Oracle Corporation et al v. SAP AG et al

Filing 347

Declaration of Jason McDonell in Support of 346 MOTION to Compel Production of Financial Information From Plaintiffs filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1-14, # 2 Exhibit 15-19)(Related document(s) 346 ) (McDonell, Jason) (Filed on 7/14/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 347

Case4:07-cv-01658-PJH Document347

Filed07/14/09 Page1 of 4

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: [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 DECLARATION OF JASON McDONELL IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PRODUCTION OF FINANCIAL INFORMATION OF PLAINTIFFS EXS. 2, 6, 7, 8, 9, 10, 11, 18 & 19 REDACTED Date: August 18, 2007 Time: TBD Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte
SFI-614214v1

REDACTED McDONELL DECL. ISO OF MOT. TO COMPEL Case No. 07-CV-1658 PJH

Dockets.Justia.com

Case4:07-cv-01658-PJH Document347

Filed07/14/09 Page2 of 4

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 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. House to me. 2. Holly House. 3. Defendants' First Set of Document Requests to Plaintiffs was served on July 26, Attached hereto as Exhibit 2 is a true copy of a July 13, 2009 letter from me to Attached hereto as Exhibit 1 is a true copy of a July 10, 2009 letter from Holly

2007, the first day discovery was permitted to be served in this case. Attached hereto as Exhibit 3 is a true copy of the Plaintiffs' Responses and Objection to Requests Nos. 65 through 73 from Defendants' First Set of Document Requests to Plaintiffs. The requests were served on July 26, 2007. 4. Howard. 5. Attached hereto as Exhibit 5 is a true copy of the cover page and page 103 from Attached hereto as Exhibit 4 is a true copy of my June 2, 2008 letter to Geoffrey

Defendants' Deposition Exhibit 31 which, in turn, is a copy of Oracle Corporation's Annual Report on Form 10-K. 6. Attached hereto as Exhibit 6 are true copies of the cover page and pages 14-15,

43, 63-64 and 72-73 from the transcript of the deposition of Oracle Corporation presented by designee Ivgen Guner. 7. Attached hereto as Exhibit 7 is a true copy of the cover page and pages 179-180

from the transcript of the deposition of Safra Catz. 8. Attached hereto as Exhibit 8 is a true copy of the cover page and pages 69-70 and

170-179 from the transcript of the deposition of Corey West. 9. Attached hereto as Exhibit 9 is a true copy of the cover page and pages 47-49

from the transcript of the deposition of Lawrence Ellison.

SFI-614214v1

2

REDACTED McDONELL DECL. ISO OF MOT. TO COMPEL Case No. 07-CV-1658 PJH

Case4:07-cv-01658-PJH Document347

Filed07/14/09 Page3 of 4

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

10.

Attached hereto as Exhibit 10 is a true copy of the cover page, pages 177-180 and

194-196 from the transcripts of the deposition of Juergen Rottler. 11. Attached hereto as Exhibit 11 is a true copy of the excerpts from Defendants'

deposition Exhibit 445. 12. Attached hereto as Exhibit 12 is a true copy of the cover page and pages 46-51

from the transcript of the August 28, 2008 Discovery Conference. 13. Attached hereto as Exhibit 13 is a true copy of the cover page and pages 55-57

from the unofficial transcript of the January 8, 2009 Discovery Conference. 14. Attached hereto as Exhibit 14 are true copies of cover letters from Oracle's

counsel dated February 13, 2009, February 18, 2009, March 11, 2009 and March 26, 2009 which accompanied Plaintiffs' production of charts of accounts information. 15. Attached hereto as Exhibit 15 is a true copy of an exchange of email among

counsel dated April 29 and May 4, 2009 16. Attached hereto as Exhibit 16 is a true copy of Plaintiffs' Supplemental Responses

and Objections to Defendants' "Second" and "Third" Targeted Search Requests. 17. Attached hereto as Exhibit 17 is a true copy of Defendants' Deposition Exhibit

No. 244, which is Defendants' Amended Second Notice of Deposition of Plaintiff Oracle International Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6). 18. Alinder. 19. Attached hereto as Exhibit 19 is a true copy of the cover page and pages 16, 41, Attached hereto as Exhibit 18 is a true copy of my June 12, 2009 letter to Zachary

52, 63, 67, 78-79, 82-83, 94-95, 105-107, 122-126, 135, 150, 155, 159-160, 183-188, 195, 206, 208 and 222-226 from the transcript of the deposition of Oracle International Corporation presented by corporate designee Ms. Ann Kishore. 20. I have met and conferred with Plaintiffs' counsel concerning the issues raised in

this motion on numerous occasions over the course of the last year. Most recently, I have conferred by telephone on May 11, June 4 and July 10, 2009. I have also met and conferred in

3

REDACTED McDONELL DECL. ISO OF MOT. TO COMPEL Case No. 07-CV-1658 PJH

Case4:07-cv-01658-PJH Document347

Filed07/14/09 Page4 of 4

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

writing, including by not limited to, the correspondence included as Exhibits 1, 2, 4 and 18 to this declaration. 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 14th day of July 2009 in San Francisco, California.

/S/ Jason McDonell Jason McDonell

4

REDACTED McDONELL DECL. ISO OF MOT. TO COMPEL Case No. 07-CV-1658 PJH