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 25 Feb 13 2008 Hrg Tr and contains 2010 30 business on information what happened Sept 15224-15411 at what were Hrg Tr 1015-1214 Oracle at Shippy Sept Depo Tr 2009 25 Shippy Sept 25 individuals as in report at at-risk at Notes Depo Tr 2008 Shippy created for Depo Tr 2008 origin of data explaining at is customers not report were that gill is in actually play not report theyre saying information report comes Cummins Sept 23 2008 Depo Tr in at-risk information 30b6 825-15 Rule 814-823 field of 8812-23 at at-risk at indicating for Curnrnins third Sept person should that at-risk at sales testimony indicating by knowledgeable 30b6 testimony that indicating representatives Rule from support 32023-3212 testimony activity Rule 30315-3043 report included 30b6 Rule business from support 30b6 transmitted 30b6 sales Cummins Sept 23 2008 Depo Tr at 3057-18 Rule about customer information sales representatives knew testimony that indicating report 894-11 30921-23 report comes Cummins Sept 23 2008 Depo Tr testimony report part of her regularly conducted in at-risk Rule 403-4110 from information entries Cummins Sept 23 2008 Depo Tr support the at-risk that arguing records Shippy had responsibility that Oracle the various them to Shippy March that Foundation At-Risk Report General testimony indicating representatives 30b6 because 3215-9 customers indicating testimony was it their account 32111-17 Rule at risk that 30b6 Oracle of leaving party provider 16 2008 Depo Tr contact the support at 742-7514 sales Rule representative 30b6 testimony indicating on find out information to that given customer Cuinmins that Sept providing 23 2008 information Depo Tr for at 26919-2708 the at-risk Rule 30b6 report was part of sales testimony indicating representatives normal job responsibilities Shippy Sept was SVI-108747v1 kept in 25 2008 course Depo Tr at 1064-14 of regularly conducted Rule business 30b6 activity testimony indicating report PROCEEDINGS February l3 2008 Pge1 UNITED NORTEERN DISTRICT DISTRICT STATES OS SAN CALCFORNIUt CHABLES BEFORE COURT LECCE FRANCISCO JUDGE DIVISION Ret. ---cOo--ORACLE Delatcare CORPORAA.EOS Os...t corporation corporaron Colorado ORACLE JRA ood IONAIL INTERNET No CalifornIa CORPOF.AT1O1 U7CV01658FtIJ corcoraticn Plaintifs SAP AG SAP ANERICE corpora Texas 150 German 2o.rmoretion INC Je.i aware on TONORROWNON and corcrarIcn DOES INC inclosive Defendants HEARING IN ednesday Embarcadero San Rerorced GEORGE RE DISCOVERI ISSUES February 13 Center 4th Franci.sco 2036 Floor CalifornIa Cy SCHUNER I3G6 3326 v1errili Legal 800 Solutions 8699132 2ef4f272-5876-421 O-af$f-34b80a4f1 3b5 February 13 PROCEEDINGS TEXT REMOVED TO MOTION NOT RELEVANT 24 25 2008 think Moreover understand is one of that very that important key documents the you were that going Pan it we be producing to an internally because you call otherwise you JUIGE LEGGE MS HOUSE vibrant This This document is of compilation that of all that talks one about detailed document that is not is LEGGE We JUDGE MS HOUSE that about and lost try not and about to keep others single every what or what lost to -- was were the the customer it called risk to And analysis the 69 customers this customers lost to all third gift 21 something Street specific all theirs parties the kept about detail This parties third were they actually seen Rimini is 22 is goes very long UnllkL sn an way lia You are in to are producing producing Oracle internal .I9 800 to historical to was that why or effectively has enormous Legal of LEGGE What MS HOUSE Third-party 17 Merrill is notes JUDGE _______________________________________________________________________ it right mel have to terms of finances in -- sort losses of those customers customer 20 it indeed has -- is as but perception about concessions is it keep hard is the TomorrowNow the to give you calls to it copy you have if document electronic just 13 have give it keep 12 wont will Yes Oracle or internally it report at-risk Lji compiling sork ith it it This document and th in one tour is that unit stuft is -- -- shat Dc Solutions 8699132 2ef4f272-5878-421 O-at9f-34b80a4t13b5 PROCEEDINGS were the to So again highly notion this actually financial with those we need that incredibly so you in were kind of that what associated show you to detailed dont have 13 2008 play losses on customers go any document to keep -- is it premature Again you the than afield wont that them were period one-year farther customers various what happened February have if theres heard them 10 hear about 11 today beyond it But what problem say theyll there we is with come absolutely have the documents and back nothing already agreed TEXT to to you -- will order produce REMOVED NOT RELEVANT TO MOTION ___________ ___________ tu Merrill Legal 800 Pages 154 cc 157 Solutions 8699132 2ef4f272-5S76-421O-af9f-4b8Oa4f1 3b6 UNITED STATES NORTHERN ONOABLE BEEOS THS ORACL CORPORATION DISTRICT PHYLLIS ST DISTRICT OE COURT CALl FORNA JUDGE HAMILTON AL 1C PAINTIFES JH 07-0658 CejI AG AL PAGSS DEFENDANTS SAP OAKLAND i24 TRANSCRIPT Ct IA CALl SE DNESDAY ___________ Co.y 30 DER 20 OF PROCEEDINGS APPEARANCES 5CR EoEs SCEILLER ELEXNER 99 HAPRISCJi STPEET SUITE PLAINTIESS OAAn BY CALISORNIA BGHAX 9D7 Z46I2 HOLTEXAN STEJEN LLP ATTORNEY XCCrJTCHN AT LEP EXBARCADER0ClHEP THREE 94i-40 SAN BY SRANCISOO CALiRORN1A ZACHARY ALINDER ANTHDNY FALZOUE HOLLY HOUSE PICKETT DONN SOP D5ELONT3 JONES ATTORNEYS ROAD CALISORNIA ALTO HARANGRErCRY LANIEF RAYNEE BY PAYNEE LA1 OEFCS SOLO EPSRTED AT DAY SILICON 7ALEY 755 Y3ARCADERO APPSAP.ANOES LA1 CONT HUED NEXT 1ERC.AC CSR 91303 ATTORNEY PAGE NO MERCADO CSR RMR CRR FCRR CCRR 510 25 451-7530 AT LA 10 TOMORROWNOW THE COMPUTERS SERVERS REGARD WITH AND TO -- THIS IS AN STILL THE ISSUE GIVEN STIPULATION LANIER MR JUST ARTICULATED IS CLAIM PICKETT SINCE THERE COURT THE FOR ON QUESTIONS ART THINK THAT GIVEN 12 HAVE 13 GOING JO THEN OKAY JUST MOOT ARE THE EXPLANATION RULE THE SANE PITT COURT THE THE CUSTOMER 17 THE ARGUMENTS 18 STATEMENTS 19 THAT 20 BUT 21 NON-HEARSAY 22 CERTAINLY IS IT ARE THAT DOES HEARSAY THE PURPOSES BE BUT MOST UNDERSTAND AS IT ISNT IT RAYNEE TO ME FOR MAKE HAVE SURE TO I%iE SINCE ONE TO FEW THAT MOOT FACT REGARD ONE O9P.CLES DOES CUSTOMERS AEPEAR SAME THE JUST REGARD THEYRE IF SAP AGAINST I21 ONES YOU ALL SIMPLY SECOND THE -- CERTAINLY COULD 22 24 IT IN THIRD IN STATEMENTS TO 211TH THE THE TO THE JUST WANT WITH KAY GOES IT RULINGS KNOW ARE -- THAT REASON LIABILITY MY YOU ME 13 IS MIGHT AND THESE SAME CONTRIBUTORY OKAY COURT THE PROBABLY IT 4R PICTT THE FOR THINK WHICH APPEAR LEAVING SAP IS THESE THE TO MOTION EXCLUDE REVIEWED REPORTS AT-RISK OFFERED HERE THAT IS TO TO FOR CORRECT ME THAT PROVE THOSE THE TRUTH PARTICULAR REASONS THAT ARE THERE STATEMENTS CUSTOMER PERTINENT IMPORTANTLY RELIES VERY THE HEAVILY MEYERS UPON REPORT THESE STATEMENTS CORRECT MERCADO CSR RMR CRR FCRR CCRR 510 AS 451-7530 Li AND REPORT HIGH RELIED EXPERT DEGREE UPON THERE THAT ERE THEY YOUR THEMSELVES ARE WE OT RE THE GIVEN DISCUSSION IN SORRY HONOR SO PLAINTIFF BY PREPARED OFFTHE-RECORD HO1ThBD ORACLE MEAN RELIABILITY OF AT-RISK THE BY PREPARED STATEMENTS THESE WASNT IT UNDERSTAND AS --- CONTAINS THAT ISNT AS HO%ARD JEFF TH THAT CONTENDING REPORTS NOT COURT -- PIcTT 10 11 THEYRE NOT PART THE RE9ORT 13 RIGHT EVIDENCE INTO THEYRE YEAH WERE RECORDS BUSINESS 12 COMING WERE NOT FOCUSED ON SAYING NOT JUST ONE THIS CUSTOMERS OF AND 14 15 STATEMENT 16 STATE 17 NO 18 VERIFY 19 THEY 20 CUSTONER 21 TIME 22 OF OR IN SOME THEY THEM SAID NEGOTIATING 23 24 REPORT 25 THESE WHICH SO DOWT STAIDARDS RA YNEE BECAUSE THEY DONT THEY ITTS JUST RISE WHI0H TO IERE MERC.400 CSR NOT THOSE ON WERE SHOWN CERTAIN SAY REALLY THOSE THE DUTY DID RELY CUSTOMERS THAT AND NOT THEY SEEKLNG 4EAN SPECIflO LEVEL WAS TO TO TO BE OR IN THE TRUE TEE FROM COURSE KNOW IN STATEMENTS OF RELIABILITY TO DID CONTRARY AS NOT THINGS CR IT THE STATEMENTS OR EXCLUDE RMR CRR FCRR CCRR 510 TO THERES WRTCH vERIFY DO DUTY UNDER BUSINESS THEIR OF THIRDPARTY THAT PARTY THIRD FROM COMMENTS THAT IS UNDER WAS HICU DID BECAUSE TINE COURSg ORACLE WAY SAY THAT UNLESS REGULAR DIDNT TO OASES ON EVIDENCE IT THE WHAT THE IN IT ARE HEARSAY IS TRANSCRIBED WHICH 451-7530 THE MEET 12 COURT AND HOWARD THE HE DIDNT YOUR EXPERT THOSE RELY UPON STATEMENTS NOT OR ASCRIBE RELY ON THERE IN -- AND NOT EXPERT IS REASONS THE THAT FACT AND SO MATTER 11 YOU 12 THIRDPARTY 13 THEN FOR BE BACK TO THE NO INDICIA HAD SIDE 14 THE 15 YOUR PAPERS 17 MIND THAT 18 OF THE FROM OR IS THAT THE CRITERIA COURT WHAT 16 OTHER THESE IS BUT OF THE TRUTH AND OF RELIABILITY ADMISSIBLE HAVENT THERE -- TRUTH ANYWAY LEAVE RIGHT THE THE TO ARE DEFENDANTS THE SHOW GOING WERE GETS AND TO DID BUT THAT COMMENTS THE WOULD IT THE REPORTS CLARKE STATEMENTS WAS THAT MR THE USED OF ANY TO -- THE CUSTOMERS ASSERTED 10 -- THOSE HE IF VERACITY THE USING -- AND FOR AND HE RELIED DIFFERENCE STATEMENTS WHICH 20 THE 21 IS 22 GOING 23 INDIVIDUALLY 24 AGGREGATE FACT THAT RELEVANT ON 25 THE TO WHETHER TRUE AND THE PAYNEE IN NOT WHICH SOME COURT IS THAT VERY BRIEFLY MARKET OR MAKE THE THAT BACKGROUND THOSE IS PARTICULAR TO THE IN STATE FROM THE HONOR YOUR OR ITS MR MEYER THAT OF TRUTH LEAVING FOR STATEMENTS WHY SAY DIFFERENT CONCERNS HAD YOU PERTINENT REASONS CUSTOMERS THE BETWEEN THEIR IS LANIER 19 TO SIDE ARE HOW CUSTOMERS MATTER FROM EITHER OKAY THE THE ORACLE THE MET ITS EXPRESSED RELEVANT WERE BECAUSE CONCERNS TO WHAT WAS ACTUALLY RELIED ON THEM CIRCUMSTANCES OKAY MERCADO CSR RMR CRR FCRR CCRR 510 451-7530 IN THE 124 STATES THE THAT FOREGOING DIRECTION UNDER MY 10 FULL COMPLETE AND 11 ME THE OF AT TIME THE 12 13 14 COURT BE ET AND REPORTER INTO TRUE RECORD C0701658 AL OF REPORTED THAT SAID FOREGOING THE PROCEEDINGS AS BY FILING OF VOID RAYNEE THE UPON MERCADO MONDAY 18 REPORTERS DISASSEMBLY CERTIFICATION AMD/OR REMOVAL CSR RNR OCTOBER CRR FCRR CCRR 2010 19 20 21 22 23 24 25 RAYNEE IS BOUND FILE 17 ME SY TRANSCRIBED THEREAFTER WERE CERTIFY ORACLE PJH WERE UNITED THE HEREBY CALIFORNIA TYPEWRITING VALIDITY MAY TRANSCRIPT AG SAP SHORTH.ND CERTIFIED IN PROCEEDINGS AL ET CORPORATION CF DISTRICT NORTHERN COURt FOR REPORTER OFFICIAL MERCADO RAYNEE nPORTER OF cERTIFICATE MERCALQ CSA RMR ORR FCRR CCRR 510 451-7530 OF SAID FROM TEE 2009 March SHIPPY ATTORNEYS CONFIDENTIAL ELIZABETH HIGHLY ANN EYES ONLY Page UNITED DISTRICT NORTHERN COURT DISTRICT STATES OF CALIFORNIA FRANCISCO DIVISION SAN ORACLE CORPORATION Delaware corporation ORACLE INC Colorado and ORACLE corporation INTERNATIONAL CORPORATION California corporation USA Plaintiffs No vs 07-CV-1658 PJH AG German corporation Delaware AMERICA INC TOMORROWNOW corporation and Texas INC corporation DOES inclusive 1-50 SAP SAP Defendants VIDEOTAPED ELIZABETH THURSDAY HIGHLY REPORTED BY ANN SHIPPY MARCH 2009 ATTORNEYS CONFIDENTIAL HOLLY OF DEPOSITION THUMAN CSR No EYES 6834 ONLY RNR CRR 1-416868 Merrill Legal 800 Solutions 8699132 c7740684.433d-448c-886d-ef57347ecc5c ANN ELIZABETH HIGHLY March SHIPPY 2009 EYES ONLY ATTORNEYS CONFIDENTIAL 40 Page 100340 2005 of sunwner 1Db42 dont tecali Ms 10c355 10cr3t57 Risk 1O035 as Shippy what or report are referred is Uncle within to At the with farailiar you At Risk repirt the 100400 Yes 100401 Old 10P402 to pertain 100404 of any the responsibilities job your Risk report describe some in time rpft Yes_ 1OC406 10 .1UQ407 12 Can resporisib you those of tlities 100414 one point 100417 13 over 100424 14 received 100426 15 updated 10O28 16 appropriate 1004n 17 100433 18 rementher 100936 19 was able take to responsibilities the information the report the said the point some time in point that you late 05 early 1004-SQ 22 tO0453 23 Risk 100456 24 tesponsibilities 106459 25 Calendar the with team time 21 re-port that rep sales support shared then report in 100442 Did at the the roughly Its s-dy from and management You 10039 managed So reportiftg Do yU undertook 06 those wouj.ci year you have prior in any to interaction taking late 05 over with the At those early 06 Yes Soutions 8699132 Merrill Legal 800 cfl4O6 443 3d -448c-88 Gd -ot57347 etc Sc ELIZABETH HIGHLY SHIPPY ANN 2009 March EYES ATTORNEYS CONFIDENTIAL ONLY Page 100501 wa What 100506 A- 10d509 if they 100513 could had from help When an assist items followup any say Rick whom are you Rick Patricia or that anytlng perspective operations ypu interactions those of nature would believe 10051 100524 the 41 are referring you to Gummins Rick am 100525 100526 And 100527 refet when you Patricia to urquia 100529 10 Patricia 100531 11 CAn 100534 12 100541 13 100543 14 100544 15 100549 r6 100552 17 What does 100555 1E MS 1-lOOSE 100556 19 MR DKLM-IUNTY 100557 20 MS HOUSE 100600 21 THE 1Q0605 22 the 100609 23 forecasting 100613 24 et 1OO19 25 A. to referring her spell you name last if know yOu MURGUIA If recall you what her was position within Oracle Shes sales on the team reporting- within support operations support the Vague sales the as do time to speaking Generally Vague WITNESS team reporting They business workload run overbroad time to as reports understand to the which l1cw the cancellations cetera MR DELAHUNTY While you were nrking Merrill Legal Solutions 800 869-9132 c7 74068 4433d-448c aa -efSTa4Tec St 2009 EYES ONLY March ELIZABETH ANN SHIPPY ATTORNEYS CONFIDENTIAL HIGHLY 160128 time third But just 160131 THE WITNESS 160131 4R DELAHUNTY 160133 MS 160136 rights 160130 right now leave the Okay So open deposition 16013 know will dont and HOUSE will ubviousiy But disagree we dont all Leserve have Lets this do to go So MR 160141 VIDEO Thanks DELHUNTY THE 160140 off the record l6042 160142 11 1.60146 12 160201 13 1602 04 of This Elizabeth Volume concludes Shippy We are off 11 160204 OPERATOR 15 602 04 in the the deposition record at Time 401 declare 16 the foregoing 401 noted is under true and p.m of penalty correrl Subscribed Js-t tni 1602DO 20 da at of iO 160204 that perjury 2011 Li 100201 00201 27 IZABETII ANN Sill 190 Solutions Merrill Legal 800 8G99132 Merrill Solutions Legal Sheet Errata Line Page Change Add line p.69 PeopleSoft for providers came TomorrowNow Reason 121 line other third in support party 911 18 Change Add and which existed and on location could the at that the products time any offer credibly the the on Change Add provider Change SAP came it also existed and on support the in any offer credibly that third customer party support manner the in the required and out in depends which or could the products on of besides JD Edwards application existence whether credibly that The few other on the time depending PeopleSoft the any offer different at other third support customer in time periods party the support manner in the required Clarification Possibly -- but as and the TomorrowNow connection Add this situation Reason Subject on time periods different other other besides application at existence of Yes again for providers And again Reason could JD Edwards whether The few on the time depending or and out in products after TomorrowNow location again Clarification service ______ on whether depending PeopleSoft which existed Reason 24 -- the depends also it location lnC for came provider 135 in Yes after providers And again 22 periods Clarification TomorrowNow line time different required service 133 at existence of provider support manner the Reason lines out Possibly after customer 124 and in Clarification Change Add 14 other service on the time The few depending Edwards application besides or JD Yes after after Tomorrow Now seems the explained Safe only before given Passage program candidate the for just likely Clarification to the above changes cedify that the transcript correct 4dte is true and CERTIFJCVPE Reporter hereby foregoing deposition was truth truth withinentitled cause down shorthand in time and the 10 place witness by said review 13 if 14 provided to 15 appended me in the sworn to tell duly but nothing said the stated and that reduced and completion the truth was deposition disinterested my direction before witness the thereafter was 12 and that therein That 11 by me by under computer that certify whoTe the Certified Shorthand THUMAN hOLLY REPORTER OF the in taken person at the the testimony of to typewriting supervision of the deposition hereto the of requested 16 changes any the reporter further attorney 18 deposition nor in 19 this and that 20 parties cause made by during certify that 17 for was transcript either the the am not requested and deponent period allowed are not of counsel parties to the or any of any way interested in the event related to any of CSR No am not the was or said of the thereto 21 22 25 DATED i- /._- HOLLY TRUMAN 6834 ELIZABETH ANN SHIPPY INFORMATION HIGHLY CONFIDENTIAL September 25 ATTORNEYS 2008 EYES ONLY Page STATES UNITED NORTHERN DISTRICT DISTRICT OF FRANCISCO SAN COURT CALIFORNIA DIVISION --BOoDelaware CORPORATION Corporation ORACLE USA INC Colorado and Corporation ORACLE INTERNATIONAL CORPORATION ORACLE California Corporation Plaintiffs No Vs EDL 07-CV-01658-PJH AG German Corporation Delaware AMERICA INC CORPORATION TOMORROWNOW INC Texas and DOES Corporation Inclusive SAP SAP 5O Defendants _____________________________/ VIDEOTAPED 30b RULE ELIZABETH Designee Thursday CONFIDENTIAL Reported Job By ANN 25 September INFORMATION WENDY OF CORPORATION ORACLE HIGHLY DEPOSITION ARLEN SHIPPY 2008 ATTORNEYS CSR 4355 EYES CRR ONLY RMR 413273 Merrill Legal 800 Solutions 8699132 69e62006-fda5-433a-9192-ebecbdl793da ELIZABETH HIGHLY ANN SHIPPY CONFIDENTThL INFORMATION 25 September 2008 ATTORNEYS ONLY EYES 81 Page that that thats 1057 manual the end And for report the notes sales 1057 8. 08 is the that is Im 10 happened between 11 example since 12 anywhere as part 13 went into that think its called is comments the since let 15 16 report 17 there So question 1057 the anywhere attachments 21 no 22 are still 23 the OKS longer 24 check me in the make have for 05 of even going was some customers that we were rep would renewal OKS into are being able to and notes tracked add So see notes if where through Merrill Legal 800 that So you in in the though to be that still your ended still were include notes though the this manual and arid in working even its at the recorded reporting process been the customer understand sure report the that is risk at February contract deal 08 the and rep right So 20 of manual neg.otiation 19 sales February have may the of February communications about the by OKS So 1058 that information talking it was information collected that itts so posted that but would have it and cumulative is been has there example Pnd 1057 It That infcrfttatiot field rep it of reference for available created was as notes form reps attach and them in were going to look we should att.aehments in be able to 015 Solutions 8699132 69e62OO6-fda5433a.1 92-ebecbdll93da ELIZABETH HIGHLY ANN SHIPPY 2008 EYES ATTORNEYS INFORMATION CONFIDENTIAL 25 September ONLY 82 Page that Does Yes those rUSS answer Are notes the th needs rep the once again is document what goes in be emails right of whatever is appropriate any 12 particular form on æd attachment could it be that for deal MS 13 going the into could 11 the taken been notes as that been væiats have steps risk at has team management it itself attach speculation Or 10 14 for The to acccnjnt that 1OB required to reps contract if with 58 Calls WITNESS THE renewal sales though MS HOUSE requested question your WALLACE it But ends in up in OKS sonic form Correct 16 Li 1059 The Okay listed by on 79 page name who are 19 It does at that thats report identify the customers risk does Okay 21 management was 22 1U9 analysis Yes 20 risk at paxtioular customer 23 and 24 that 25 relevant communications It wasnt person reading yet could had that been so then was OKS to and saw identified it go someone if report cancelled Merrill Legal 800 And between and the as still find in that at risk active the customer and the Solutions 8699132 60e62006-fdaS433u-9192-ebecbdl 793da ELIZABETH HIGHLY ANN SHIPPY CONFIDENTIAL the Whereupon 1150 25 ATTOBNEYS deposition was 2008 EYES ONLY adjourned at a.m declare the September INFORMATION foregoing ____________ ________ is true under and California penalty of perjury correct Subscribed this day ____ that at of 2008 Signature 11 of tness IC 21 24 114 Merrill Legal Solutions 869-9132 800 Errata Sheet Deposition of Elizabeth Shippv September 25 2008 Reason Page Line Change 30 20 Change Oracle contracts for service to Oracle Contract Correction contracts for service to Oracle Contract Correction System 11-12 31 Change Oracle System Subject to the above changes certify that the transcript is true and correct ionfo Sjjature A72717g28 date P1CTE CRRT REPORTER OF Certified WENDY Reporter hereby foroqoing sepcsi truth Li whole chq on was truth withinentitied said and Lace therein 10 said witness 11 computer under requested 15 deponent 16 period and are for either 18 attorney 19 deposition nor in 20 this cause and that 21 parties 22 truth the the any any way am the at of the by supervision of deposition the was not made by changes reporter the during the hereto not of counsel parties to the said of that of the am interested in the event related to any of not thereto DATED 2008 24 WENDY Lime typewriting to the to in down 23 25 the in testimony any certify or the was appended further 17 tell person that completi on requested provided allowed to token was and transcript If the sworn reduced direction my before 14 and stated thereafter was the on disinterested by of in hut nothing arid ness Wi duly me by depositi me shorthand review the cause That 12 that cerrity Shorthand ARLEN CSR No 4355 the or ANN SHIPPY ELIZABETH INFORMATION HIGHLY CONFIDENTIAL September 25 ATTORNEYS 2008 EYES ONLY Page STATES UNITED DISTRICT FRANCISCO SAN CALIFORNIA OF DISTRICT NORTHERN COURT DIVISION --OOoDelaware CORPORATION USA INC ORACLE and Colorado Corporation ORACLE INTERNATIONAL CORPORATION California Corporation ORACLE Corporation Plaintiffs No Vs EDL 07-CV--01658-PJH AG German Corporation Delaware AMERICA INC TOMORROWNOW INC CORPORATION DOES Texas and Corporation 150 Inclusive SAP SAP Defendants ______________/ VIDEOTAPED 30b RULE ORACLE Thursday Reported Job By ANN 25 September INFORMATION CONFIDENTIAL WENDY OF CORPORATION ELIZABETH Designee HIGHLY DEPOSITION ARLEN SHIPPY 2008 ATTORNEYS CSR 4355 EYES CRR ONLY RMR 413273 Merrill Legal 800 Solutions 8699132 69e62006-fda5433a-9192-ebecbdl793da ELIZABETH HIGHLY ANN SHIPPY 2008 ATTORNEYS INFOPJ4ATION CONFIDENTIAL 25 September ONLY EYES Page or me patricia or information in enter reps 1105 same time is 10 manual 11 information 1106 would 16 them 17 if 19 23 of didnt in it the it kept just to at as that literally keying the email and then when So email it to accounts give cf they your into it they report reps to the reminding that send them the would would paste Merrill Legal 800 renewal wqulU enter and copy the running the the Rick or risk at gets template fields that in cases and to reps spreadsheet would some the was arid input cases they had will some 24 We referring is did out me to They report been when So they forth 1106 work Patricia you their needed how notice that 20 21 Ad to send you just the in infonnatiOri 1106 Ive it and have to multiple users get somebody Okay 15 tried we didnt just because information 11 that online te why Okay 12 database able thats manual the time it the putting rep information So and the was werenTt We fly pasting owned We the and Rick through always to talking There was copying literally information 1105 It information the enter the cmailed go just back in spreadsheet free type into the master information in the irEormation did email address Solutions 8699132 69e62006.fdaS43Sa-91 92.ebocbdll9ada SHIPPY INFOR4ATION CONFIDENTIAL ELIZABETH HIGHLY 25 september ANN 2008 EYES ATTORNEYS ONLY Page Personal correct account Personal 89 account Uhhuh Do No Fs several as would it the email 10 take from 11 then delete ll7 email 14 sound plus in reps North would information the get place it into the seen in some document Ive Now AtRisk addr.ss report and Does us.@oracle.Com an that you familiar to 15 Yes 16 qhat 17 It doesnt Oh okay 20 No it 21 1107 200 this doing email the Okay 1Z hava we And Pmerica CT and years Ive been imagine can emails those to happened you exist still not do they What 1106 cmails the Okay 18 .Q email that is address far exist Did ever anyone try and email to alert is it 22 1107 there evolved email new 23 There 24 is okay 25 so 2thd to renewal when address you for email an say alert renewal renewal address for alert renewal alert No But its Merrill Legal 800 not At Riscus@oracle Solutions 8699132 69e62OG6fda5-433a-91 92.ebecbdl 793da ELIZABETH HIGHLY ANN SHIPPY CONFIDENTIAL September the Whereupon 1150 deposition was 2008 EYES ONLY adjourned at a.rn declare the 25 ATTORNEYS INFORMATION foregoing _____________ _______ true is under of perjury corect Subscribed this and California penalty day ____ that at of 2008 Stoftness 24 114 Merrill Legal 800 Solutions 8699132 Errata Sheet Deposition of Elizabeth Shippy September 25 2008 Reason Page Line Change 30 20 Change Oracle contracts for service to Oracle Contract Correction contracts for service to Oracle Contract Correction System 31 11 -12 Change Oracle System Subject to the above changes Sijjature A727782 certify that the transcript is true and correct date RepoLte hereby certify forego dopos ion th truth Lt whole said me by and therein witness 11 computer That 13 review 14 requested 15 deponent 16 period at depositi the the in the reduced and completion L/ to of 19 deposition nor in 20 this cause and that 21 parties any way am was not made by the during that the of the not of counsel parties to the said of am interested in the event related to any of not DATED 2008 23 NcLQ WENDY by trig thereto 24 the hereto certify any of deposition the was appended or time supervision reporter either the at typewrit the are in testimony to provided attorney 25 te1 down person changes 18 22 taken any further for the truth the requested allowed 17 but that direction my before If and to was on and stated transcript the sworn nothing thereafter was under 12 in duly disinterested shorthand said witness the me by Shorthand cause That 10 was that truth and withinentitled place Certified ARLEN WENDY trig REPORTER OF CERTIFICATE ARLEN CSR No 4355 the or RICHARD HIGHLY CUMMINS CONFIDENTIAL 23 September INFOATION ATTORNEYS 2008 EYES ONLY Page UNITED STATES NORTHERN DISTRICT DISTRICT OF FRANCISCO SAN 256 COURT CALIFORNIA DIVISION --OOoORACLE Delaware CORPORATION Corporation ORACLE USA INC and Colorado Corporation ORACLE INTERNATIONAL CORPORATION California Corporation Plaintiffs Vs SAP 07CV-0l658PJH No EDL AG German Corporation Delaware AMERICA INC CORPORATION TOMORROWNOW INC Texas DOES and Corporation 1-50 Inclusive SAP Defendants _____________________________/ VIDEOTAPED 30b RULE Volume CONFIDENTIAL Reported Job By CUMMINS RICHARD Designee Tuesday 23 September II Pages 256 ARLEN 2008 436 ATTORNEYS INFORMATION WENDY OF CORPORATION ORACLE HIGHLY DEPOSITION CSR 4355 EYES CRR ONLY RMR 412497 Merrill Legal Solutions 800 869-9132 f4294576cc2c-45bf-9a42-2d77645a99c8 CUMMINS September 23 ATTORNEYS INFORMATION CONFIDENTIAL 2008 RICHARD HIGHLY EYES ONLY 309 Page Also eNS in specific 1053 or and may The Access E1 World up that and if theres more to down strategic in why was whether Beth it stuff nterp.ise nothing it because told Thats true/false as it then reps the then were reps territory coumns our database database 1053 next Some narrowed have within something OKS from Mostly that these an was The Access it shows field look like true false 11 12 Arid again on these 1O3 that columns columns products that explained you 14 16 information in That MS HOUSE THE WITNESS Yeah The product product 19 is 20 how 21 22 not thats information Calls just 23 Ta my 24 So then 25 Column comes were specific dont family release know on your the that kripwledge sales reps yes AD product Legal 800 speculation the to from knowledge AD for Sc McDONEJ4L Merrill that in there indicated MR is OKS 18 1054 but Oracle the iriformaticn 11 1054 to previously AC through Correct refer us Okay 15 to notes as we indicated Solutions 8699132 f4294 51 Ecc Zc.45bf-9a42-2d 77 645ag9c8 RICRAPD CUMMINS September CONFIDENTIAL 23 2008 I- declare the foregoing is true under and penalty correct this _____________ /S- of perjury Subscribed day that at of 2008 Signature witness 10 11 12 13 14 j5 16 17 18 19 20 21 22 23 24 25 434 Merrill Legal 800 Solutions 8699132 whoLe the truth truth said That and therein witness 11 computer That of review 14 requested 15 deponent 16 period If and before the the to he was not made by in 20 this and that 21 parties way am mg of counsel of the parties to the said of am interested in the event related to any of riot thereto 2008 DATED 23 24 WENDY the not that certify any dur the hereto appended nor tion depos reporter deposition the by typewriting was any of supervision cemplet Ion or time testimony the either in the at person to arc down taken changes 19 25 the in truth the any attorney 22 but requested 18 cause tell was and direction my further for to reduced thereafter provided allowed 17 sworn that transcript the L3 and stated was under 12 the nothing arid disinterested by said in duly deposition me shorthand place witness the me by Shorthand Led cause wLthin--enti.tled JO was deposition oreqorng that cert Lfy hereby Cert if ARIFN WENDY Reporter REPORTER OF CERTIErCATE ARLEN CER No 4355 the or CUMMINS September 23 2008 ATTORNEYS EYES ONLY INFORMATION CONFIDENTIAL RICHARD HIGHLY Page STATES UNITED NORTHERN SAN COURT DISTRICT CALIFORNIA OF DISTRICT 256 DIVISION FRANCISCO --OOoDelaware CORPORATION ORACLE USA INC Corporation Colorado and Corporation INTERNATIONAL CORPORATION ORACLE ORACLE California Corporation Plaintiffs EDL 07CV-0l658PJH No Vs German Corporation Delaware ANERICA INC INC CORPORATION TOMORROWNOW and DOES Texas Corporation 150 Inclusive SAP SAP AG Defendants ______________/ VIDEOTAPED 30b RULE RICHARD CUMMINS September 23 Designee Tuesday Volume CONFIDENTIAL Reported Job 412497 By II Pages 256 Merrill ARLEN Legal 800 2008 436 ATTORNEYST INFORMATION WENDY OF CORPORATION ORACLE HIGHLY DEPOSITION CSR 4355 EYES CRR ONLY RMR Solutions 8699132 f4294576-cc2c-45bf-9a42-2d77645a99c8 CUNMINS September 23 2008 ATTORNEYS EYES INFORMATION CONFIDENTIAL RICHARD HIGHLY ONLY 303 Page You could Whos for Lets losses know dsc reporting at losses projected against sure for be would 1O4.E this in responsible actual tracking dont her ask go back lets go 55 Exhibit to Okay And there were data talked we that many the to of columns about which time last Okay 11 the least 12 to 13 already know burden each of these told us what the 14 of 17 for 19 one 20 each have one And columns column so if where it quickly what but want youve and is with .and mean headings Im every customer of example nonU.S customers somebody 22 didnt Yes 24 25 from our report this support Merrill who is sales Legal 800 source you Oracle said didnt on the to on Ill there get might reported is at you dont right be some because right thera information that reps you list this .from tell because is best information of all at curious you us tell information comes the helps reasons For the what the of 21 1047 possible through and run you your knowledge Oracle 1046 as Yes can this do as you nfl for 15 1046 to Want Okay So itTs was as reported accurate as Solutions 8699132 f4294576-c c2c-4Sbf-9a 42-2d 7764 99 cS CUMMINS September 23 2008 ATTORNEYS EYES INFORMATION CONFIDENTIAL RICHARD HIGHLY ONLY 304 Page what we pull from from given 1O47 tell go 1041 11 So lobk just If and just know dont dont know you from report you with starting comes this to gets say columns information columns the was the Starting MS what 16 ci off these come from soutce and 21 from 22 sales you the pull of the that me let is were on what you know with looked support from information that was page And Data about the through all these So Beth didnrt else anywhere to her is there reps sales given source colwin information inforraation exhibit actual record So reason other of tell have you tha information starting 20 25 know The T9 24 Do McDONELL to want 17 23 HOUSE MR 14 15 can ii Discussion 12 19 customer these at 12 1048 it It with 10 1040 before any to answer that data reps the through where rile through right me not source other no sales support walk Oracle within 1048 our So and Theres anywhere its doesnt It given were go It from all all is back came support reps Okay information the But do sales you reps know would what sources of have Okay MErill Legal Soluti.ons 800 8.699132 f429457 6-cc2c-45 bf-9a42-2d77 45a99 eB RICHAPD September CONFIDENTIAL CUMMINS declare the foregoing _____________ under Ga is true and penalty correct this /S- 23 2008 of perjury Subscribed day that at of 2008 SignaLure Witness 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 434 Merrill Legal 800 Solutions 869-9132 ARLEN WENDY hereby Ioreqoinq deposition said That me by and therein 10 said wit ness 11 uornputer was under 13 review 11 requested 15 deponent 16 period the of stated provided are tell but ruth the further either attorney ion comple 19 deposition nor in 20 this cause and that 21 parties any the the way am time the by supervision the of was riot made chanqes reporter Lon 10105 the by during the hereto that of the not of counsel parties to the said of am interested in the event related to any of riot thereto DATED 2008 24 WENDY of typewriting to the any in the at 23 25 the in testimony any to down person was certify or taken was and appended 18 22 to that clireution requested allowed for sworn reduced thereafter my If 17 and transcript arid the nothing deposition before rfha in duly disinterested shorthand place and witness the me by Shorthand led cause itleci within--cot was truth whole the Cert that certity Reporter truth REPORTER OF CERTIFiCATE ARLEN CSR No 4355 the or CUMMINS September 23 2008 INFORMATION ATTORNEYS EYES CONFIDENTIAL RICHARD HIGHLY ONLY Page UNITED NORTHERN CALIFORNIA OF DISTRICT FRANCISCO SAN COURT DISTRICT STATES 256 DIVISION --OOoDelaware CORPORATION USA INC Corporation ORACLE and Colorado Corporation INTERNATIONAL ORACLE CORPORATION California Corporation ORACLE Plaintiffs Vs No EDL 07-CV-0l658-PJH AG German Corporation Delaware AMERICA INC CORPORATION TOMORROWNOW INC Texas and DOES Corporation 150 Inclusive SAP SAP Defendants _________________/ VIDEOTAPED 30b RULE RICHARD Designee Volume HIGHLY CONFIDENTIAL Reported Job By WENDY OF CORPORATION ORACLE Tuesday DEPOSITION CUMMINS 23 September II 256 Pages 436 ATTORNEYS INFORMATION ARLEN 2008 CSR 4355 EYES CRR ONLY RMR 412497 Merrill Legal Solutions 800 8699132 f4294576.cc2c-45bf-9a42-2d77645a99c8 RICHARD HIGHLY CUMNINS INFOTION CONFTDENTIAL 23 September 2008 ATTORNEYS ONLY EYES 305 Page So where would they Calls MODONELL say dont you 1049 take us McDONELL cQuld get 12 their just too about systematic customer arid just would rep it because they this was is account know So ii Yes And they would 15 renewal 16 the 18 next they information 11 25 then information be This the them includes the on date start tº are customers working theyre given Im But gets into MS HOUSE You their know which Okay asked how MR 24 who any and this OKS In shows it the is which year given column 21 22 would date start 19 20 D49 be sales support 13 1049 to start with information this would Just So Okay it 10z49 dont know you it through 10 if Its overbroad you if speculation know MR this for hgin MS HOUSE -I column in that get MS HOUSE 1048 amount revenue example for is it OKS Thats got into 4cDONELL preOKS want not this This how in what the OXS particular report is him asked you report riot frotn OKS right to know Merrill Legal 800 not about whats talking where the information came Solutions 8699132 f429457 B-cc Zc-45 bf-9a42.2d77 645a99c RICHARD CUMMINS September CONFIDENTIAL declare the foregoing ____________ true is under and cia penalty 23 2008 of perjury correct Subscribed this/S- day that at of 2008 Signature Witness 13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 434 Merrill Legal 800 Solutions 869-132 CERTIFICATE hereby LoLeqoinq deposition whoLe the said me by and therein was witness 11 computer under That 13 revi ow of 14 request ed 15 deponent 16 period stated tell but truth the are either 19 deposition nor in 20 this cause and that 21 parties the supervis ion of any way am by ion was riot the made by reporter dur mg the hereto that of the not of counsel parties to the said of am interested in the event related to any of riot thereto DATEDQC1Oe2 24 WENDY the depos the any of typewriting to chaniqes certify or time testimony the any to the 23 25 in in down person was appended attorney taken was and ipt provided 18 22 to reduced compie requested further for sworn that direction before aUowed 17 and thereafter my If arid the nothing deposition transor the arid in duly disinterested shorthand aa id me by witness the cause That 10 was truth withinentit1ed place that certify Reporter Shorthand Certi fled ARLEN WENDY truth REPORTER OF ARLEN CSR No 4355 2008 the or HIGHLY RICHARD CUMMINS September 23 2008 ATTORNEYS EYES INFORMATION CONFIDENTIAL ONLY Page UNITED STATES COURT DISTRICT DISTRICT NORTHERN 256 CALIFORNIA OF FRANCISCO DIVISION SAN --000-Delaware CORPORATION USA INC Corporation ORACLE and Colorado Corporation INTERNATIONAL CORPORATION ORACLE California Corporation ORACLE Plaintiffs No Vs EDL 07CV--0l658--PJH AG German Corporation Delaware INC AMERICA CORPORATION TOMORROWNOW INC and DOES Texas Corporation 150 Inclusive SAP SAP Defendants ______________________________________________________/ VIDEOTAPED 30b RULE RICHARD CUMMINS September 23 Designee Tuesday II Volume CONFIDENTIAL Reported Job By 256 Pages ARLEN 2008 436 ATTORNEYS INFORMATION WENDY OF CORPORATION ORACLE HIGHLY DEPOSITION CSR 4355 EYES CRR ONLY RMR 412497 Merrill Legal 800 Solutions 8699132 f4294576-cc2c-45bf-9a42-2d77645a99c8 RICHARD HIGHLY CUMMINS 2008 EYES ATTORNEYS INFOR14ATION CONFIDENTIAL 23 September ONLY 320 Page email the from you Yes Can Its 111-0 third that identify you e-mail an that of current the this Is was went that --- and list party distribution highlights please it to the some gave report that report did you on regular basis Yes 1110 How 10 ii like 1110 It or latest 19 how wquld third 18 1110 you with report here riSk it the at which 22 summary was risk would what risk at is the anaiysis. with typically the attached says typically send points it but work you 21 suiumary analysis send see out out some kind here bullet of some bullets 24 25 is think 23 1111 framer along it that at party along 20 time would So report send said Yes 16 1-7 cut mont.hly Would report the on depends roughly roughly 14 15 send you this 12 13 would frequently want risk to make report sure was 4erri11 we you covered were clear intende4 Legal 800 this capture little The before third but party at informatipn by Solutions 8699132 f429457 6cc2c45bf9 a42.2d 77 645a9 Oca RICHARD HIGHLY September 23 2008 ATTORNEYS EYES INFORMATION CUFTh4INS CONFIDENTIAL ONLY 321 Page customers for who that is any reason MS HOUSE 1112 inisatates were provider which was MR II looking 74 on 15 know list it vendors 21 did also it self asked indicated and customer could that indicating as they they were would ended they situations of is that anweted yeah then provider be include support If number McDONELL customers such up you the way they but they go had talked to at In who least went Microsoft to as other the of reports software you familiar with am 23 And 24 MS HOUSE 25 Are one that 22 1112 third party provider reflects 20 It bhose for to going Objection report third party of to going third party at this answered and designed customer if MR 1112 Arid WITNESS in any on got 17 of HOUSE before this asked primarily TomorrowNow THE said risk at MS 12 1112 risk was It McDONELL at 11 support right WrTNESS that 1.0 Oracle leaving Objection customers customers of testimony his THE 1112 risk at were vague and what would Legal 800 the Objection overbroad Merrill be Ycu can there circumstance calls for speculation answer Solutions 8699132 f429457 6-cc 2c-45bf-9a42-2d77645a 99c RICHABD CUNHINS September CONFIDENTIAL declare the under penalty 23 2008 of perjury true is _____________ and correct Subscribed this/S_- foregoing day that at of 2008 SignaLure Witness 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 434 Merrill Legal Solutions 800 869-9132 WENDY Ioreqorng deposition whole the me and 10 11 by there said witness the of 13 review 14 requested 15 deponent 16 period arid for before but truth the taken the in reduced and on comple to the of the was deposit was deposition nor in 20 this and that 21 parties way am the by dui ing of counsel of the parties to the said of am interested in the event related to any of not thereto DATEDQCi2 23 24 WENDY the not certify that any tori hereto appended any the riot made reporter or of supervision the either time ting by typewsi to are the at testimony chanqes 19 25 the in down person any attorney 22 tell reques ted 18 cause to that direction my further 17 and thereafter provided allowed sworn was deposition transcript If the nothing stared in was That and in duly disinterested under .omputer me by witness the cause said shorthand place was truth withirient.iL1ed That that certify hereby Shorthand Certified ARLEIl Reporter truth REPORTER OP CERTIFIC1\TE ARLEN CSR No 4355 2008 the or HIGHLY RICHARD CUMMINS September 16 2008 ATTORNEYS EYES ONLY INFORMATION CONFIDENTIAL sage UNITED STATES NORTHERN DISTRICT CALIFORNIA OF FRANCISCO SAN COURT DISTRICT DIVISION --00 0-Delaware CORPORATION ORACLE USA INC Corporation and Colorado Corporation INTERNATIONAL ORACLE CORPORATION California Corporation ORACLE Plaintiffs No Vs EDL 07-CV01658-PJH AG German Corporation Delaware AMERICA INC TOMORROWNOW INC CORPORATION and DOES Texas Corporation 150 Inclusive SAP SAP Defendants ______________________________________________________ VIDEOTAPED 30b RULE ORACLE RICHARD CUMMINS September Tuesday 16 Volume CONFIDENTIAL Reported Job 412495 By WENDY Merrill OF CORPORATION Designee HIGHLY DEPOSITION 255 Pages ATTORNEYS INFORMATION ARLEN Legal 800 2008 CSR 4355 EYES CRR ONLY RMR Solutions 8699132 e6a0856a-Oee4-4b35-al bf-ca2Oaf8a26bc HIGHLY September 16 2008 RICHARD CUMMINS ATTORNEYS EYES INFORMATION CONFIDENTIAL ONLY 74 Page customer MR It In In know talked 10 interest 11 need or Is the the-re 11 that 14 communications customers With 16 Any we months three do their of terms in general customer Yes tjhhuh 1041 They about their 25 in is the the Do have their on there with official in renewals any are reps communications Thats 23 24 that that recordkeeping 22 ilotes keep Beyond 20 just in Yeah 17 and standard recordkeeping of to you some is next the very customer the given customers with 15 1042 kind be there to in supposed are reps and is rep simply be could them some Gould it talked with the feedback customer know you back to 12 1-041 the to have customers the its others it the what will it youve Does there on with the yeah spreadsheet the explains on depends be could is been sifruaticris some detailed 1041 that have communications So detail much narrative Like there sure MoDONELL how described 1O4L Im So kind OKS of to supposed maintair customers process is to keep them 015 you Merrill Legal 800 access to that OKS data Solutions 8699132 eGaOSSSa.0ee44b35.al bfcaZOafOa26bc CUMMINS september 16 2008 ATTORNEYS EYES INFORMATION CONFIDENTIAL RICHARD HIGHLY ONLY 75 Page Ido So youre out terms be to wanted to look Waste what would for assigned would them conversation the there if and you stood iii come to you with who rep license is license rep you just have they were out that contact sales support And you mean Okay 12 is Cep well as verbal them would 1042 What 15 could 16 you LI written do is look at would records The 19 Anything 20 Mow 22 all to go discussed No 23 Why Q. As 24 25 spreadsheet custotners we and What records written you sidk No 21 if what if 18 1043 going and information would of sources things was Management contact responsible 1043 where on find status Management Waste to to 1042 11 with wanted you the in apprised fully Oracle If e2cawple interested very whether of back an discussions Oracles 1042 me give else about information on the database OKS riot said the 0KB is focused on existing existing renewals Merrill Legal 800 Solutions 8699132 eOaOSS6a.0ee44b35-al bI.ca2OafBa2Bbc MR break 16 September CUMMINS CONFIDENTIAL RICHARD the for Counsel McDONELL See day next you Im 2008 to then Thank you going week sir This VIDEOGRAPHER videotape Going four number Cummins 1701 off the in the the end depositiOn of marks record the time of Richard is 502 --o0o-the Whereupon 502 declare the foregoing under is and true _____ California 19 adjourned at -o0o- 12 15 was p.m 10 13 deposition ____________ of penalty Subscribed correct this perjury f.Sdaj that at of 2008 Signature of Witness 20 21 22 23 24 25 253 Solutions Merrill Legal 8699132 800 Errata Deposition of Rick Cummins Sheet 16 2008 September Reason Page Line Change 41 21-22 Change Juans manager to responsibility Juan is responsible is service Clarification delivery for service delivery managers Change No havent havent 14 124 talked to talked hundreds to customers to No Clarification of customers about TomorrowNow Change less 151 23 174 Change more to welcome 176 Change Hutton 207 Change Change were 22 219 245 14 to the Change above to new IP to Oracle Correction Hunt Correction Correction Murquia to to renew does or Correction Correction doesnt IT changes I5ertfy Signref 726S7826.I to Change or doesnt 232 Subject McGee to Correction that Correction the transcript is true and correct ______ te CERTIFICATE OF REPORTER 1 I, 2 WENDY E. AELEN, a 3 Reporter, hereby certify the witness in the 4 foregoing deposition was by me duly sworn to tell 5 truth, 6 within-entitled cause; the whole that Certified Shorthand truth and nothing but That said deposition was 7 8 shorthand by me, 9 and place therein 10 said witness was 11 computer, a the stated, and that thereafter truth in the taken down disinterested person, the reduced to the at in the time testimony of the typewriting, by under my direction and supervision. 12 That before completion of [X I 13 reviei.<J of the transcript 14 requested. 15 deponent 16 the deposition, period a1loi..Jed are appended hereto. If requested, (and provided to 17 I further was was any chanqes made by the the certify reporter) that I during attorney for either or any of the parties 19 deposition nor in any way 20 this 21 parties 22 23 24 25 and that I thereto. OAT ED : the am not of counsel or 18 cause not to the said interested in the event of am not related to any of the ~~ _o_~tQb~~-1--=---, 2008 HIGHLY September 23 2008 RICHARD CUMMINS EYES ONLY ATTORNEYS INFORMATION CONFIDENTIAL Page UNITED STATES CALIFORNIA OF FRANCISCO SAN COURT DISTRICT DISTRICT NORTHERN 256 DIVISION --OOoDelaware CORPORATION USA INC ORACLE Corporation and Colorado Corporation CORPORATION INTERNATIONAL ORACLE ORACLE California Corporation Plaintiffs No Vs EDL 07-CV-0l658PJH AG German Corporation Delaware AMERICA INC TOMORROWNOW INC CORPORATION and DOES Texas Corporation 150 Inclusive SAP SAP Defendants ______________/ VIDEOTAPED 30b RULE ORACLE RICHARD Tuesday Volume CONFIDENTIAL Reported Job By CUMMINS 23 September II 256 Pages ARLEN 2008 436 ATTORNEYS INFORMATION WENDY OF CORPORATION Designee HIGHLY DEPOSITION CSR 4355 EYES CRR ONLY RMR 412497 Merrill Legal 800 Solutions 8699132 f4294576-cc2c-45bf-9a42-2c177645a99c8 CUMMINS September 23 2008 ATTORNEYS EYES INFORMATION CONFIDENTIAL RICHARD HIGHLY ONLY 269 Page DO Seth would she 1O03 to So can sure fot the into the take to process that put when answer manual and time of course the aver know emails those occurred that oze it was Ar-id from best dont but assume them kept the be when know you data Access database thats Yeah 1003 that too 10 how it sales the 12 what 13 because HOJSE THE toLd r.e email WITNESS that she MR to Beth in lost record best smail of itself translation calls Objection given spectlatioP fot talked the 23 best 24 customers give Z5 have theres could Merrill it pasted in came Beth from directly What Okay the about information was So and cut Thformation the else did talk you about 22 we The MaDONFILL Shippy We 1004 be the was saying he me database the into 19 20 thats and overbroad 16 1001 was MS with agree could something 14 17 you rep email an through week last discussed we database the wo1d So 11 15 int gets in comes it what get you it what 800 came from Customers they certainly Legal limitation not want limitations she what customers were want of you you with as know to that Solutions 8699132 f429457 6_oc2c.4Sbf-9a42-2d77M6a99c8 September 23 2008 CUMMINS ATTORNEYS EYES INFORMATION CONFIDELTIAL RICHARD HIGHLY ONLY 270 Page sales overall job or 1004 die year course as good what Are 10 13 didnt 14 customers 15 their spend you only didnt they said to back part captured an Fm we they isnt this they of subset their if gave of part everything got next under the point with Beth riot certain nonU.S that but the for primarily responsible from got information we whats was America information was based the sales there out know you that its So only reps asked we as good as back But reps that this know discussed was lB 24 us that going as Then limitations you what was information the but Okay 22 the in did daily job 16 Notth they of course the irifonnation tell saying anythin.g over SQ to day sales her gave give every or job as So typically what of part not information the 25 Fm id that renewals trying you No 12 20 they necessarily always 11 11 is task force was know you normal their as 10 10OS this So of have their of part as there solely hundred several has that that would rep rep l0O5 that anything sales wasnt It this reported reps you did globally Legal for Information from sales true Merrill ask 800 Solutions 8699132 f429457 S.cc2c4S bf-9a42-2d7 45a 99 cB RICHABD CUNMINS September CONFIDENTIAL declare the foregoing is true under and ________ 2008 of penalty perjury Subscribed correct this _____________ 23 /S- day that at of 2008 Signature oL Witness 11 12 13 14 15 16 17 58 19 20 21 22 23 24 25 434 Merrill Legal 800 Solutions 8699132 cent hereby was deposition truth whole the truth said That me by and therein witness said 11 computer was under stated roiew i4 15 deponent 16 period the and supervis the the reporter further either 19 deposition nor in 20 this cause and that 21 parties that certify or any any way am not the during of the not of counsel parties to the said of am interested in the event related to any of not thereto DATED 2008 23 24 WENDY the hereto appended are orL depos.i mode by to by fort Was was the of typewriting to ot time the at testimony the chanqes attorney 25 in in down son per any 18 22 the truth the taken was completion provided allowed for but requested Ii 17 tel.t reduced ranscripL and to that direction my before requested of and thereafter the 13 sworn duly mt crested That 12 the nothing deposition dis shorthand 10 and in cause withinentitled place me by witness the that fy Shorthand Certified ARLEN WENDY Reporter REPORTER OF CERTIFICATE ARLEN CSR No 4355 the or ELIZABETH HIGHLY SHIPPY ANN CONFIDENTIAL September 25 ATTORNEYS INFORMATION 2008 EYES ONLY Page UNITED STATES DISTRICT NORTHERN SAN COURT DISTRICT CALIFORNIA OF FRANCISCO DIVISION --OOoDelaware CORPORATION ORACLE USA INC Corporation Colorado and Corporation INTERNATIONAL CORPORATION ORACLE California Corporation ORACLE Plaintiffs No Vs EDL 07-CV-01658-PJH AG German Corporation Delaware AMERICA INC TOMORROWNOW INC CORPORATION and DOES Texas Corporation 150 Inclusive SAP SAP Defendants ______________/ VIDEOTAPED 30b RULE ORACLE Thursday CONFIDENTIAL Reported Job By ANN 25 September INFORMATION WENDY OF CORPORATION ELIZABETH Designee HIGHLY DEPOSITION ARLEN SHIPPY 2008 ATTORNEYST CSR 4355 EYES CRR ONLY RMR 413273 Merrill Legal 800 Solutions 8699132 69e62006-fda5-433a.9192.ebecbdl793da ELIZABETH HIGHLY SHIPPY ANN 2008 EYES ATTORNEYS INFORMATION CONFIDENTIAL 25 September ONLY Page 106 report DO that see you do 1129 What to the separate that report referred is there going .6 which 1129 is is report portal the on back our to will see you 79 Exhibit page cancellations tber.e Okay Oracle So risk report 11 12 And 13 accounts 14 1129 at the risk report that were being And Okay that JE always at cancellation is was that there always were ever doing an cancellations their HOUSE 20 THE WITNESS others 22 to looked really at two exist that and then at focus to going the on only Theres theres the the one risk at correct MS 21 was those are reports 19 1130 tracks we ToniorrcwNow so 15 1130 before long Calls speculation know it thereTs definitely aware of these- Yeah Im these for dont two MS WALLACE 23 24 25 but two that aware youre Okay So those are the only of Correct Merrill Legal 800 Solutions 8699132 B9e62006-fda5.433a-91 92-ebecbdllO3da Repoller hereby forequl ng dopus ion me and therein witness 11 computer That review the at 14 requested 15 deponent 16 period stated and before tell but truth the and are either attorney 19 deposition nor in 20 this cause and that 21 parties the any way am of the by supervision of the deposition not was made reporter the by during the hereto not of counsel parties to the said of am that of the interested in the event related to any of not thereto DATED 2008 24 WENDY time typewriting to the any in the at 23 25 the in testimony changes certify or the any appended 18 person was to down taken was completion requested further for to reduced direction my provided allowed sworn that transcript If 17 and thereafter was under 12 the duly dis interested by said in nothing said deposition shorthand 10 witness the mu by Shorthand cause That place was truth and whole withinentitled 22 that certify th Certified ARLEN WENDY truth REPORTEP OF LETIFICATIi ARLEN CSR No 4355 the or Errata Sheet Deposition of Elizabeth Shippy September 25 2008 Reason Page Line Change 30 20 Change Oracle contracts for service to Oracle Contract Correction contracts for service to Oracle Contract Correction System 31 11-12 Change Oracle System Subject to the above changes certify that the transcript is true and correct ionfo Sixjature A727I782 date ELIZABETH HIGHLY SHIPPY ANN CONFIDENTIAL Whereupon 1150 the ATTOPNEYS was deposition 2008 EYES ONLY adjourned at a.rn declare the 25 September INFOPMATION foregoing ____________ __________ is true under of perjury corect Subscribed this and California penalty day ____ that at of 2008 Signature 11 of tness 14 24 114 Merrill Legal 800 Solutions 8699132

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