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 22 Foundation for A-0059 Merck Defendants 0RCL000343 Oracle ORCLOO3 18663 sales regional Plaintiffs Manager Oracle Objs Barbara to Sharpe-Moore support renewal/sales as No Sharpe-Moore Barbara identifying Sales 98 support Tr 345-22 representatives Barbara as Sales Support Interrogatory Foundational Support identifying document Strategic Cummins Sept 16 2008 Depo that Support production Oracle manager Resp identifying organizational chart 17 Oracle Senior Regional Merck A-0059 Trial Exhibit in sales 24-25 report to located at Sharpe-Moore ORCLOO3 Defs 5th Set of manager Rule for as 18663 Interrogatories Merck 30b6 testimony regional managers and indicating associated job responsibilities Duggan Aug responsibilities Duggan support SVI-108747v1 Aug sales 2009 Depo Tr 2123-2225 Rule of supports 2009 sales Depo Tr representatives representatives 2316-24 Rule with 30b6 testimony describing the job and managers 30b6 testimony regard to communications identifying with Oracle duties customers of Organition Chart http//people.us.oracle.comfpIs/oncIC/fip8000362244O366 OI%CLE Ma People 18912. Search Jason Sr Director TaAor Support Dects Barbara Snr Regional Sales Total Strategic 43 Sharo-Moore Manager Support Sales Directs Total .Chils Services Todd Inside Usa Highly Confidential Rp Andrea Services Representative RObert Graritti Sivicos Renewal Orlando Sales Serves sIun Dusek Renewal Rep Ma.lln Renewal Donella Patttrsori Renewal Sercas Rep Servioes Rep Poie Renewal Rep Supancic Renewa Rep lnforniaflon Attcrneys Eyes Only 0RCL00034317 Prom Barbara Sent October12 Wednesday OSSINEO_US_APPR To Sharp-Moore Subject Fed Ex Attachments Fed Ex Pricing frd details Ex 2005 524 PM pricing details for 2005 4213695.xIs Pidng fbr 200.. for barbara disauss.ion SharpMoore Sales Manaqer RegLcnai Oracle Strategic Support 7033640108 Phone Sales Fax 1033647057 Confidential lnformatbn ORCLOO31 8663 BINGHAM McCUTCHEN LLP PICKETT SBN 72257 GEOFFREY HOWARD SBN 157468 DONN HOLLY HOUSE SBN 136045 ZACHARY ALINDER SBN 209009 BREE Three HANN SBN Embarcadero 215695 Center CA 94111-4067 415 393-2000 415 393-2286 San Francisco Telephone Facsimile donn.pickett@bingham.com geoff.howard@bingham.com holly.house@bingham.com zachary.alinder@bingham.com bree.hannbingham.com DORIAN DALEY JENNIFER GLOSS 10 500 Oracle Parkway Redwood 11 12 SBN 129049 SBN 154227 M/S 5op7 CA 94070 650 506-4846 650 506-7114 City Telephone Facsimile dorian.daley@oracIe.com jennifer.g1oss@orac1e.com 13 14 Attorneys for Oracle USA Oracle EMEA Plaintiffs Inc Oracle Limited International and Siebel 15 16 Corporation Inc Systems UNITED 17 STATES DISTRICT NORTHERN 18 DISTRICT OAKLAND COURT OF CALIFORNIA DIVISION 19 20 ORACLE USA INC eta 21 CASE SAP 07-CV-0 1658 Pifi EDL SUPPLEMENTAL RESPONSES AND OBJECTIONS INTERROGATORY NO.98 IN DEFENDANTS FIFTH SET OF INTERROGATORIES SIEBEL PLAINTIFFS Plaintiffs 22 23 NO AG eta Defendants TO 24 25 26 27 _____________________________ CONTAINS HIG11LY CONFIDENTIAL INFORMATION DESIGNATED PURSUANT TO PROTECTIVE ORDER 28 07-C V-01658 PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH AND OBJECTIONS TO INTERROGATORY SET OF INTERROGATORIES SIEBEL Pill NO.98 EDL IN PARTY PROPOUNDING Defendants RESPONDING PARTY SET Plaintiffs NO Five Pursuant to Federal Oracle International Oracle their of Interrogatories Set 11 2009 between of Civil Procedure Oracle Corporation supplement Rule Oracles to The 12 these 13 and Siebel USA Inc Systems No Interrogatory software Oracle Plaintiffs Inc collectively 98 of Defendants Fifth product line pursuant each June to the specific the parties 10 Response to Siebel GENERAL 11 Limited and objections response with respect EMEA 33 OBJECTIONS General Objections following are incorporated into of such objections below as if General Objections 14 15 admissibility 17 or trial in 20 Federal this it to in respond to the extent that is and to or to the the be without shall and Responses all or of any part waiver or relinquishment constitute competence 25 the Interrogatories 26 required the Interrogatories in that based by the Federal is the manner to each to and prejudice relevance materiality their subject to the inconsistent required laws matter at or any hearing only on information extent they purport Interrogatory with the requirements Oracle shall to the extent or control that its own respond obligate of the to the possession Defendants including of any partys customers in to by the Rules possession custody in the possession Rules is or any other applicable Oracles not within limitation information 27 not any Interrogatory may have Oracle objects information to any manner that exceeds Rules of Civil Procedure Interrogatories shall failure to repeat action 22 24 that Oracle objects Oracle 23 answers Any Response Response of any of the Interrogatories 18 19 each specific preserve any objections 16 21 in Oracles shall in fully repeated Oracle seek without will respond custody or control as of Civil Procedure Oracle objects to these Interrogatories to the extent they are compound 28 07-CV-OI65SPJHEDL PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH AND TO INTERROGATORY SET OF INTERROGATORJES SIEBEL OBJECTIONS NO.98 IN to Oracle objects information witness afforded discovery and communications party to materials other applicable all intend andlor privileges such protected to disclose Oracles Responses the reserves 10 are to an appropriate time 12 to require Oracle to 15 of Identify cannot to 16 information 17 product exemptions from or in preparation litigation law the Rule of the case facts to date and Responses Federal is for trial Oracle does not will amend These ongoing search reasonable following these Oracle as required Responses at 26e of Civil Procedure for current they it or to that search former employees may not within is to attempt Oracle to require purports of Identify to the extent the Definition reasonable following the extent such individuals do so To Oracle further objects provide address to the extent that it purports custody or control possession its that to the Definition or business Defendants or intend affiliation to contact through Oracles counsel OBJECTIONS TO iNSTRUCTIONS 18 19 Oracle objects 20 obligate 21 the Federal Oracle Oracle to respond in shall respond grounds that they are 25 January 27 extent parties that have 2002 it through the date imposes reached the rules burden regarding of only to the unduly burdensome Oracle objects 26 Instruction to the Interrogatories Oracle objects the to Nos any manner that exceeds Rules of Civil Procedure 23 28 knowledge information provide be identified that 24 these Oracle objects 14 22 work and of disclosure OBJECTIONS TO DEFINITIONS 11 13 of seeks interest the privileges immunities under into the investigation to it information supplement pursuant or protections made based on Oracles right common privileges prepared in anticipation the extent to from discovery by the attorney-client protected statement each Interrogatory to to the to or and is Court this the extent to the extent inconsistent and any other production and in the manner in Instruction No No stated SUPPLEMENTAL of by law required is on overbroad time period set by Instruction different from or additional of information before 2004 which burdensome to the and after to the agreement the filing 07-C V-01658 PLAINTIFFS to purports laws applicable of response as overbroad and unduly or obligation it with the requirements or rules of construction that RESPONSES AND OBJECTIONS TO INTERROGATORY DEFENDANTS FIFTH SET OF INTERROGATORJES SIEBEL NO the of the PJH FDL 98 IN Accordmgly Oracles litigation March 22 2007 unless the discovery is be for the time period January will responses covered 2004 to Timeline by the Expanded Discovery Agreement Oracle objects that the relevant time frame for Siebel from January starts 12006 RESPONSES AND OBJECTIONS TO INTERROGATORY NO.98 IN DEFENDANTS FIFTH SET OF INTERROGATORIES NO INTERROGATORY the Identify 98 Regional Managers 10 Defendant 11 Production and Interrogatories 12 RESPONSE TO INTERROGATORY 13 In addition 14 objects 15 that they 16 this Interrogatory 17 control 18 19 20 to are Supplemental Exhibit to NO General Objections undefined to the extent of Oracle Oracle to to Oracle it further do anything 22 immunity 23 Oracle also objects 24 and 25 of admissible seeks seeks which its to objects beyond but not limited to information this that evidence 26 Oracle to create 27 already and Oracle incorporates and Managers is or will to neither that search particular Siebel abstract or for 31 2008 October from on the grounds that for responsive it that it information to historical to and work is the extent summary from this to required information to the Interrogatory product overbroad protection or protection unduly burdensome to lead to the discovery the Interrogatory business to or purports discovery by any privilege privilege Oracle by reference possession custody to the extent nor reasonably calculated to here records to require purports that Oracle has produce and without waiver of the foregoing General and Specific objections 07-CV-01658 PLAINTIFFS in listed Oracle further objects Oracle also objects on the grounds Oracle further objects of Requests responsible not in the with respect to attorney-client relevant is Interrogatory the reasonable Interrogatory compilation produced this in each customer First Sets 2002 January for information calls of information protected disclosure including Subject to for 98 terms Regional PeopleSoft J.D Edwards and/or extent it between Plaintiffs by the Federal Rules of Civil Procedure related Support Sales vague ambiguous overbroad and unduly burdensome 21 28 its to the use of the require Inc.s TomorrowNow for responsible SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH AND TO INTERROGATORY SET OF JNTERROGATORJES SIEBEL OBJECTIONS Oracle PJH NO.98 EDL IN responds as follows reasonable search Oracle Following managers were connected the relevant time with the TomorrowNow Where no period sales Oracle could not locate the name of the extent that it it could with next to assigned related identify either or their has attempted ii or sales representative 12 managers 13 are identified 14 risk reports 15 cancellation 16 0RCL00267953 17 e.g ORCLOO 149099 18 3d to identify and sales representatives in numerous see in see and to with the customer name of any the Oracles production that have been customer related to the customers on TomorrowNow bookings reports see ORCL000 16776 to those support see in lists 84144 Oracles manager of the sales customer list including for example see at- e.g and renewal Therefore pursuant to Fed documents been e.g ORCLOO 131330 revenue ORCLOO1 e.g had addition the names Oracles production throughout where identified sales support the spreadsheets In or search Oracle reasonable identify during Oracle has to no sales representative following sales sales representatives sales representatives the extent e.g ORCLOO 131416 Oracle refers Defendants associated to documents territory by Defendants related e.g 0RCL00274684 reports understanding of which assigned to the customer could not be located documents information Such Further its been included customer name below information that 10 to that had manager undue burden do so without could below customers identified manager sales lists letters see Civ Proc Rule production 19 20 Name Customer Name 21 22 If Discrepancy Any Star Quality Star Care Chris Madsen Smith 25 Marchese AO __________________ Nancy Deena Schebe ______________________ ________________ Smith Corporation _____________________ ______________________ Abbott Abbott Laboratories 27 Quality Name Manager Sales Inc 23 26 Customer Name Five Care 24 Alternate Limited Laboratories Canada Robert Lachs Jordan Rowe-McCune ____________________ James Blackford John Humphrys Limited 28 07-C V-01658 PLAINTIFFS SUPPLEMENTAL RESPONSES AND OBJECTIONS TO INTERROGATORY DEFENDANTS FIFTH SET OF INTERROGATORJES SIEBEL PJH NO.98 EDL IN _________________________________ _____________________________________________ _____________________________________ _________________________________________ Manugistics Robed Group Rciwe-MoCune Inc Jordan Lachs Markel Robert Corporation Knickerbocker ____________________ _________________________ McLennan ________________ ____________________ State of Texas Stefnescu camelia Madsen Chris County ___________________ James McLeod Lars Department of MeCulioch Information Resources Gauthier Texas of Health Lars and Dept Human Kersten Lachs Marjorie Szafran Eric Moculloch Services Commision 10 Medicine James Hat Blackford City of Ii Merck 12 Madsen Chris Company McLeod Inc James Robert Lachs Barbara Kersten 13 Sharp-Moore Knickerbocker James Jim Steder 14 15 Backford United Metex Capital Corp Corporation Machine Metro Robert Machine 17 19 20 ________________ Mieco Inc _______________ Mortice __________________ MIECO ______________________ ____________________ Rachel _____________________ James Blackfcrd Madsen Chris James Kern Systems Lachs Ramano Corporation 18 Biackiord _______________________ I6 Metro James Inc John Blackford Humphrys 21 22 of Oracle Anchorage has able Municipality locate the to Support 23 not been Sales or Sales Manager for this Representative 24 25 name Murphy-Brown Chris LLC Robed Smithfield __________________ 27 28 Mson Kugler Mutual of Omaha Mutual Of Omaha Foods Madsen Laths Jim Steder Robed Laths 22 PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH SET O7-CV-O AND OBJECTIONS TO INTERROGATORY OF Jordan SIEBEL 653 PJH NO.98 EDL IN Diane Chup Dan Chandler HoweLl- WatktnstJordan Rowe-Mccune ________________________ Smart _______________________ ________________ Centers Simpacn Betty John LLC Keanet Edwards Stephen Standard Jennie Register Company _______ _______ ___________ ________ ta Laboratories Inc Apostolos ChrEssy Jennie Bernazzanit Edwards 10 II DATED September 18 2009 12 BINGIIAM 13 McCUTCHEN Z4 iS By LLP aZA//4ir LAUnder Zachary 16 br Plaintiffs Attorneys Oracle 17 Corporation USA Inc Oracle Oracle EMEA International Limited and Siebel Systems Inc 18 20 21 77 23 24 25 26 27 28 37 PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIITFI SE 07-Cv-0165 AND OBJEClIONS TO INTERROGAlORY OF INTERROGATORIES SIEBFL NO.98 PilL IN lam San County Francisco 1am 94111-4067 that familiar with On in the Embarcadero 18 20091 San in California Francisco and for collection FedEx day employed processing and delivery are they business the served and action office this business of this Center of delivery/next course in party the practice ordinary September not age Three at for mail/fax/hand same day of years California readily of correspondence deposited oyer eighteen attached PLAINTIFFS SUPPLEMENTAL RESPONSES AND NO.98 IN OBJECTIONS TO INTERROGATORY DEFENDANTS FIFTH SET OF TNTERROGATORIIES SIEBEL BY FAJ by transmitting numbers forth 10 set BY MAIL United 12 Mail practice 13 addressed for collection United 14 States Postal the date and set forth and correct below it is of the documents with 18 PERSONAL all documents at be hand the VIA EMAIL to the at persons above in above left to the familiar with this fax and in the with postage mms law with the for mailing with the United deposited is for collection be placed to envelopes sealed of correspondence in the processing to set forth States ordinary correct set true via by transmittiu the email envelopes in sealed forth in sealed correct copy envelopes below and and true by causing by FedEx be delivered by causing delivered addresses at DELIVERY addresses the SERVICE to persons 20 listed fees prepaid 17 19 of the readily Correspondence same day EXPRESS MAIL/OVERNIGHT 16 copy aP above listed 500 pin California processing Service documents the before of business course 15 as Postal Service facsimile this San Francisco at prepaid on true by causing States via below of the above copy with all fees fully paid to the below the documents set forth addresses listed on this date 07-CVM1655 email PJH EDL above below 21 22 Robert Mittelstaedt JasonMcDonell 23 Elaine Jones 24 sss 26th 25 Tharan Sheet 1755 Lather CA Alto CA Tel 94104 Esq Day Embarcadero Palo Floor 650 Roaji 739-3939 94303 626.3939 tglatherJonesDay.com 26 jfroydJonesDay.com ramittelstaedtJonesDay.com 27 Froyd Esq Jones Day California 415 Gregory Jane Wallace Esq San Francisco Tel Esq Esq jmcdone1lJonesDay.com ewallaceJonesDay.com 28 38 PLAINTIFFS SUPPLEMENTAL DEFENDANTS RESPONSES FIFTH SET AND OflJECTIONS TO INTERROGATORY OF INTERROGATORIES SIEBEL NO 9S IN declare whose 2009 direction at San the that service Francisco am employed was made and in the office of that this declaration member of was the executed bar on of this court September at 18. California 23 24 25 26 27 28 39 PLAINTWFS SUPPLEMENTAL DEFENDANTS 07-CV-rn6SSPJHEDL RESPONSES AND OBJECTIONS TO INTERROGATORY FWTH SET OF INTERROGATORIES StEBEL NO.98 TN RICHARD CUMMINS September 16 2008 ATTORNEYS EYES ONLY HIGHLY CONFIDENTIAL INFORMATION Page UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION --DUo-ORACLE Delaware CORPORATION ORACLE USA INC Corporation Colorado and Corporation ORACLE INTERNATIONAL CORPORATION California Corporation Plaintiffs Vs SAP SAP No EDL 07CV-01658-PJH AG German Corporation Delaware INERICA INC CORPORATION TOMORROWNOW INC Texas and DOES Corporation 150 Inclusive Defendants ____________________________________________________/ VIDEOTAPED RULE ORACLE RICHARD CONFIDENTIAL Reported Job 412495 By 16 ARLEN Merrill Legal 800 2008 255 Pages ATTORNEYS INFORMATION WENDY OF CUMMINS September Volume HIGHLY DEPOSITION CORPORATION Designee Tuesday 30b CSR 1t4355 CRR EYES ONLY RNR Solutions 8699132 e6a0856a-Oee4.4b35.al bf.ca2Oat8a26bc HIGHLY 2008 RICHARD CUMMINS September ATTORNEYS EYES INFORMATION CONFIDENTThL ONLY 34 Page likely for ways is TomorrowNow license either hot Then in the get does license that teps and manager regional with correct rep relate you to do How you report did so me through to up license the say rep 0944 meant 11 12 did You 10 support the if And 14 support 15 onto back or t7 thats 18 they out can theyre the then 20 than 21 be responsible 22 to returning group is that for there trying any up to something of other new what involved throigh make back bringing them parameters get me group you other that wculd license sales stuff already customers MS HOUSE 24 THE WITNESS mentioned will reports with the back customer -bring their of come structure to then 23 25 issues trying there Is 19 are outside of do to to manager to trying how there If So apologize regional is understands rep if to up customer support so reps support report reps L3 Q943 relationship of support from loop The 0945 Oracle to Cotteot .0944 0945 or rep kind some thrqugh return to customers dont Objection believe Merrill Legal 800 Other vague than the so Solutions B99l32 eOaOa56a.flee4.4b3S-al bf-ca2flafsa26bc CtThINS RICHARD 16 September 2008 CONFIDENTIPL MR break for McDONELL the See day Im Counsel you then Thank week next to you going sir VIDEOGRPHER i70 videotape number Cummins Going This four in the off the marks the end deposiLion of record the time of Richard is 502 --o0o-the Whereupon 502 deposition was at adjourned p.m -o0o-- 10 12 declare the foregoing I14 15 ____________ under is and true ____ California penalty correct this of perjury Subscribed iS day that at of 2008 19 Signature of Witness 20 21 22 23 24 25 253 Merrill Legal 800 Solutions 8699132 Errata Deposition Rick of Page Line 41 21-22 Cummins September 16 Reason Change Juans Change No havent 14 2008 Change responsibility manager to Juan managers 124 Sheet talked is havent to is responsible talked hundreds to service Clarification delivery for service customers delivery to No Clarification of customers about TomorrowNow Change less 151 174 to more Change welcome 23 Change Hutton to 207 Change McGee Change were 22 232 14 to the Change above changes IP to Correction Murquia Correction renew Correction to Change or doesnt 245 Subject new Correction Hunt to 219 Oracle to 176 Correction to does or doesnt Cot-rection IT I9ertify that Correction the transcript is true and correct CERTIFICATE WENDY hereby foregoing deposition the certify whole said shorthand by and therein me witness 10 said 11 computer review 14 requested 15 deponent 16 period the of and but are the truth to and in the 19 deposition nor in 20 this and that 21 parties or any way am of typewriting the by deposition not made reporter the by during the hereto that of the am not parties interested not related thereto of counsel to the said of in the event to any of nc DATED 2008 23 24 WENDY time testimony was the any the at the of changes certify either in supervision any to down person was appended further taken reduced completion requested attorney for 25 tell to the the transcript allowed was that direction 18 22 the sworn nothing thereafter and provided cause arid witness duly deposition before If 17 the me by stated my That 13 that disinterested was under 12 Certified Shorthand cause That place was truth within-entitled REPORTER ARLEN Reporter truth OF AREN CSR No 4355 the or DUGGAN HIGHLY CONFIDENTIAL PAUL 2009 August ATTORNEYS EYES ONLY Page IN THE UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION --oooORACLE Delaware CORPORATION corporation INC USA ORACLE Colorado and corporation INTERNATIONAL California ORACLE CORPORATION corporation Plaintiffs vs SAP SAP AG German AMERICA corporation INC DOES 07CV1658 PJH corporation INC Delaware TOMORROWNOW Texas corporation 150 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 EYES ONLY Page Q94532 customers Siebel MR ALINDER 094633 09434 21 and Vague Objection ambiguous 09435 WITNESS ThE og4636 the restate Can you question DELAHUNTY .9946.37 464I type 094643 Siebel 094644 Is thre cthe any representatives employee that has customers than the of NR 09fl45 994648 11 0946t9 12 Q9465 13 regard 094656 i4 the person C947.04 15 thOs 094106 16 094709 17 turn @94712 18 Do 094714 19 094715 20 034716 21 094724 22 TH to wIRS.s supp.rt sales support Calls for ambiguous If you renewals would hhat with interaction Cbj.ection and Vague speculation in speaking this would bontact with typically the have re most he customers MR managed they And DEI1ANUNTfl by have what refer you to title fo rmal more MR ALINDER then as are they just in managers thp manager Vague Objection as to of knowiege time THE they were 24 indicate 25 ay 31st WITNESS that 2007 DELA in the there Merrill Legal 800 the To best my managers regional MR 094725 Q9472 ALINDER lucre And time period were two your June regional notes 1st 2006 to managers Solutions 8699132 tZfal 2ff-3da74268-a7b3.2b05e1a96663 HIGHLY PAUL DUGGAN CONFIDENTIAL 2009 August ATTORNEYS ONLY EYES Page 094736 pJicia 094737 Is a947.46 Yes 04749 Can correct that Is Yes 094739 Edwards Jennie and Rago 22 that accurate desribe you bow from differ og4751 responsibilities 094752 time that across period their job the sales support representatives 0477 The 094800 the 094806 basis sales support sales support sessions 094610 1- 094814 12 sort of 09481-6 11 094920 14 094823 15 O94927 16 position 94an 17 when 094833 18 09H937 19 094841 20 094843 21 managers 09li50 22 will 0948fl 23 myself in 004855 24 review that forecasts reprsentativesT manage daytoday from representatives coaching doing would managers the reviewing those petformance and things What are you when to referring you say forecasts This So to have you know you in is Who is The the deals will close way same for representatives responsible sales any what forecast sales support as those creating torecastst -A to then eventually build that cormnunicate forecast And forecast with it would Merrill Legal 800 njake work Those forecasts those case this will at that Rick it to with managers roll Chris up to would time Cunimins their and Madsen Solutions 8699132 f2f21 2ff-3d87.4263.albS-2b05e1a96663 DUGGAN PAUL HIGHLY 113457 2009 August ATTORNEYS EYES COlPIDENTIJL the Whereupon 113457 concluded at was deposition 1124 ONLY a.iu 000 113457 113457 declare 113457 foregoing 113457 5/-N 113457 of is true under and correct 2C.CO kUUS penalty of perjury Subscribed California the at this day 2009 _____ Paul Duggan 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 80 Merrill Legal 800 Solutions 8699132 Merrill Legal Solutions JNSTRUCTIONS FOR READING/CORRECTING To assist please them and read make insert and the changes and below If additional to the back of the in attach Please br making the directions you follow the pages If your transcript carefully the line changes and/or number Please do not make any changes and Please do NOT After completing designated Main Street your review FlOor errata furnish sheet any errors or changes you wish you wish change corrections line please and sign return the the last Errata CA 94105 San Frndsco ERRATA Page testimony to to by hsting the page make on the face of the transcript any of the questions change Signature 4th your deposition on the errata sheet the br to DEPOSITION pages are necessary please find you corrections and then reference corrections YOUR of the errata page sheets or fax to Merrill them to sheet above Legal 415 Solutions 357.4301 SHEET Line ___ Change Fj Reason Ims ia cI-iange Reason change Reason ItFG 2GC 5u F the at 135 Page Line --- --_ Change I- Reason Ti 1r R_L RiSk Change Reason 1f Po Change Reason Change Reason_________________________________________ Change Reason Change Reason Change Reason_______________________________________ Subject _______ signature No to the above changes have changes certify that the made certify that the transcript been is transcript is true and correct true and correct date CERTIFICATE that Reporter hereby foregoing deposition was the certify whole withinentitled place said witness 11 computer was and thereafter That of the me Shorthand witness in the sworn to tell duly but nothing the before 13 review 14 If 15 provided to 16 appended that the truth down in the time and to and the of testimony typewriting said by supervision of completion in the at person the reduced direction taken was disinterested under my 12 the deposition therein stated 10 and truth me by by Certified cause That shorthand FEPORTER LUCIA BRANN SARAH truth OF the deposition hereto requested 17 any the changes reporter further 18 attorney 19 deposition 20 this 21 parties for cause was transcript made during certify either by that the the am or any of any way interested nor in and that am not the was requested and deponent allowed period not parties related not in of counsel to the are the to any said of event of or the thereto ______ DATED 24 25 SARAH LUCIA BRANN CSR No 3887 PAUL DUGGAN 2009 August ATTORNEYS HIGHLY CONFIDENTIAL EYES ONLY Page IN THE 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 I4ERICA corporation INC DOES PJH 07-CV-1658 corporation INC Delaware TOMORROWNOW Texas corporation 150 inclusive 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 f2f312ff-3d87-4268-a7b3-2b05efa96663 DUGGAN PAUL HIGHLY 2009 August ONLY EYES ATTORNEYS CONFIDENTIAL 23 Page Can 094905 094906 forecasts those of one creating MR ALINDER 15 THE WITNESS 04916 1R LELAHUNTY 0949107 094920 O9 and 4Y2 these The 10 forecasting 094938 11 percentage 094945 13 use 094947 13 typically Q91950 14 the 095003 15 those 095004 16 095005 1-7 responsible 10 forecasts 095012 to you track our and managers numbers How do those those And terms there on of system we the based are reps rollup and of reportiricj wiw individuals forecasts the determine the the between standard of one in is which directors the in our for likelihood conversations verbal track renewals support managers create will system OKS the in the d.c to refer and date are the creating or of likelThood closing sale The 2-C the sales support 509 21 some cases 095021 22 with that 095025 23 from quotation 095031 24 to -eventually ebting 25 Is record 09 HoW representatives close 094934 095014 and that clarify representatives that f.orecasts 2U Ti service support 091929 095009 VagS Obj.ectibn aiguous 094913 19 in methodology the describe you manager custotner to Merrill Legal 800 arid representative would be- the tracking communications purchase created in of constant sales with the and iii contact cycle custornr order those Solutions 8699132 f2131 Zft.3d87-4268.a7b3.2b050fa96563 HIGHLY 2009 August EYES ONLY ATTORN1YS DUGG2N PAUL COREIDENTIAL 113457 Whereupon concluded 113457 the at was deposition a.m 1124 --oOo 113457 declare 113457 113457 foregoing 5tI 113457 113457 of is true under and 44CiO AUuS 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 To assist please them in you follow and read your make insert the the directions line transcript below changes and/or not Please do NOT change After completing designated Street your Signature Floor of the If you and errata furnish sheet any errors or changes you wish to on the errata sheet by listing the page you wish corrections to make on the face of the transcript any of the questions review please line and sign return the last the Errata CA 94105 San Francisco ERRATA Page testimony your deposition pages are necessary please then the change br to DEPOSITION find corrections make any changes and do corrections additional If carefully number reference Please Main br changes and attach the pages to the back Please and making the YOUR FOR READING/CORRECTENG INSTRUCTIONS of the errata page sheets or fax to them Merrill to sheet above Legal 415 Solutions 357.4301 SHEET Line Change Reason Change Reason Change Reason -- Ff 1Th -- IN f- t4_ 1215 rIF 3J.J the at 135 Page Line Change Reason 1M X$ -rf Change Rjc l4- Reason 13 A-r iS r5Po iZ Change Reason_______________________________________ Change Reason_______________________________________ Change Reason_______________________________________ Change Reason_______________________________________ Change Reason Subject to the above changes certify that made certify that the transcript No changes have been the transcript is true and correct is true and correct ______ signature date CERTIFICATE OF LUCIA SARAH hereby Reporter truth the was That said me by 10 witness 11 computer was witness in the sworn to tell duly but nothing the and before 13 review 14 If 15 provided to 16 appended that reduced the to and direction my That taken was the in the time and the said truth down disinterested person thereafter under 12 and deposition therein stated place me by Shorthand cause within-erititled shorthand the that truth whole Certified BRANN certify foregoing deposition REPORTER the of testimony typewriting by supervision the of completion at in deposition hereto of the requested transcript any the changes reporter further 17 for made either or attorney 19 deposition riot in 20 this and that 21 by during certify 18 was XJ that of was the the am not requented and deponent allowed period not the parties of counsel to the are or said parties thereto cause any any way interested in the event am to any of CSR No not related of the DATED 24 25 SARAH LUCIA BRANN 3887

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