Oracle Corporation et al v. SAP AG et al

Filing 631

Joint STATUS REPORT re January 26, 2010 Hearing re Plaintiffs' Motion to Compel and to Modify Protective Order by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., SAP AG, SAP America, Inc., Tomorrownow Inc.. (Howard, Geoffrey) (Filed on 2/5/2010) Modified on 2/8/2010 (vlk, COURT STAFF). Modified on 2/8/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 631

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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, U.S.A. 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: 650.506.7144 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc.

JONES DAY ROBERT A. MITTELSTAEDT (SBN 060359) JASON McDONELL (SBN 115084) ELAINE WALLACE (SBN 197882) 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] JONES DAY THARAN GREGORY LANIER (SBN 138784) JANE L. FROYD (SBN 220776) 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] JONES DAY SCOTT W. COWAN (Admitted Pro Hac Vice) JOSHUA L. FUCHS (Admitted Pro Hac Vice) 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., v. Plaintiffs,

No. 07-CV-01658 PJH (EDL) JOINT STATUS REPORT RE JANUARY 26, 2010 HEARING RE PLAINTIFFS' MOTION TO COMPEL AND TO MODIFY PROTECTIVE ORDER

SAP AG, et al., Defendants.

JOINT STATUS REPORT
Dockets.Justia.com

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As the Court ordered at the January 26, 2010 hearing on the Parties' motions to compel, the Parties have met and conferred regarding Defendants' supplemental responses to Oracle's Requests for Admission ("Requests") that were the subject of Oracle's motion ­ three times telephonically and also by exchange of letters. The Parties submit this status report of those discussions, as ordered by the Court. The Parties have made progress on some issues, and Defendants have agreed to provide Oracle with sample intended response language for a number of open items by Monday, February 8 which may resolve some of the existing open issues. However, as of now, the Parties still have some fundamental disagreements about the effect of the Court's guidance provided at the hearing. Accordingly, the Parties jointly seek leave from the Court to submit, next week, either a joint letter setting forth the Parties' respective positions, or expedited briefs, according to the Court's preference, and based on the transcript of the hearing. Both Parties prefer that the Court decide any remaining disputes as soon as reasonably possible so that Defendants can complete and serve their supplemental responses, and in order to minimize the possibility of further motion practice subsequent to those supplemental responses. The Parties are available for a call with the Court, if desired, to discuss the logistics of any submission.

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JOINT STATUS REPORT

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JOINT STATUS REPORT

DATED: February 5, 2010

BINGHAM McCUTCHEN LLP By: /s/ Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA, Ltd.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

JONES DAY DATED: February 5, 2010 By: /s/ Scott W. Cowan Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.