Oracle Corporation et al v. SAP AG et al

Filing 894

Declaration of Steven C. Holtzman in Support of 893 Administrative Motion to Extend Trial Date filed byOracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Related document(s) 893 ) (Holtzman, Steven) (Filed on 9/20/2010) Modified on 9/21/2010 (cp, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 894

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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 Telephone: [phone] Facsimile: 415.393.2286 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: 914.749.8300 [e-mail] STEVEN C. HOLTZMAN (SBN 144177) FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: 510.874.1460 [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: 650.506.7114 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF STEVEN C. HOLTZMAN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO EXTEND TRIAL DATE

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF STEVEN C. HOLTZMAN IN SUPPORT OF ADMINISTRATIVE MOTION TO EXTEND TRIAL DATE
Dockets.Justia.com

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I, Steven C. Holtzman, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am a

partner at Boies, Schiller & Flexner LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively, "Plaintiffs" or "Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. I make this declaration in support of Plaintiffs' Administration Motion to Extend Trial Date, submitted pursuant to Civil Local Rule 7-11 and this Court's May 5, 2008 Case Management and Pretrial Order (Dkt. No. 84). 2. Attached as Exhibit 1 is a true and correct copy of an Order in of the United

States District Court, Southern District of New York, in the matter of Terra Firma Investments, et al. v. Citigroup, et al., 09-cv-10459-JSR, setting trial for October 18, 2010. (Dkt. No. 98, filed September 15, 2010). 3. Attached as Exhibit 2 is a true and correct copy of a September 14, 2010 email

from myself to Scott Cowan, counsel for Defendants. The email states: I wanted to touch base with regard to the trial start date. We've requested that you agree to a start date of November 8 because David Boies has another trial that is now expected to last until or even shortly after November 1. As stipulated last week, the trial will still conclude within the originally scheduled six week window. Schedules presumably have long been set based on the six-week trial period, and we are not departing from that. Even if you do not agree with this reasoning, I would hope you would reconsider your position if nothing else as a matter of professional courtesy to a fellow litigator. 4. Attached as Exhibit 3 is a true and correct copy of a September 16, 2010 email

from Greg Lanier, counsel for Defendants, to myself. The email states: [W]e've now considered Plaintiffs' request to delay the trial start date and have discussed it with our clients. Although a one week trial continuance in most instances would be considered immaterial, unfortunately, in this instance, Defendants do not agree to the request. The trial start date has been set for November 1 for more than a year, and we, our clients, potential witnesses, trial support teams, etc., have made a variety of plans based on that date. Additionally, SAP intends to commit executive level resources to the trial who have significant business responsibilities. Given that those executives cannot run back to their offices each day after trial (like presumably most of Plaintiffs key executives will be able to do), the start and end dates for trial are critically important to them and Case No. 07-CV-01658 PJH (EDL) 1
DECLARATION OF STEVEN C. HOLTZMAN IN SUPPORT OF ADMINISTRATIVE MOTION TO EXTEND TRIAL DATE

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to the running of SAP's day to day business. Moreover, SAP's September 7 agreement to the 36 hours per side time limit for trial testimony and argument was motivated not only by having a shorter trial, but also one that ended earlier as against the very busy end of the calendar year. Had Plaintiffs request to postpone the start of trial been made when the parties were together on September 7 (and we can't understand why it was not, as we assume trial calendars have been known for a while), it would have affected SAP's position on the length of trial, which was obviously a material point of the parties' stipulation. We appreciate that Mr. Boies has a busy trial calendar and do not intend to be discourteous, but unfortunately at this late date, Defendants cannot agree to your request. Please let us know if there is any additional information you would like us to consider. 5. Attached as Exhibit 4 is a true and correct copy of a September 17, 2010 email

from myself to Greg Lanier in response to Greg Lanier's email attached as Exhibit 3. The email states in part: [Plaintiffs] specifically raised [the issue] with Judge Spero, and our recollection is that some of you were in the room when we did. And as we were making our final revisions to the stipulation while Judge Spero was meeting with you, we specifically drafted an edit that would provide for a possible later start date. When Judge Spero reviewed our draft before bringing it to you, he specifically asked us to take it out because he didn't want to step on Judge Hamilton's toes and because he said SAP was on notice of our desire based on the preceding conversation. At his request, we removed it from the draft and decided to return to the issue separately, which we did on the 13th. Particularly in this light, I would again hope you would reconsider, but in the absence of that, we are preparing to request the one-week deferral from Judge Hamilton. 6. Attached Exhibit 5 is a true and correct copy of a September 18, 2010 email from

myself to Greg Lanier, further explaining the points made in Exhibit 4. The email states: While you continue to re-check with your client, I want to make sure I was sufficiently clear in writing yesterday that we had understood you were on notice of our desire to move the trial start date, and that we had removed the language from the draft stipulation before signing. Paragraph 8 of the draft we had been working from up until the negotiations on September 7 specifically stated that "Trial remains on the currently scheduled start date but shortened. . . ." After conferring with Judge Spero, we removed that language in what we gave to you to review and sign. Paragraph 8 of the final stipulation accordingly reads simply "The length of trial is shortened . . ." In addition to the discussion we believe had occurred while some of you were in the room, this change made clear that we were not okay with November 1 as the start date. I had thought that was clear from my previous message, but it has been suggested to me that with everything going on you might not have recalled that or focused on it clearly given my previous more general reference. 7. Attached as Exhibit 6 is a true and correct copy of the stipulation regarding

streamlining the case for trial that the parties signed on September 7, 2010. Case No. 07-CV-01658 PJH (EDL) 2
DECLARATION OF STEVEN C. HOLTZMAN IN SUPPORT OF ADMINISTRATIVE MOTION TO EXTEND TRIAL DATE

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I declare under penalty of perjury under the laws of the United States that the foregoing facts are true and correct, and that this Declaration was executed on September 20, 2010, in Oakland, CA. /s/ Steven C. Holtzman Steven C. Holtzman .

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Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF STEVEN C. HOLTZMAN IN SUPPORT OF ADMINISTRATIVE MOTION TO EXTEND TRIAL DATE