Oracle Corporation et al v. SAP AG et al

Filing 792

Declaration of Tharan Gregory Lanier in Support of 791 Defendants' Oppositions to Plaintiffs' Motions in Limine filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32)(Related document(s) 791 ) (Froyd, Jane) (Filed on 8/19/2010) Modified on 8/20/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 792 Att. 30

EXHIBIT 30

Dockets.Justia.com

PROCEEDINGS March 31, 2009 CONFIDENTIAL
Page 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

BEFORE:

MAGISTRATE JUDGE ELIZABETH D. LAPORTE --oOo--

ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado corporation; and ORACLE INTERNATIONAL CORPORATION, a California corporation,

) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) SAP AG, a German corporation, ) SAP AMERICA, INC., a Delaware ) corporation; TOMORROWNOW, INC., ) a Texas corporation; and DOES ) 1-50, Inclusive, ) ) Defendants. ) _________________________________)

Case No. C07-1658 (PJH)

FURTHER DISCOVERY CONFERENCE

March 31, 2009

TRANSCRIPT OF AUDIO RECORDING OF DISCOVERY PROCEEDINGS (Confidential pages, 7 through 22, under separate seal) Transcribed By: Rita R. Lerner, CSR #3179 (2001-418431)

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PROCEEDINGS March 31, 2009 CONFIDENTIAL
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(Beginning of confidential sealed section) MR. LEVIN: believe -THE COURT: would be sealed now. MR. LEVIN: kidney failure -THE COURT: MR. LEVIN: weeks. THE COURT: MR. LEVIN: now. Mm-hmm. He has had a number of surgeries I think he's relatively stable Mm-hmm. -- was in the hospital for several And this would be the portion that Okay. Go ahead. -- in the December time frame had So the facts that I'm aware of related to his health issues are, Mr. Raven, I

trying to stabilize him. THE COURT: MR. LEVIN: THE COURT: THE at work, or what? MR. LEVIN: MR. Nevada.

He is awaiting a possible kidney transplant. Mm-hmm. In the meantime, he's on dialysis Mm-hmm. Yeah. And otherwise at home or

four days a week, I believe about four hours per day.

He -- I believe he's having He's a resident of

his healthcare in Pleasanton.

Because of the surgery -- I think the company I don't know if he's

has offices both in Pleasanton and Nevada, so lately he's been in the Pleasanton area.

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working from home or working or going back and forth. He's not on his death bed. I don't want to He's operating exaggerate his level of health issues.

as the CEO of Rimini Street and is active in his business, but does have these issues of, potentially, unexpected surgeries, planned surgeries, the need for four days a week of -THE COURT: Okay. Well, planned surgeries we Days of the week would Unplanned -- if a kidney would work around in advance. have to be worked around.

transplant suddenly becomes available, that would be good cause, if it was available immediately, which I guess is how those things happen, I suppose -- that would be a reason, obviously, to postpone the deposition. But yeah, there's a queue, I suppose, so he may not be able to jump to the head of the line anyway. So, but were that to happen for some unexpected reason, then that would be a good cause for postponing the deposition, certainly. But none of those things convince me that it should be confined to seven hours. But I need to hear more from the parties as to what they need to do and just how adverse or not adverse is he to the defendant. MR. LEVIN: I mean, he's an adverse witness of the plaintiff, presumably. In terms of his adversity, I don't

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CERTIFICATE I, RITA R. LERNER, Certified Shorthand Reporter, in and for the State of California, do hereby certify: That the foregoing transcript constitutes a true, full and correct transcript of an audio tape-recording of the proceedings herein and reduced to typewriting under my supervision and control to the best of my ability.

_________________________________ RITA R. LERNER, CSR No. 3179

Date:

April 3, 2009

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