Oracle Corporation et al v. SAP AG et al

Filing 89

DECLARATION of Jason McDonell in Support of 88 Objection to 66 , 71 Special Master's Report and Recommendations Re: Discovery Hearings 1 and 2 filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1 - 8)(Related document(s) 88 ) (McDonell, Jason) (Filed on 5/16/2008) Modified on 5/19/2008 (far, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 89

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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 SAN FRANCISCO DIVISION ORACLE CORPORATION, et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH DECLARATION OF JASON McDONELL IN SUPPORT OF DEFENDANTS' OBJECTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONS RE: DISCOVERY HEARINGS 1 AND 2 Date: July 1, 2008 Time: 9:00 a.m. Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte
McDONELL DECL. ISO DEFS.' OBJS. TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONS Case No. 07-CV-1658 PJH

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I, JASON McDONELL, declare: I am a partner in the law firm of Jones Day, 555 California Street, San Francisco, California 94104, a member in good standing of the bar of this state, and counsel of record for Defendants SAP AG, SAP Americas, and TomorrowNow, Inc. ("TN") in the above-captioned action. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached hereto as Exhibit 1 are true and correct copies of SAP AG's and SAP

Americas' October 1, 2007 responses to RFP No. 55 in Plaintiffs' First Set of Requests for Production of Documents. 2. Attached hereto as Exhibit 2 is a true and correct copy of TN's September 21,

2007 response to RFP No. 84 in Plaintiffs' First Set of Requests for Production of Documents. 3. Attached hereto as Exhibit 3 is a true and correct copy of the Special Master's

Report and Recommendations Re: Discovery Hearing No. 1, dated February 22, 2008 ("R&R No. 1"). 4. Attached hereto as Exhibit 4 are true and correct copies of Oracle's September 14,

2007 responses to RFP Nos. 25 and 26 in Defendants' First Set of Requests for Production of Documents. 5. Attached hereto as Exhibit 5 is a true and correct copy of the Special Master's

Report and Recommendations Re: Discovery Hearing No. 2, dated March 20, 2008 ("R&R No. 2"). 6. Attached hereto as Exhibit 6 are true and correct copies of the relevant excerpts

from the transcript of the March 4, 2008 hearing with the Special Master on the parties' second set of motions to compel. 7. Attached hereto as Exhibit 7 are true and correct copies of the relevant excerpts

from the transcript of the February 13, 2008 hearing with the Special Master on the parties' second set of motions to compel. 8. Attached hereto as Exhibit 8 is a true and correct copy of a July 10, 2002 letter

from David Chavez of PeopleSoft to Seth Ravin of TomorrowNow.
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9.

I have reviewed Oracle's January 28, 2008 Motion to Compel Production of

Documents Related to Government Investigations and Further Responses to Interrogatories (the "Letter Brief"). In the Letter Brief, at page 3, Oracle states: "Since the government is investigating Defendant's conduct as it relates to Oracle's claims [Oracle presumes], materials related to that investigation, and particularly whatever materials Defendants have provided to the government, are relevant." Oracle further argues, at page 4, that the only way for Oracle to know whether Defendants have produced the same documents to the government that they have produced to Oracle is to "compare and contrast Defendants' . . . production[s]." 10. Oracle further states in the Letter Brief, at page 2, that "Defendants themselves

publicly disclosed that the government's investigation is addressed to the conduct Oracle alleges in the Complaint." 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 16th day of May, 2008 in San Francisco, California.

/S/ Jason McDonell JASON McDONELL

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