Oracle Corporation et al v. SAP AG et al

Filing 354

Declaration of Chad Russell in Support of 348 MOTION for Leave to File Amended Complaint CORRECTION OF DOCKET # 350 . filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T)(Related document(s) 348 ) (Russell, Chad) (Filed on 7/17/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 354 Att. 8

Case4:07-cv-01658-PJH Document354-9

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Exhibit I

Dockets.Justia.com

Case4:07-cv-01658-PJH Document354-9

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Hearing, Discovery before Judge Laporte 11/25/2008 12:00:00 PM

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MAGISTRATE JUDGE ELIZABETH D. LAPORTE ORACLE CORPORATION, a Delaware ) Case No. C07-1658 Corporation; ORACLE, USA, INC.,) PJH(EDL) a Colorado Corporation; and ORACLE INTERNATIONAL CORPORATION, a California Corporation, ) Plaintiffs, ) ) vs. ) FURTHER DISCOVERY ) CONFERENCE ) SAP AG, a German Corporation; ) SAP AMERICA, INC., a Delaware ) CORPORATION; TOMORROWNOW, INC.,) a Texas Corporation; and DOES ) 1-50, Inclusive, ) ) ) ) ) )

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Oracle_SAP

Defendants. ) _________________________ November 25, 2008 TRANSCRIPT OF AUDIO RECORDING OF DISCOVERY CONFERENCE )

TRANSCRIBED BY: FREDDIE REPPOND
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Hearing, Discovery before Judge Laporte 11/25/2008 12:00:00 PM
5 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 remotely. They don't have to go somewhere. THE COURT: Right. MR. COWAN: We first made available a total of 52 partitions of servers. It's a little less than -- a little less servers, but some servers have more than one partition on the hard drive; but at 52 partitions they completed that review in August. And of those 52, 32 of them they indicated that there were no files that they wanted copies of immediately; but there were 20 of those that they did want copies from. Then subsequently since mid-August until now we made available another net 15 partitions. And of those partitions we just got final confirmation from them today that that's complete. And so there's an ongoing effort on our part to produce copies that they tagged. The issue really that's in dispute here is the timing of the production of those copies. And to give the Court some feel for what volume we're talking about, to date Defendants have produced 4 -- over 4 million pages -- 4 million Bates-stamped pages of documents in this case. The tagged documents that they have out of this data warehouse are over 5 million files. So it is a huge number of -THE COURT: And the files may have more than one page, of course.

6 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 MR. COWAN: A file could be -- what is known as a TST file. And inside of that is a whole e-mail inbox that could be thousands if not tens of thousands of additional documents and pages. And so it does -there are some things that we can look at and say there's no need for a file-by-file review because there's no way this thing just by the nature of it could be privileged; and we are doing that. We're doing that in an expeditious way. It just takes time, given the volume. We have committed to everything they've tagged to review and produce in 90 days. Their position is that's not fast enough. Our position is we're going as fast as we can and still keeping the other productions on track. THE COURT: Well, are you doing it in some kind of phased way? In other words, the ones that you determine you don't have to review you're producing those quickly? MR. COWAN: Yes, we are. And the phasing that we're doing is we're letting them focus on what they want first and prioritize that. There was a partition on this TNFS01 that they said want pieces of that immediately; and that involved a lot of review on our part. But we did review it and we've gotten those

Oracle_SAP

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