Oracle Corporation et al v. SAP AG et al

Filing 940

Declaration of Tharan Gregory Lanier in Support of 939 MOTION Defendants' Administrative Motion For An Order Regarding Counsels' Extrajudicial Communications Declaration of Tharan Gregory Lanier in Support of Defendants' Administrative Motion For An Order Regarding Counsels' Extrajudicial Communications filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 939 ) (Froyd, Jane) (Filed on 10/22/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 940

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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 OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION FOR AN ORDER REGARDING COUNSELS' EXTRAJUDICIAL COMMUNICATIONS

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LANIER DECL. ISO DEFS.' ADMIN. MOT. FOR AN ORDER RE: COUNSELS' EXTRAJUDICIAL COMMUNICATIONS Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. On October 11, 2010, Defendants proposed to Plaintiffs that the parties agree on a

stipulation and proposed order regarding extrajudicial communications by counsel during trial. Defendants further proposed that the jury be instructed not to read or listen to any media, whether in hard copy or in electronic form, pertaining to this case. 2. On October 14, 2010, Plaintiffs indicated a willingness to instruct the jury not to

use hard copy or electronic materials to conduct independent research about the case. 3. On October 16, 2010, Defendants informed Plaintiffs that should Plaintiffs not

agree to a stipulation, Defendants would file a motion. 4. On October 17, 2010, Plaintiffs informed Defendants that they had not yet

considered and discussed the issue. 5. On October 20, 2010, during a meet and confer call on a variety of subjects,

Defendants reiterated their position regarding a court order prohibiting extrajudicial communications by counsel. 6. On October 21, 2010, Plaintiffs informed Defendants that they would not agree to

such a stipulation and order. 7. Attached as Exhibit A is a true and correct copy of the following excerpts from

the 9/30/10 Pretrial Conference Transcript: pp. 117-19. 8. Attached as Exhibit B is a true and correct copy of the New York Times article, A

Double Standard at H.P., by Joe Nocera, available at <http://www.nytimes.com/2010/10/09/business/09nocera.html>. 9.
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Attached as Exhibit C is a true and correct copy of the Order Re: Trial -1LANIER DECL. ISO DEFS.' ADMIN. MOT. FOR AN ORDER RE: COUNSELS' EXTRAJUDICIAL COMMUNICATIONS Case No. 07-CV-1658 PJH (EDL)

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Participant's Communications with Press During Pendency of Trial, issued by Judge Illston in Bowoto v. Chevron Corp., No. C 99-02506 SI. 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 22nd day of October, 2010 in San Francisco, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier

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LANIER DECL. ISO DEFS.' ADMIN. MOT. FOR AN ORDER RE: COUNSELS' EXTRAJUDICIAL COMMUNICATIONS Case No. 07-CV-1658 PJH (EDL)