Oracle Corporation et al v. SAP AG et al

Filing 905

Letter from both Parties re follow up to letter of September 22, 2010. (Howard, Geoffrey) (Filed on 9/28/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 905

Geoffrey M. Howard Direct Phone: [phone] Direct Fax: [phone] [e-mail]

September 28, 2010 Via Electronic Delivery The Honorable Phyllis J. Hamilton United States District Court 3rd Floor, Courtroom 3 1301 Clay Street Oakland, CA 94612-5212 Re: Oracle USA, Inc., et al. v. SAP AG, et al., Case No. 07-CV-01658 Your Honor: This joint letter follows up on the Parties' joint letters to the Court dated September 14 and September 22, 2010. In addition to the agreements recited in those letters, the Parties agree that Plaintiffs' Motion in Limine No. 8 is moot because Defendants have agreed in good faith to notify Oracle of any witnesses it now intends to withdraw from its designation list by Monday, October 4, without prejudice to withdrawing additional designations. The Parties further agree that Oracle may provide its counter-counter designations by October 20. In addition, with Judge Spero's assistance, the Parties have agreed upon two factual stipulations and one stipulation regarding Defendants' late production of materials, which includes among other provisions several stipulations of fact and a stipulated jury instruction. All three stipulations will be filed today. Sincerely yours, /s/ Geoffrey M. Howard /s/ Tharan Gregory Lanier cc: Jason McDonell, Esq. Scott Cowan, Esq.

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