Oracle Corporation et al v. SAP AG et al

Filing 403

Declaration of Jason McDonell in Support of 402 Reply Memorandum In Support of Defendants' Motion to Compel Production of Financial Information of Plaintiffs filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1-9)(Related document(s) 402 ) (McDonell, Jason) (Filed on 8/4/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 403

Case4:07-cv-01658-PJH Document403

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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 REPY DECLARATION OF JASON McDONELL IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PRODUCTION OF FINANCIAL INFORMATION OF PLAINTIFFS EX. 8 REDACTED Date: August 18, 2009 Time: 2:00 p.m. Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte
SFI-616032v1 REDACTED REPLY McDONELL DECL. ISO OF MOT. TO COMPEL Case No. 07-CV-1658 PJH

Dockets.Justia.com

Case4:07-cv-01658-PJH Document403

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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. Attached hereto as Exhibit 2 is a true copy of excerpts from Defendants' Motion Attached hereto as Exhibit 1 is a true copy of an August 4, 2009 email from Holly

to Compel No. 1 letter brief to Judge Legge. 3. Attached hereto as Exhibit 3 is a true copy of excerpts from Oracle's Opposition

to Defendants' Motion to Compel No. 1 letter brief to Judge Legge 4. Attached hereto as Exhibit 4 is a true copy of excerpts from my October 9, 2008

letter to Zachary Alinder. 5. Attached hereto as Exhibit 5 is a true copy of the cover page and page 66 from a

transcript of the October 10, 2008 Discovery Conference. 6. Attached hereto as Exhibit 6 is a true copy of the cover page and pages 56-58

from a transcript of the January 8, 2009 Discovery Conference. 7. Attached hereto as Exhibit 7 is a true copy of a January 13, 2009 email from

Zachary Alinder. 8. Attached hereto as Exhibit 8 is a true copy of Plaintiffs' Second Supplemental

Responses and Objections to Defendants' "Second" and "Third" Targeted Search Requests. 9. Attached hereto as Exhibit 9 is a true copy of the cover page and page 166 from

the transcript of the deposition of Ms. Kishore. 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 4th day of August 2009 in San Francisco, California.

/S/ Jason McDonell Jason McDonell
SFI-616032v1 REDACTED REPLY McDONELL DECL. ISO OF MOT. TO COMPEL Case No. 07-CV-1658 PJH

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