Oracle Corporation et al v. SAP AG et al

Filing 946

Declaration of Lucia Macdonald in Support of 945 Response to Defendants' Administrative Motion for an Order Regarding Counsels' Extrajudicial Communications by Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Howard, Geoffrey) (Filed on 10/26/2010) Modified on 10/27/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 946

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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 215695) 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, No. 07-CV-01658 PJH (EDL) DECLARATION OF LUCIA MACDONALD IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANTS' ADMINISTRATIVE MOTION FOR AN ORDER REGARDING COUNSELS' EXTRAJUDICIAL COMMUNICATIONS
Case No. 07-CV-01658 PJH (EDL)

SAP AG, et al, Defendants.

DECLARATION OF LUCIA MACDONALD IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANTS' ADMINISTRATIVE MOTION FOR AN ORDER REGARDING COUNSELS' EXTRAJUDICIAL COMMUNICATIONS

Dockets.Justia.com

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I, Lucia MacDonald, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am counsel

at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively "Oracle" or "Plaintiffs") in this action. Except where stated below on information and belief, I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. 2. Attached as Exhibit A is a true and correct copy of a final transcript of SAP's

July 3, 2007 press conference, entitled "SAP - SAP to Host Teleconference Regarding its Response to Oracle Lawsuit," published by Thomson StreetEvents. 3. Attached as Exhibit B is a true and correct copy of an October 23, 2010 article

authored by Jeanette Borzo of the Dow Jones Business News entitled "UPDATE: SAP Asks For Gag Order In Oracle Case." 4. On information and belief, Defendants appear to have leaked to the press the

existence, and content, of an October 8, 2010 confidential email between counsel (sent at 11:45 p.m. on a Friday night) regarding witness lists. 5. Attached as Exhibit C is a true and correct copy of an article authored by Joe

Nocera, entitled "H.P.'s Blundering Board," N.Y. Times, Sept. 10, 2010, available at http://www.nytimes.com/2010/09/11/business/11nocera.html. 6. Attached as Exhibit D is a true and correct copy of an article authored by Damon

Darlin, entitled "H.P. Spied On Writers In Leaks," N.Y. Times, Sept. 8, 2006, available at http://www.nytimes.com/2006/09/08/technology/08hp.html. 7. Attached as Exhibit E is a true and correct copy of an article authored by Damon

Darlin, entitled "Journalists Intend to Sue Hewlett-Packard Over Surveillance," N.Y. Times, May 7, 2007, available at http://www.nytimes.com/2007/05/07/business/media/07hp.html?ref=media. 8. Attached as Exhibit F is a true and correct copy of the following excerpt from

the 9/30/2010 Pretrial Conference Transcript: p. 69. I declare under penalty of perjury under the laws of the United States that the foregoing 1 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF LUCIA MACDONALD IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANTS' ADMINISTRATIVE MOTION FOR AN ORDER REGARDING COUNSELS' EXTRAJUDICIAL COMMUNICATIONS

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facts are true and correct, and that this Declaration was executed on October 26, 2010, in San Francisco, CA. By: /s/ Lucia MacDonald Lucia MacDonald

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

DECLARATION OF LUCIA MACDONALD IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANTS' ADMINISTRATIVE MOTION FOR AN ORDER REGARDING COUNSELS' EXTRAJUDICIAL COMMUNICATIONS