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 Att. 1

EXHIBIT A

Dockets.Justia.com

UNITED NORTHERN BEFORE THE HONORABLE

STATES

DISTRICT

COURT

DISTRICT

OF CALIFORNIA JUDGE

PHYLLIS
ET

HAMILTON

ORACLE CORPORATION

AL NO
0701658
PJH

PLAINTIFFS

VS
SAP

Certified
ET

Copy

AG

AL
DEFENDANTS

PAGES

124

_____________________________

CALIFORNIA OAKLAND WEDNESDAY SEPTEMBER

30

2010

TRANSCRIPT

OF PROCEEDINGS

APPEARANCES
FOR

PLAINTIFFS

BOlES
1999

SCHILLER

OAKLAND

HARRISON CALIFORNIA

FLEXNER LLP STREET SUITE 900
94612 ATTORNEY LLP CENTER 94111-4607 AT LAW

BY

STEVEN

HOLTZMAN

BINGHAM MCCUTCHEN THREE EMBARCADERO

BY

SAN FRANCISCO CALIFORNIA ZACHARY ALINDER ANTHONY FALZONE HOLLY HOUSE GEOFFREY HOWARD DONN PICKETT ATTORNEYS

AT

LAW

FOR

DEFENDANTS

JONES

DAY

SILICON VALLEY OFFICE 1755 EMBARCADERO ROAD PALO ALTO CALIFORNIA

BY

THARAN

GREGORY

LANIER

94303 ATTORNEY

AT

LAW

APPEARANCES CONTINUED
REPORTED

NEXT CSR

PAGE

BY

RAYNEE

MERCADO

NO

8258

RA YNEE

MERCADO CSR RMR CRR FCRR CCRR 510

451-7530

117

OFF-THE-RECORD

DISCUSSION
SOME DAUBERTS TWO SORT

MR PICKETT
PLAINTIFFS
IF BUT

WE

HAD HAD

TOO

AND

WE

ARE

IACTUALLY

OF LOGISTICAL

QUESTIONS

COULD
THE

COURT
PICKETT

UM-HMM
ONE
IS

MR
THE

HOW AND

DOES USING

YOUR
THE

HONOR

DEAL WITH THIS
TO IS BE GO

PROBLEM
TO BE ON

OF JURORS CASE
IT

GOOGLING
IN

INTERNET
ARE GOING

GOING

THATS

THE

PRESS
AND AND

THERE EVERY

REPORTS
10

THROUGHOUT ABOUT
-- EVEN

THE

TRIAL

CONFERENCE

DO

NOW

HEAR EVEN THE

THIS
--

PROBLEM

BELIEVE

ITS

BIG

11

PROBLEM

12

COURT
PICKETT

IT

IS
-- EVEN

13

MR
THEY
DO IT

WHEN

YOU

INSTRUCT

THE

JURORS

14

ANYWAY
THE

15 16

COURT

IT

IS
SO

IT

IS
YOUR HONOR DEAL WITH

MR PICKETT
MY QUESTION THE
THE

HOW

DOES

IT

IS

17

18

COURT
HAD

WELL
FOUR

HAD TRIALS

TO

DEAL WITH EACH

IT

OVER

---

OVER AN

19 20 21 22 23
24

SUMMER
AND

IVE
HAVE

AND

TIME
FROM

ITS
THE

REALLY

ISSUE

SOME

MODEL

INSTRUCTIONS FEDERAL MODEL

ADMINISTRATIVE
THE

OFFICE
US

OR THE PROPOSED

JUDICIAL

CENTER

-- ONE

OF
IN

TWO

--

SENT

INSTRUCTION

USED

IT

MY LAST
IT

TRIAL
VERY

AND

AS

WAS

READING

IT

FRANKLY

DIDNT

THINK

WAS

GOOD
SO

25

YOU ALL ARE

FREE TO

COME

UP

WITH

ONE

TO

PREPARE

RAYNEE

MERCADO CSR RMR CRR FCRR CCRR 510

451-7530

118

ONE AND

YOURSELF DEVICES
THAT JURY

BUT

IT

SHOULD JUST FOR
--

COVER
SO

THE

WHOLE THEY YOU

PANOPLY OF GADGETS THINK TWEET
BY

EVERYTHING

THAT

DONT KNOW

OMISSION FROM
THE

ITS ROOM

OKAY
BUT

THEM

TO

ABOUT

IT

MR
THE INVESTIGATION NOT SUPPOSED

PICKETT

AND
SO

--

EVEN JUST

THINK
---

--

COURT
AND

ITS

NOT

ITS

NOT

JUST

RESEARCH
ABOUT

ITS ALSO COMMUNICATION IT
ABOUT

THEYRE

TO

TALK

MR
10

PICKETT

TALK

IT
THEY

THE OR TWEET ABOUT

COURT IT
PICKETT

ITS

ALSO

MEANS

CANT EMAIL ABOUT

IT

11

12

MR
THE

DONT RIGHT

PUT

IT

ON FACEBOOK

DONT

TWEET

13

COURT
PICKETT
HELPFUL

14

MR
ITS ALSO BEEN
HAPPENING
AND
IF YOU

THROUGH
TO

THESE

CONFERENCES

IVE

BEEN THIS

TO
IS

15 16

HAVE ARE TO
DO THE

SOME

EXPLANATION NOW WHO

OF WHY

BECAUSE TELL THEM

THERE NOT

JURORS

RESENT

AUTHORITY
DOING TRUTH
IT

17

SOMETHING
-- THEY

THEYLL
TO

START
THE

18

BECAUSE RATHER

THEY THAN

THINK
THE

THEYRE

WANT

KNOW

19 20 21 22 23

ADMITTED

EVIDENCE ACTUALLY
SAID THAT AND
WE

THE

COURT

AND

FOUND THEY LET

IN

MY LAST THINK
THE

TRIAL

MEAN
ABLE SAID
TO

COUPLE OF JURORS RESIST THEY
IT THE

DIDNT
THEM THEY

THEYD
OTHERS

BE

TEMPTATION
AND ALSO

GO
DID

THAT

COULD
MIGHT

BELIEVE

THAT

24

MEAN

THOUGH
HAVE

THAT LESS

YOU TEND FACILITY

TO

SKEW ALL OF

25

TOWARDS

AN

OLDER

JUROR

WHO

MIGHT

WITH

RAYNEE

MERCADO CSR RMR CRR FCRR CCRR 510

451-7530

119

DEVICES

AND

THEREFORE PICKETT

HAVE

MUCH

SMALLER

--

MR
THE

FEAR
--

COURT
PICKETT

TEMPTATION FEAR THERE

TO

RESIST
BE LOT

MR
ABOUT THIS

WILL

OF PRESS

CASE ON THE

DAILY

BASIS
KNOW HOW
TO DO --

COURT
TO

DONT
GIVE

DONT KNOW

WHAT

TO

DO

EXCEPT

INSTRUCTIONS

MR PICKETT
THE
10

RIGHT
AND
50

WELL

WORK

THAT

OUT

THEN
TRY
TO

COURT
IF

YOU CAN
TO IT

PREPARE
--

ONE
NOT
USE

ILL

FIND

THAT

COPY
BUT

YOUD
TRY TO

LIKE FIND

LOOK AND

ITS
CAN

VERY THAT

WELL
TO

11

WRITTEN

ILL

YOU

START

12

FROM

13
14

MR
MR
THE

LANIER PICKETT

THANK AND AND

YOU
THEN
DO

YOUR JUST

HONOR
ON --

IM

SORRY
-IN

15 16
17

COURT
PROPOSED

THINK
BY

THERES
THE

ALSO

ANOTHER

TRIAL
THE

HAD WHO

INSTRUCTION
ME TO

PARTY

-- BY IF WE

ONE OF FOUND

PARTIES THAT

WANTED

ADVISE
THE

THE

JURY THAT
IT

18

OUT

THEY
IT

HAVE WOULD

VIOLATED
BE

RULE AND

THAT ALL OF
TO

COULD

CAUSE

19 20 21 22 23
24

MISTRIAL

EXPENSIVE LITTLE
IF

THIS
GIVE

AND THINK

WAS

RELUCTANT LOOK
IN THE

THAT
CIRCUIT

BUT MODEL

THAT ACTUALLY
THINK

YOU

NINTH

INSTRUCTIONS THAT SAYS

THERES

ACTUALLY
TO

PROPOSED

INSTRUCTION

SOMETHING

VERY

SIMILAR

THAT
IT

MR LANIER
THE

WELL
SO

WORK

OUT
EVERYONES
GRAPPLING

25

COURT

DONT KNOW

RAYNEE

MERCADO CSR RMR CRR FCRR CCRR 510

451-7530

120

WITH GOOD

THE

ISSUE

SO

ILL ILL

LEAVE TRY
TO

IT

UP

TO

YOU

TO

COME FIND

UP THE

WITH

INSTRUCTION

SEE TO

IF WE BE

CAN

MODEL

lv
THEN

PICKETT
JUST

SEEMS

HOT

ISSUE
IN THE BUT WE

LOGISTICS
WANT WITH
TO

THE

TECHNOLOGY

COURTROOM
IS

WELL

--

WELL
THAT

OBVIOUSLY DEAL WITH

SHARE
TO

TECHNOLOGY

THERE BRING

PERSON
TO THE

RESPECT

THAT WHAT

CAN

COURTROOM
THE

COURT
PICKETT

NICHOLE
SO

WILL

TELL

YOU THAT

WELL

TELL

YOU ALL ABOUT

10

THE

COURT
PICKETT

YEAH SHELL
LASTLY HONOR
ON

TELL

YOU WERE
THINK OFF
ON

11

LOGISTICS

12

VETERANS DAY
WEDNESDAYS
THE

AS YOUR

POINTED

OUT

WERE

DARK

ON

13

14

COURT
PICKETT

WEDNESDAYS AND THEN

IS THE

MY LAW AND
DAY

MOTION
THANKSGIVING

15 16
17

AFTER

IS

--

WERE

ON
THE

COURT

THREE

DAYS

THE

JURYS GOING

TO

MISS

OUT

18

OF THE

FOUR

WEEKS
SIMULTANEOUS THE

19 20 21 22 23
24

COLLOQUY DAY IT
SO --

COURT

VETERANS
DAY ON

MONDAY FRIDAY
WEEK
THE

TUESDAY

--

VETERANS

THURSDAY
THE

ITS

FOLLOWING
JUST

WEEK
AND

ITS

FOUR

DAYS AND

THANKSGIVING

IS

MONDAY

TUESDAY PICKETT

NR
FRIDAY
IS

OKAY

THATS WHAT

WAS

ASKING

25

OUT MERCADO CSR RMR CRR FCRR CCRR 510

RAYNEE

451-7530

124

CERTIFICATE RAYNEE STATES
THAT

OF REPORTER OFFICIAL
OF IN ET

MERCADO
DISTRICT

REPORTER

FOR

THE

UNITED

COURT

NORTHERN

CALIFORNIA C07-01658

HEREBY

CERTIFY

THE

FOREGOING
ET

PROCEEDINGS
SAP

PJH

ORACLE
BY

CORPORATION CERTIFIED UNDER
10

AL

AG

AL
WERE

WERE

REPORTED

ME

SHORTHAND DIRECTION AND
OF

REPORTER
INTO TRUE

AND

THEREAFTER
THE

TRANSCRIBED
IS

MY

TYPEWRITING RECORD
OF

THAT

FOREGOING
AS

FULL
ME AT

COMPLETE
THE TIME THE

SAID

PROCEEDINGS

BOUND

BY

11

FILING
OF THE

12

VALIDITY
BE

REPORTERS

CERTIFICATION AND/OR REMOVAL

OF

SAID THE

13

TRANSCRIPT COURT

MAY

VOID

UPON

DISASSEMBLY

FROM

14

FILE

15

16
17

RAYNEE

MERCADO MONDAY

CSR

RMR

CRR
2010

FCRR

CCRR

18

OCTOBER

19

20

21 22 23

24

25

RAYNEE

MERCADO CSR RMR CRR FCRR CCRR 510

451-7530