Oracle America, Inc. v. Google Inc.

Filing 256

*** FILED IN ERROR. PLEASE SEE DKT No. #257 . *** ORDER EXTENDING FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS re #246 Stipulation filed by Oracle America, Inc.. Signed by Judge Alsup on August 1, 2011. (whalc1, COURT STAFF) (Filed on 8/1/2011) Modified on 8/1/2011 (whalc1, COURT STAFF).

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[counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC.

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Plaintiff,

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v.

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CASE NO. CV 10-03561 WHA (DMR)
STIPULATION AND [PROPOSED]
ORDER TO EXTEND FACT
DISCOVERY CUT-OFF AND DUE
DATES FOR EXPERT REPORTS

GOOGLE INC.
Judge: Honorable William Alsup

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Defendant.

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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STIPULATION

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WHEREAS, fact discovery in this case is scheduled to close on July 29, 2011;

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WHEREAS, the parties have diligently attempted to complete all fact discovery by

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July 29, 2011, and will have completed the bulk of fact discovery by that deadline: (1) Oracle

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will have completed nine individual depositions (out of ten originally allotted) and ten 30(b)(6)

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deposition topics (out of fifteen); (2) Google will have completed eight individual depositions

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(out of ten) and nine 30(b)(6) depositions (out of fifteen); (3) Oracle will have produced

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approximately 5 million documents; and (4) Google will have produced approximately 4.1

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million documents (20 million pages);

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WHEREAS, the parties acknowledge that despite their efforts, each party will have a

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limited amount of discovery to complete after July 29: (1) Oracle will need to complete one

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individual deposition of its original allotment of ten; three additional two-hour depositions

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permitted by Magistrate Judge Ryu pursuant to her Order of July 21, 2011; and five 30(b)(6)

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deposition topics; (2) Google will need to complete two individual depositions and six 30(b)(6)

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deposition topics; and (3) each party will need to complete its document production, produce final

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privilege logs, and supplement written discovery responses as necessary;

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WHEREAS, the parties agree that a limited extension of deposition discovery to

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August 15, 2011, would allow the parties to complete already-noticed depositions, except that the

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depositions of senior executives may need to be scheduled up to August 31, 2011;

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WHEREAS, the parties agree that a limited extension of document discovery to

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August 15, 2011, would allow the parties to complete their productions, with the bulk of

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remaining documents to be produced by August 5, 2011, and privilege logs and any additional

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remaining documents to be provided by August 15, 2011;

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WHEREAS, the parties agree that a limited extension to August 1, 2011, of the time for

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supplementing interrogatory responses (other than those that relate to copyright infringement),

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would allow the parties to finalize their responses;

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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WHEREAS, opening expert reports on non-damages issues are due on July 29, 2011;

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opposition reports are due fourteen days after the opening reports; reply reports are due seven

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days after the opposition reports; and expert discovery closes fourteen days after the reply reports;

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WHEREAS, the parties agree that an extension to August 8, 2011, of the due date for

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opening expert reports on patent-related issues would permit the experts to incorporate additional

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discovery materials into their reports;

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WHEREAS, the parties acknowledge and agree that the limited extensions of fact

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discovery set forth above, and an extension of the due date for opening expert reports on patent-

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related issues to August 8, 2011, will not affect, delay, or push back any other deadlines in this

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case; and
WHEREAS, there have been no previous requests by the parties to extend the fact
discovery cut-off or the due dates for expert reports.

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NOW THEREFORE THE PARTIES HEREBY STIPULATE AND AGREE that:

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1.

Deposition discovery in this case shall be extended to August 15, 2011, for the

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limited purpose of completing depositions already noticed, except that the depositions of senior

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executives may be scheduled up to August 31, 2011, if necessary.

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2.

Document discovery in this case shall be extended to August 15, 2011, with the

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bulk of remaining documents to be produced by August 5, 2011, and privilege logs and any

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additional remaining documents to be provided by August 15, 2011.

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3.

The time for supplementing interrogatory responses (other than those that relate to

copyright infringement) shall be extended to August 1, 2011.
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No additional discovery of any kind shall be served and no additional depositions

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shall be noticed. Discovery motions shall be filed in the time provided by Civil Local Rule 37-3

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following August 15, 2011.

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5.

On patent-related issues, opening expert reports shall be served by August 8, 2011.

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The dates for opposition reports, reply reports, and the close of expert discovery shall be triggered

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by the August 8, 2011 date and shall follow the time periods specified in Paragraph 8 of the

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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Court’s November 19, 2010 Case Management Order. The due dates for expert reports on

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copyright-related issues remain unaffected.

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6.

No other deadlines in this case will be affected by the foregoing extensions. The

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parties will not use these extensions to argue for a delay of the trial date or any other deadlines in

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this case.

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shall remain as before.

Specifically, the deadline for filing discovery motions shall not be extended and

S DISTRICT

The foregoing stipulation is approved, and IT IS SO ORDERED. AS MODIFIED.

p
Honorable William Alsup Alsu
illiam
udge W
Judge of the J
United States District Court

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Date: August 1, 2011.

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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Dated: July 28, 2011

MORRISON & FOERSTER LLP

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By: /s/ Michael A. Jacobs
Michael A. Jacobs
MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
[e-mail]
MARC DAVID PETERS (Bar No. 211725)
[e-mail]
DANIEL P. MUINO (Bar No. 209624)
[e-mail]
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: [phone]
Facsimile: [phone]
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
[e-mail]
333 Main Street
Armonk, NY 10504
Telephone: [phone]
Facsimile: [phone]
STEVEN C. HOLTZMAN (Bar No. 144177)
[e-mail]
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
ORACLE CORPORATION
DORIAN DALEY (Bar No. 129049)
[e-mail]
DEBORAH K. MILLER (Bar No. 95527)
[e-mail]
MATTHEW M. SARBORARIA (Bar No. 211600)
[e-mail]
500 Oracle Parkway
Redwood City, CA 94065
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ORACLE AMERICA, INC.

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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Dated: July 28, 2011

KEKER & VAN NEST LLP

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By: /s/ Robert A. Van Nest
Robert A. Van Nest
KEKER & VAN NEST LLP
ROBERT A. VAN NEST (SBN 84065)
[e-mail]
CHRISTA M. ANDERSON (SBN184325)
[e-mail]
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]
KING & SPALDING LLP
SCOTT T. WEINGAERTNER (Pro Hac Vice)
[e-mail]
ROBERT F. PERRY
[e-mail]
BRUCE W. BABER (Pro Hac Vice)
[e-mail]
1185 Avenue of the Americas
New York, NY 10036-4003
Telephone: [phone]
Facsimile: [phone]
KING & SPALDING LLP
DONALD F. ZIMMER, JR. (SBN 112279)
[e-mail]
CHERYL A. SABNIS (SBN 224323)
[e-mail]
101 Second Street - Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
GREENBERG TRAURIG, LLP
IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GOOGLE INC.

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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ATTESTATION
I, Daniel P. Muino, am the ECF User whose ID and password are being used to file this
STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY CUT-OFF
AND DUE DATES FOR EXPERT REPORTS. In compliance with General Order 45, X.B., I
hereby attest that Michael A. Jacobs and Robert A. Van Nest have concurred in this filing.

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Date: July 28, 2011
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/s/ Daniel P. Muino
Daniel P. Muino

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STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF AND DUE DATES FOR EXPERT REPORTS
CASE NO. CV 10-03561 WHA (DMR)
pa-1476912

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