Oracle Corporation et al v. SAP AG et al

Filing 264

Declaration of Jason McDonell in Support of 262 Response in Support of Motion to Compel Discovery Concerning Third Party Support Provided by Oracle's Partners filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1-4)(Related document(s) 262 ) (McDonell, Jason) (Filed on 1/27/2009)

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Oracle Corporation et al v. SAP AG et al Doc. 264 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 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com 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 tglanier@jonesday.com jfroyd@jonesday.com 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 swcowan@jonesday.com jlfuchs@jonesday.com 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 REPLY DECLARATION OF JASON MCDONELL IN SUPPORT OF MOTION TO COMPEL DISCOVERY CONCERNING THIRD PARTY SUPPORT PROVIDED BY ORACLE'S PARTNERS Date: February 10, 2009 Time: 2:00 PM Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte REPLY MCDONELL DECL. ISO OF REPLY Case No. 07-CV-1658 PJH Dockets.Justia.com 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, JASON MCDONELL, declare: I am a partner with the law firm of Jones Day and counsel for Defendants in the abovecaptioned matter. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached hereto as Exhibit 1 is a true and correct copy of pages downloaded from CedarCrestone's website. For ease of reference, I have caused the pages to be numbered pages 1 through 14. 2. I am informed and believe that George Weston Bakeries and Integris Health are former customers of TomorrowNow, which based upon disclosures on CedarCrestone's website, are now customers of CedarCrestone. See Exhibit 1, pp. 10-14. 3. Attached hereto as Exhibit 2 are true and correct copies of excerpts from a transcript of the January 8, 2009 discovery conference before this Court. 4. Attached hereto as Exhibit 3 is a true and correct copy of Plaintiffs' Responses and Objections to Defendant TomorrowNow Inc.'s Third Set of Interrogatories (redacted to remove material claimed by Plaintiffs to be confidential). 5. Attached hereto as Exhibit 4 is a true and correct copy of a page from a document produced by Plaintiffs during discovery in this case (redacted to remove material claimed by Plaintiffs to be confidential), Bates numbered ORCL00079745. 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 27th day of January 2009 in San Francisco, California. /s/ Jason McDonell Jason McDonell 2 REPLY MCDONELL DECL. ISO OF REPLY Case No. 07-CV-1658 PJH

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