Oracle Corporation et al v. SAP AG et al

Filing 806

Letter from the Parties re Request for Hearing Date. (Howard, Geoffrey) (Filed on 8/23/2010)

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Oracle Corporation et al v. SAP AG et al Doc. 806 Geoffrey M. Howard Direct Phone: 415.393.2485 Direct Fax: 415.262.9212 August 23, 2010 Via Electronic Delivery Magistrate Judge Elizabeth D. Laporte United States District Court Northern District of California 450 Golden Gate Avenue Courtroom E, 15th Floor San Francisco, CA 94102 Re: Oracle USA, Inc., et al. v. SAP AG, et al., Case No. 07-CV-1658 Dear Judge Laporte, The parties respectfully seek leave of Court to file certain motions on August 31, 2010, for hearing on October 5, 2010. The parties have been meeting and conferring regarding the subject of some of the motions now for several months, and may yet make further progress. However, with a trial date of November 1, 2010, the parties agree that if they cannot resolve their differences in the meantime, they will need to seek the Court's assistance. On the Oracle side, the motions will be for sanctions related to spoliation of evidence before and after the litigation, and the late production, beginning in March 2010, of instant messages and additional software files. Defendants' motions will be for spoliation of evidence both before and after the litigation and failure to disclose damages related to Oracle's trespass to chattels, CDAFA claims, and allegations relating to goodwill damages. For the purposes of judicial efficiency the parties agree that the motions should be heard at the same time, although the parties have reserved procedural (and all other) objections to the motions, including that any of the motions are not timely presented based on Local Rule 7-8. Sincerely yours, /s/ Geoffrey M. Howard Geoffrey M. Howard A/73481905.2 Magistrate Judge Elizabeth D. Laporte August 23, 2010 Page 2 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. /s/ Scott W. Cowan Scott W. Cowan cc: Joshua L. Fuchs, Esq. Jason McDonell, Esq. Scott Cowan, Esq. Greg Lanier, Esq. A/73481905.2

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