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)

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

[e-mail]

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