Oracle Corporation et al v. SAP AG et al

Filing 144

Declaration of Scott W. Cowan in Support of 143 Stipulated Request to Extend Responsive Briefing Schedule filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Related document(s) 143 ) (Wallace, Elaine) (Filed on 8/7/2008) Modified on 8/8/2008 (far, COURT STAFF).

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Oracle Corporation et al v. SAP AG et al Doc. 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH DECLARATION OF SCOTT W. COWAN IN SUPPORT OF STIPULATED REQUEST TO EXTEND RESPONSIVE BRIEFING SCHEDULE Date: N/A Time: N/A Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte COWAN DECL. ISO STIP. REQ. TO EXTEND RESPONSIVE BRIEFING SCHEDULE Case No. 07-CV-1658 PJH(EDL) SFI-589163v1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, SCOTT W. COWAN, declare: I am a partner in the law firm of Jones Day, 717 Texas, Suite 3300, Houston, Texas, a member in good standing of the bar of Texas, admitted pro hac vice and counsel of record for Defendants SAP AG, SAP Americas, and TomorrowNow, Inc. in the above-captioned action. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. On July 25, 2008, the Court issued an Order setting a briefing schedule for Plaintiffs' Motion to Compel Production of Clawed Back Documents. Dkt. No. 130. The Order directed Plaintiffs to file their motion by August 1, Defendants to file their opposition by August 8, and Plaintiffs to file their reply by August 13. The Court did not set a hearing date for the motion, but indicated that it may hear the motion at the next discovery conference on August 28. 2. Plaintiffs' filed their motion on Friday afternoon, August 1, as scheduled, along with a related administrative motion to file the motion to compel and related exhibits under seal. Defendants' counsel then began work on their opposition/response to both motions, with the majority of work being handled by counsel located in Jones Day's Houston office. 3. On Monday morning, August 4, it became apparent that Tropical Storm Edouard was likely headed towards the Houston area, causing Jones Day's Houston lawyers, including myself, to interrupt their work on the opposition/response in order to prepare for the storm's arrival. On Tuesday, August 5, the storm made landfall near the Houston area, forcing Jones Day's Houston office to close that entire day and further frustrating Jones Day's Houston-based team's efforts to work on the opposition/response to Plaintiffs' motions. 4. As a result of the disruption caused by the approach and landfall of Tropical Storm Edouard, Defendants need a short extension of time to complete the opposition brief. 5. On August 7, 2008, I asked Geoff Howard, counsel for Oracle, if he would agree to extend the time for Defendants to file their opposition brief to Wednesday, August 13. Mr. Howard agreed, provided that Defendants would agree to provide Plaintiffs with an equivalent number of business days extension of the time for Oracle to file its reply briefs, to August 20. Defendants have agreed to that request. SFI-589163v1 2 COWAN DECL. ISO STIP. REQ. TO EXTEND RESPONSIVE BRIEFING SCHEDULE Case No. 07-CV-1658 PJH(EDL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. By agreement of the parties, the Court moved the cut-off of fact discovery in this case from June 25, 2008 to June 19, 2009. Dkt. Nos. 50 & 84. Other dates were also modified at the same time. Id. Given the short extension requested, I do not believe granting of this motion will have any material detrimental effect on the schedule for this case. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 7th day of August, 2008 in Houston, Texas. /S/ Scott W. Cowan SCOTT W. COWAN SFI-589163v1 3 COWAN DECL. ISO STIP. REQ. TO EXTEND RESPONSIVE BRIEFING SCHEDULE Case No. 07-CV-1658 PJH(EDL)

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