Oracle Corporation et al v. SAP AG et al

Filing 195

STATUS REPORT Joint Regarding Meet and Confer Progress Relating to the Time Range for Discovery by SAP AG, SAP America Inc, Tomorrownow Inc. (McDonell, Jason) (Filed on 10/24/2008)

Oracle Corporation et al v. SAP AG et al

Doc. 195

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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] 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

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: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 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.

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 (EDL) JOINT STATUS REPORT REGARDING MEET AND CONFER PROGRESS RELATING TO THE TIME RANGE FOR DISCOVERY Date: N/A Time: N/A Courtroom: N/A Judge: Hon. Elizabeth D. Laporte
JOINT STATUS REPORT Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Plaintiffs Oracle Corporation, Oracle USA, Inc., and Oracle International Corporation (collectively, "Oracle") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, "Defendants," and with Oracle, the "Parties") hereby submit this Joint Status Report Regarding Meet And Confer Progress Relating To The Time Range For Discovery. Paragraph 3 of this Court's October 16, 2008 Order Following Discovery Conference states that "The parties shall continue to meet and confer regarding the time range for discovery. If the parties cannot reach an agreement, the parties shall provide a joint statement regarding their dispute to the Court no later than October 24, 2008." The purpose of this status report is to advise the Court of the parties' meet and confer progress on that issue. The Parties continue to meet and confer on the timing and scope of production in response to requests for production, interrogatory responses and targeted searches beyond the previouslyagreed discovery time ranges. As the Court is aware, the Parties agreed at the start of discovery to a presumptive January 1, 2004 front-end cut-off date for responsive materials, with a further agreement that certain topics or later discovery may warrant adjustments to this general rule. Oracle's recently-filed Third Amendment Complaint alleges wrongdoing dating back to 2002 and post-dating the filing of the original Complaint. The Parties continue to agree that it may be possible and appropriate for the Parties to locate and produce certain limited categories of responsive documents, from certain custodians and document sources, that date back to at least January 1, 2002, as well as certain limited categories of documents post-dating the filing of this action. On October 10, 2008, Oracle provided a written proposal regarding the expansion of the time ranges for discovery related to certain topics. Defendants provided a written counterproposal on October 23, 2008 and the parties continued to meet and confer on this issue that same day. Progress has been made, but a final agreement has not been reached. Therefore, the parties have committed to continue to meet and confer during the week of October 27, 2008, with the goal of either reaching resolution on this issue by November 7, 2008 or on that date providing a joint statement to the Court of any remaining disputes on this topic. The parties remain hopeful that they can resolve this issue by agreement, without the need for Court intervention. -1JOINT STATUS REPORT Case No. 07-CV-1658 PJH (EDL)

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DATED: October 24, 2008

JONES DAY

By:

/s/ Jason McDonell Jason McDonell Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, 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 24, 2008 BINGHAM McCUTCHEN LLP

By:

/s/ Holly A. House Holly A. House Attorneys for Plaintiffs Oracle Corporation, Oracle International Corporation, and Oracle USA, Inc.

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JOINT STATUS REPORT Case No. 07-CV-1658 PJH (EDL)