Oracle Corporation et al v. SAP AG et al

Filing 600

Declaration of Jason McDonell in Support of 599 Memorandum in Opposition, to Oracle's Motion to Modify the Protective Order and to Compel Deposition Testimony and Further Responses to Requests for Admission filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A)(Related document(s) 599 ) (McDonell, Jason) (Filed on 1/5/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 600

Case4:07-cv-01658-PJH Document600

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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 OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF JASON MCDONELL IN SUPPORT OF DEFENDANTS' OPPOSITION TO ORACLE'S MOTION TO MODIFY THE PROTECTIVE ORDER AND TO COMPEL DEPOSITION TESTIMONY AND FURTHER RESPONSES TO REQUESTS FOR ADMISSION Date: January 26, 2010; Time: 9:00 am Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte
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McDONELL DECL. ISO DEFS' OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

Case4:07-cv-01658-PJH Document600

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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 A are true and correct copies of the cover page and

pages 9:10-21:17, 27:7-30:16, 52:17-56:2, 60:8-63:1, 79:19-80:6, 108:2-116:11, 135:8-139:13, 166:17-167:15 of the transcript of the October 13, 2009 Deposition of Scott Trainor. 2. I defended Mr. Trainor as an employee of SAP America, Inc., during his October

13, 2009. During that deposition, Defendants clawed back certain documents, but TNOR00852363 was neither clawed back during the deposition of Scott Trainor nor later clawed back as a result of it. I have personally participated in various discussions, and exchanged multiple written communications, with counsel for Plaintiffs to attempt to resolve Plaintiff's objections to the documents clawed back during the deposition of Scott Trainor and their objections to the instructions given to Mr. Trainor. None of those communications addressed TN-OR00852363. 3. Plaintiffs' Deposition Exhibit 1683 reflects communications between multiple

SAP and TN employees. I have been personally involved in the review of this document to determine whether any part of it reflects a privileged communication. Some of SAP and TN employees reflected in the email were not attorneys, and of those that were attorneys, some were acting in a business capacity during the emails that were exchanged and some were acting in a legal capacity. The only portion of the exhibit that is now redacted is a communication between Scott Trainor, an attorney for SAP America, Inc., and Mia Lee, an employee of SAP America, Inc. Moreover, Defendants have offered to present Mr. Trainor for further examination regarding Exhibit 1683, and that offer remains open.

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McDONELL DECL. ISO DEFS' OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL Case No. 07-CV-1658 PJH (EDL)

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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 5th day of January 2010 in San Francisco, California.

/s/ Jason McDonell Jason McDonell

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McDONELL DECL. ISO DEFS' OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL Case No. 07-CV-1658 PJH (EDL)