Oracle Corporation et al v. SAP AG et al

Filing 350

*** FILED IN ERROR. PLEASE SEE DOCKET # 354 . *** Declaration of Chad Russell in Support of 348 MOTION for Leave to File Amended Complaint filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc.. (Attachments: # 1 Exhibit Exhibits A thru T)(Related document(s) 348 ) (Howard, Geoffrey) (Filed on 7/15/2009) Modified on 7/20/2009 (ewn, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 350

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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: 415.393.2286 [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 USA, Inc., Oracle International Corporation, and Oracle EMEA Limited UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE USA, INC., et al., v. Plaintiffs,

No. 07-CV-1568 PJH (EDL) DECLARATION OF CHAD RUSSELL IN SUPPORT OF ORACLE'S MOTION TO AMEND COMPLAINT Date: Time: Courtroom: Judge: August 19, 2009 9:00 a.m. 5, 17th Floor Hon. Phyllis J. Hamilton

SAP AG, et al., Defendants.

DECLARATION OF CHAD RUSSELL IN SUPPORT OF ORACLE'S MOTION TO AMEND COMPLAINT
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I, Chad Russell, declare as follows: 1. I am an associate at the firm of Bingham McCutchen LLP, counsel of

record for Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited (collectively, "Oracle") in this action. I make this declaration based on my personal knowledge from my representation of Oracle and could and would testify competently to the facts stated herein if called upon to do so. 2. Attached as Exhibit A are true and correct copies of excerpts from the

transcript of the deposition of Mark Kreutz as TomorrowNow's Rule 30(b)(6) witness, taken on or about October 30, 2007 in this action. Oracle has supplied the highlighting. 3. Oracle served a Second Set of Interrogatories to Defendants on or about

November 27, 2007 in this action. Defendants served their responses to those interrogatories on or about December 27, 2007. Defendants then served Amended and Supplemental Responses to the same interrogatories on or about May 22, 2009. For the Court's convenience, attached as Exhibit B are true and correct copies of excerpts from only the Amended and Supplemental Responses, which additionally reflect the text of both Oracle's original Interrogatories and Defendants' December 2007 Response. 4. Attached as Exhibit C is a combined list derived from two sources: · Defendants' SAS Database, and representing products and releases supported by Defendants for the PeopleSoft, JDE, and Siebel Product lines; and · the "screenshots" produced by Defendants by email on or about May 1, 2009 (see ¶ 23 below), and representing versions of Oracle database products which may have existed on Defendants' systems. 5. Attached as Exhibit D is a true and correct copy of a printout of a

spreadsheet produced by Defendants in this action and Bates-labeled (according to the production cover letter) as TN-OR00169315. It has been formatted for printing, including by adding the "No." column to number the environments for the Court's convenience. 6. Attached as Exhibit E are true and correct copies of excerpts from the

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transcript of the deposition of John Baugh as TomorrowNow's Rule 30(b)(6) witness, taken on or about February 6, 2008 in this action. Oracle has supplied the highlighting. 7. Attached as Exhibit F is a true and correct copy of a printout of a

spreadsheet produced by Defendants in this action and Bates-labeled (according to the production cover letter) as TN-OR06515456. It has been formatted for printing, including by adding the "No." column to number the environments for the Court's convenience. 8. Oracle received the following productions from Defendants on or about

the dates indicated, and designated by the accompanying cover letters as follows: · · · 9. "BakTrak files" - April 20, 2009; "SAS database" - March 6, 2009; "DotProject files" - May 8, 2009.

Attached as Exhibit G is a true and correct copy of a printout of a view

from Defendants' SAS Database, as produced by Defendants on or about March 6, 2009. Oracle has supplied the highlighting. 10. Attached as Exhibit H is a true and correct copy of a printout of a view

from Defendants' SAS Database, as produced by Defendants on or about December 4, 2007 (and corresponding to the view referenced in ¶ 9 above). 11. Attached as Exhibit I are true and correct copies of excerpts from the

transcript of the discovery hearing held by Magistrate Judge Laporte on November 25, 2008. Oracle has supplied the highlighting. 12. As of the execution of this declaration, Oracle has received productions

from Defendants Bates-labeled up through approximately the following numbers - SAPOR00787867 and TN-OR06997289. These combined productions indicate a production of approximately 7,785,156 pages. This is only a rough approximation, as there are a number of exceptions to the "one Bates-number equals one-page" rule, including that many large spreadsheets and databases are assigned only one Bates number. Defendants' production cover letters and assigned Bates numbers as of January 1, 2009 (approximately SAP-OR00581938 and TN-OR03712543) indicate that Defendants have produced approximately 3.5 million pages thus 2
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far in 2009. 13. One of the hard drives produced by Defendants on or about March 6, 2009

(see ¶ 8 above) as the SAS database, was assigned the Bates-number TN-OR04446719. The combined size of the files on this drive is approximately 21.6 gigabytes. 14. According to the production cover letters, since January 1, 2009,

Defendants' productions have included documents corresponding to custodians in the table below, which also shows the individual's job title as indicated on Defendants' organizational charts or customer lists:
John Baugh Shelley Blackmarr Patti VonFeldt Larry Garcia Desmond Harris Peggy Lanford Keith Larsen Beth Lester Kimberley Martinez Adrianne McMillan Sharon Piper Elouise Plain Roberto Porfirio Keith Shankle Pete Surette Siew Hee Wong Environments Manager Consultant II, Senior Support World Development PSFT Quality Assurance Manager IT Analyst Senior Tech Services Analyst Senior SA Developer Specialist IV, Quality Management HCM QA Lead Tech / CRM Support Engineer HCM Support Engineer Lead Financials/Payroll/HR Engineer Technical Engineer Technical Engineer Distribution Engineer Technical Engineer

15.

Attached as Exhibit J are true and correct copies of excerpts from

Defendants' Motion to Compel Discovery Relevant to Plaintiffs' Copyright Claims, filed with the Court on or about April 14, 2009 in this action as entry 294 on the Docket. Oracle has supplied the highlighting. 16. Attached as Exhibit K is a true and correct copy of Magistrate Judge

Laporte's Order Granting Defendants' Motion to Compel Discovery Relevant to Plaintiffs' Copyright Claims, entered by the Court on or about June 26, 2009 in this action as entry 328 on the Docket. Oracle has supplied the highlighting. 17. Attached as Exhibit L are true and correct copies of excerpts from

Defendants' Reply in Support of Their Motion to Compel Discovery Relevant to Plaintiffs' 3
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Copyright Claims, filed with the Court on May 5, 2009 in this action as entry 302 on the Docket. Oracle has supplied the highlighting. 18. Attached as Exhibit M is a true and correct copy of a document produced

by Defendants in this action and Bates-labeled TN-OR01019046. Oracle has supplied the highlighting. 19. Attached as Exhibit N is a true and correct copy of a document produced

by Defendants in this action and Bates-labeled TN-OR01029402-08. Oracle has supplied the highlighting. 20. Because of the large number of documents produced by Defendants on an

ongoing basis, Oracle uses search terms based on the operative issues in the case to reduce the review sets. Reviews are prioritized based on upcoming immediate needs, which typically relate to deposition preparation. 21. On or about February 8, 2009, while preparing for the deposition of Greg

Nelson on February 19, 2009, I came across TN-OR01019046 and TN-OR01029402 (see ¶¶ 1819 above). As soon as I found them I circulated them internally and Oracle began to investigate the issues raised by the documents. These documents were included in a production from Defendants in March 2008 consisting of approximately 176,916 pages. 22. Attached as Exhibit O is a true and correct copy of a document produced

by Defendants in this action and Bates-labeled TN-OR00434268. Oracle has supplied the highlighting. 23. Attached as Exhibit P are true and correct copies of printouts of

"screenshots" sent to Oracle by Defendants via email on May 1, 2009. 24. Attached as Exhibit Q are true and correct copies of excerpts from the

transcript of the deposition of George Lester, taken on or about April 23, 2009 in this action. Oracle has supplied the highlighting. 25. Attached as Exhibit R is a true and correct copy of a printout of Plaintiffs'

and Defendants' Joint Administrative Motion to Modify May 5, 2008 Case Management Order, filed with the Court on May 12, 2009 in this action as entry 304 on the Docket. 4
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