Oracle Corporation et al v. SAP AG et al

Filing 753

STIPULATION AND ORDER TO EXTEND TIME TO COMPLY WITH PORTIONS OF PRETRIAL ORDER REGARDING EXCHANGE OF EXHIBITS re 752 Stipulation filed by SAP AG, Tomorrownow Inc, SAP America Inc. Signed by Judge Phyllis J. Hamilton on 8/10/10. (nah, COURT STAFF) (Filed on 8/10/2010)

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 26 27 28

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.

BOIES, SCHILLER & FLEXNER LLP DAVID BOIES 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [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]

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) STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PORTIONS OF PRETRIAL ORDER REGARDING EXCHANGE OF EXHIBITS

SVI-83732v1

STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL)

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 26 27 28

Pursuant to Civil Local Rule 6-3, Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (together with Plaintiffs, the "Parties"), hereby submit this agreed-upon stipulation to extend time for the Parties to comply with the Court's June 11, 2009 Stipulated Revised Case Management and Pre-Trial Order ("June 11, 2009 Order") and July 21, 2010 Stipulation and Order to Extend Time to Comply with Portions of Pretrial Order Regarding Under Seal Requests and Pre-Marked Exhibits ("July 21, 2010 Order") to exchange pre-marked exhibits. The June 11, 2009 Order set August 5, 2010 as the deadline for the parties to exchange pre-marked exhibits. The July 21, 2010 Order extended the deadline to exchange pre-marked exhibits to August 10, 2010. The Parties jointly request that the Court grant a 6 calendar-day extension of the deadline to exchange pre-marked exhibits to August 16, 2010. As the Parties continue to work towards focusing the issues that will be in dispute at trial and in light of the volume of exhibits to be exchanged, the Parties believe that this extension of time is necessary to allow the Parties adequate time to process and pre-mark exhibits disclosed on August 5, 2010 in accordance with the Court's June 11, 2009 Order. Additionally, because the Parties have designated as potential trial exhibits various physical media that would be burdensome to exchange prior to trial, the Parties hereby agree to exchange placeholders, in the form of slip-sheets, in place of physical media when pre-marked exhibits are exchanged on August 16. This requested extension does not impact any other portion of the current case schedule, including the current November 1, 2010 trial date. The only purpose of this requested extension is to extend the deadlines noted above, and thus this requested extension shall not in any way affect any other rights or obligations of the Parties.

SVI-83732v1

-1-

STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL)

1 DATED: August 9, 2010 2 3 4 5 6 7 In accordance with General Order No. 45, Rule X, the above signatory attests that 8 concurrence in the filing of this document has been obtained from the signatory below. 9 10 DATED: August 9, 2010 11 12 13 14 15 16 17 IT IS SO ORDERED. 18 By: /s/ Geoff Howard Geoff Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. BINGHAM McCUTCHEN LLP By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. JONES DAY

UNIT ED

19 20 21 22 23 24 25 26 27 28
SVI-83732v1

S

S DISTRICT TE C TA

10 DATED: August __, 2010

ER

N

F D IS T IC T O R

-2-

STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH

A

C

LI

FO

Phyllis J. Hamilton United States District milton Judge a yllis J. H h Judge P

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H