Oracle Corporation et al v. SAP AG et al

Filing 97

Declaration of Holly A. House in Support of 96 Memorandum in Opposition, filed byOracle International Corporation, Oracle Corporation, Oracle USA Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 96 ) (Hann, Bree) (Filed on 5/30/2008)

Oracle Corporation et al v. SAP AG et al

Doc. 97

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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: [phone] [e-mail] [e-mail] [e-mail] [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: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle Corporation, Oracle USA, Inc., and Oracle International Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, v. Plaintiffs, Case No. 07-CV-1658 PJH (EDL) DECLARATION OF HOLLY A. HOUSE IN SUPPORT OF ORACLE'S OPPOSITION TO DEFENDANTS' OBJECTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONS RE: DISCOVERY HEARINGS 1 AND 2 Date: Time: Place: Judge: July 1, 2008 9:00 a.m. Courtroom E, Floor 15 Honorable Elizabeth D. Laporte

SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants.

Case No. 07-CV-1658 PJH (EDL)

DECLARATION OF HOLLY A. HOUSE
A/72547141.3

Dockets.Justia.com

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I, Holly A. House, declare as follows: 1. I am an attorney admitted to practice law in the State of California and

before this Court, and a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle Corporation, Oracle USA, Inc. and Oracle International Corporation (collectively, "Oracle" or "Plaintiffs") in this matter. I have personal knowledge of the facts contained in this Declaration and could competently testify to them if required to do so. 2. Oracle served its First Sets of Requests for Production of Documents

("Requests") on TomorrowNow, Inc. on August 2, 2007, and on SAP AG and SAP America, Inc. on August 30, 2007. I am informed and believe that at the time that Oracle served these Requests, it was unaware that Defendants had received a subpoena from a grand jury or, indeed, that a grand jury had been impaneled. On February 13, 2008, at the hearing on Oracle's first motion to compel, counsel for Defendants stated for the first time that a grand jury subpoena had been served on Defendants. 3. Attached as Exhibit A is a true and correct copy of a printout of a July 3,

2007 press release, available at http://www.tnlawsuit.com/uploads/pdf/pressrelease/ pressrelease_ResponsetoOracleComplaint.pdf (a website maintained by Defendants), last visited on May 30, 2008. 4. Attached as Exhibit B is a true and correct copy of a November 16, 2007

letter from Jason McDonell of Jones Day, counsel for Defendants, to Zachary Alinder of Bingham McCutchen. I am further informed and believe that, during meet and confer calls in fall 2007 with Mr. Alinder and Bree Hann, also of Bingham McCutchen, counsel for Defendants refused to produce documents in response to Oracle's Requests for Production relating to government investigation documents and would not elaborate on their reasons for that refusal. 5. Attached as Exhibit C are excerpts from a true and correct copy of

Oracle's January 28, 2008 letter brief to Judge Legge. The excerpt includes Oracle's motion to compel production of documents in response to its Requests for Production relating to government investigation documents. In an abundance of caution, Oracle has redacted footnote 2 and Section III to protect references to Defendants' confidential information. 1 Case No. 07-CV-1658 PJH (EDL)
DECLARATION OF HOLLY A. HOUSE
A/72547141.3