Oracle Corporation et al v. SAP AG et al

Filing 181

STIPULATION For Oracle to File Third Amended Complaint by Oracle International Corporation, Oracle Corporation, Oracle USA Inc.. (Howard, Geoffrey) (Filed on 10/8/2008)

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

JONES DAY ROBERT A. MITTELSTAEDT (SBN 060359) JASON McDONELL (SBN 115084) 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] JONES DAY THARAN GREGORY LANIER (SBN 138784) JANE L. FROYD (SBN 220776) 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] JONES DAY SCOTT W. COWAN (Admitted Pro Hac Vice) JOSHUA L. FUCHS (Admitted Pro Hac Vice) 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle Corporation, Oracle USA, Inc., and Oracle International Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, v. Plaintiffs, Case No. 07-CV-1658 PJH (EDL) STIPULATION FOR ORACLE TO FILE THIRD AMENDED COMPLAINT

SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants.
Case No. 07-CV-1658 PJH (EDL)

STIPULATION FOR ORACLE TO FILE THIRD AMENDED COMPLAINT

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Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs Oracle Corporation, Oracle USA, Inc. and Oracle International Corporation ("Oracle") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants" and together with Oracle, the "Parties") jointly submit this Stipulation to permit Oracle to file its Third Amended Complaint. WHEREAS, Oracle filed its First Amended Complaint on June 1, 2007; WHEREAS, Defendants answered the First Amended Complaint on July 2, 2007; WHEREAS, Oracle filed its Second Amended Complaint on July 28, 2008; WHEREAS, Oracle wishes to make further amendments related to the plaintiff entities for each claim; WHEREAS, the Parties have stipulated to an extension of time for Defendants to respond to the Second Amended Complaint to allow Defendants to review and consider stipulating to the filing of Oracle's proposed Third Amended Complaint; and, WHEREAS, Defendants have reviewed the proposed Third Amended Complaint and consent to its public filing in the form they reviewed. NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Oracle be permitted to amend its Second Amended Complaint by filing its Third Amended Complaint. The Parties further agree that the Third Amended Complaint may be filed publicly; however, the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to documents, transcripts or other information referred to by, or that serve as the basis for, the allegations in the Third Amended Complaint. The Parties further stipulate that Oracle shall file its Third Amended Complaint within two calendar days of this Stipulation being signed, and Defendants shall respond to the Third Amended Complaint within seven calendar days after it is filed. /// /// /// /// 1
Case No. 07-CV-1658 PJH (EDL)

STIPULATION FOR ORACLE TO FILE THIRD AMENDED COMPLAINT

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IT IS SO STIPULATED. DATED: October 8, 2008 BINGHAM McCUTCHEN LLP

By:

/s/ Geoff Howard Geoff Howard Attorneys for Plaintiffs Oracle Corporation, Oracle International Corporation, and Oracle USA, Inc.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: October 8, 2008 JONES DAY

By:

/s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

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Case No. 07-CV-1658 PJH (EDL)

STIPULATION FOR ORACLE TO FILE THIRD AMENDED COMPLAINT