4268-a7b3-2b05efa96663 HIGHLY PAUL DUGGAN CONFIDENTIAL 2009 August ATTORNEYS ONLY EYES Page 094736 Mlicja and Rago 094737 Is 094746 Yes 094749 Can correct that Is Yes 094739 Edwards Jennie 22 that accurate describe you 094751 responsibilities 094152 how that across their period time job sales representatives 094757 The 094800 the differ sales support 094806 10 basis 094810 11 representatives 094814 12 sort 094816 13 094820 14 094823 15 094827 16 position 094831 17 when 094833 18 094831 19 094841 20 094843 21 managers 094850 22 will 094851 094855 support manage daytoday from sessions forecasts would managers representatives coaching doing of sales support the from the reviewing and those performance things What are you when to referring you Say forecasts you Imow This you So have in sales is who is The representatives responsible deals same the for sales any what forecast to support as will close way those creating forecasts to then build that communicate in 24 review that 25 eventually forecast those case And forecast with this myself it would Merrill Legal 800 will make at Those forecasts that Rick it work to with managers roll time Cununins Chris their up to would and Madsen Solutions 8699132 12131 Zff-3d87-4268.a7b3-2b05e1a96663 PAUL DUGGAN HIGHLY 113457 2TTORBYS CONPIDENTI1L the Whereupon 113457 2009 August concluded at EYES ONLY was deposition a.m 1124 oOo 113457 113457 declare 113457 foregoing 113457 5/-tJ of is true under and penalty correct pcpC.tO of perjury Subscribed California kUuS1 the at this day 2009 _____ Paul Duggan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 Merrill Legal 800 Solutions 8699132 Merrill Legal Solutions YOUR INSTRUCTIONS FOR READING/CORRECTiNG To assist you follow please them in and attach Please read make insert and the making the line changes number below and/or and then reference do not make any changes Please do NOT change designated Main Street 4th you your deposition testimony any errors or changes sheet by you wish change furnish sheet on the errata corrections line please and sign return the the last Errata CA 94105 FlOor San Frndsco ERRATA Page errata find the br and to pages are necessary please to on the face you wish listing the to page make of the transcript any of the questions your review Signature of the corrections Please After completing If careftilly corrections additional If pages to the back your transcript the br changes and the directions DEPOSITION or fax sheet above of the errata page sheets to Merrill them to Legal 415 Solutions the at 135 357.4301 SHEET Line Change imc Reason -- F1 Change 1EL Reason 5u iJ% Reason if FO fETS -r-tPc Change IN 3ZIKJC S4 Gia Page Une Change 12LtS Reason rLt Reason Sk T1 Change R4 .-rt Pc A-1 Ft .S Change_____________________________________ Reason_______________________________________ Change_______________________________________ Reason_______________________________________ Change_______________________________________ Reason_________________________________________ Change Reason_________________________________________ Change_______________________________________ Reason_________________________________________ to the ________ Subject _______ No changes i1 signature above have changes certify that the transcript is true and correct made certify that the transcript is true and been _ date correct CERTIFICATE LUCIA BRANN SARAH Reporter foregoing deposition that hereby certify the truth whole withinentitled place therein 10 witness 11 computer was said the in sworn but nothing and before review 14 If 15 provided to 16 appended that the to tell the taken the in the time and truth down to and the testimony of typewriting the said by supervision of completion in at person the reduced direction my 13 was disinterested thereafter That of and witness duly deposition stated under 12 the by me truth me by was Certified Shorthand cause That shorthand REPORTER OF the deposition hereto. requested transcript any the changes reporter further 17 attorney 19 deposition nor in 20 this and that 21 parties for cause made either or any by during certify 18 was EXJ that the the am any of way- interested am not the was reques.ted and deponent allowed period not parties related not of counsel to the are or said in the event to any of of the thereto ZOOci DATED 24 25 SARAH LUCIA BRANN CSR No 3887 PAUL DUGGAN HIGHLY CONFIDENTIAL 2009 August ATTORNEYS EYES ONLY Page THE IN UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION --000ORACLE CORPORATION Delaware corporation INC USA ORACLE Colorado and ORACLE INTERNATIONAL CORPORATION California corporation corporation Plaintiffs vs SAP AG German SAP AMERICA corporation INC DOES 07-CV-1658 PJH corporation INC Delaware TOMORROWNOW Texas corporation 1-50 inclusive and Defendants VIDEOTAPED DEPOSITION REPORTED BY ATTORNEYS CONFIDENTIAL SARAH LUCIA BRANN Merrill Legal 800 PAUL DUGGAN 2009 August HIGHLY OF CSR EYES 3887 ONLY 421893 Solutions 8699132 f2f312ff-3d87-4268.a7b3-2b05efa96663 PAUL HIGHLY DUGGAN 2009 August ATTORNEYS CONFIDENTIAL ONLY EYES 23 Page r94905 Can 09490 one creating describe you MR kLINDER Objection 094915 THE WITNESS Can 094916 MR DELMIUNTY 024907 094913 in methodology forecasts those of the and Vague ambiguous 094920 and 094925 these service support forecasts 094929 The 094934 Jo forecasting 09493e IL percentage 094945 12 use 091947 13 typically to 0150 the 095003 those in date OKS the our and which conversations numbers in our standard How do those 095006 17 responsible 0950O9 18 forecasts 095012 19 20 095019 21 some cases 05021 22 with that from quotation terms the based we system there the on of are reps roflup and of reporting sale 095014 is between directors 16 of one the in And renewals the 095004 managers track Likelihood and managers the create will system support verbal do to refer you representatives close track How representatives that that clarify you 095025 095031 24 25 for determine The to those the manager customer to and getting Is record 800 or sales of be in the tracking purchase of the closing representative would created are creating likelihood communications eventually Merrill Legal forecasts the support who individuals constant sales with and in contact cycle the customer order those Solutions 8699132 12f31 2ff-3d1142681b3.2bO5ofagGO2 HIGHLY 113457 PAUL DUGGAN CONFIDENTIAL 2009 August ATTORNEYS EYES Whereupon 113457 concluded 113457 the at was deposition 1124 ONLY a.xn o0o-- 113457 declare 113457 foregoing SAP 113457 11 of is true under and Fi24VJCt.CO Auusi penalty correct of perjury Subscribed California the at this day 2009 ____ Paul Duggan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 Merrill Legal Solutions 800 8699132 Merrill Legal Solutions FOR READING/CORRECTiNG INSTRUCTIONS To assist please them read make insert the making changes the directions and attach Please and in you follow the br and below pages to the back line the changes number and/or reference Please do not make any changes Please do NOT After completing change you corrections and then the br and to your deposition Main Street 4th ftmish find any errors or changes you wish to on the errata sheet by listing the page change you wish corrections to on the face make of the transcript any of the questions your review please sign the last page of the errata line and return the Errata sheets to Merrill FlOor testimony sheet Signature designated DEPOSITION pages are necessary please of the errata If your transcript carefully corrections additional If YOUR sheel Legal San CA 94105 Frandsco or fax them to 415 above Solutions the at 135 357.4301 ERRATA SHEET Page Line 25 -- 7t-.riz Change Reason J.J12 __ -c- Change Reason 111a Sr t.cci Change Reason lThc i1 fE- -r -E Page Line Change z2ts tt Reason .fSf Change Reason A-r- pa Ci 1Th R4 A-i- Po Change_____________________________________ Reason_______________________________________ Change_____________________________________ Reason_____________________________________ Change_____________________________________ Reason_______________________________________ Change Reason_____________________________________ Change_________________________________ Reason_____________________________________ to the above changes certify that the transcript is true and correct made certify that the transcript is true and correct _______ Subject _______ No changes have been 11111 signature 11 date CERTIFICATE OF LUCIA BRANN SARAH certify that Reporter hereby foregoing deposition the truth whole REPORTER was truth Certified the witness in the sworn to tell by me and Shorthand duly but nothing the the truth in the time and within-entitled cause That shorthand me by therein place 10 witness 11 computer was said 12 and thereafter 13 review the 14 If 15 provided to 16 appended that taken down to and the testimony of typewriting the said by supervision the of completion in at person the reduced direction my before That of disinterested stated under was deposition deposition hereto requested 17 transcript any the changes reporter further 18 attorney 19 deposition 20 this 21 parties or nor in any and that cause made by during certify for either was tX.J any that of was the the am not requested and deponent period allowed not the parties of counsel to the in the event am to any of related or said way interested not are of the thereto DATED _______ 24 25 SARAH LUCIA BRANN CSR No 3887

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