Oracle America, Inc. v. Google Inc.

Filing 374

ORDER APPOINTING RULE 706 EXPERT AND COUNSEL. Signed by Judge Alsup on August 30, 2011. (whalc1, COURT STAFF) (Filed on 8/30/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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No. C 10-03561 WHA

Plaintiff,
v.

ORDER APPOINTING
RULE 706 EXPERT
AND COUNSEL

GOOGLE INC.,
Defendant.
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Having considered both candidates to serve as damages experts under FRE 706,

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Dr. James R. Kearl is hereby APPOINTED to serve as the Rule 706 damages expert. Attorney

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John Cooper of Farella Braun + Martel LLP is hereby APPOINTED to serve as his pro bono

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counsel. Attorney Cooper’s duties are those described in the August 4 order (Dkt. No. 272).

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Attorney Cooper shall work with counsel from both sides to draft a proposed order

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describing the scope of Dr. Kearl’s assignment and the procedures by which the parties will pay

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for his work and expenses. The proposed order should be filed by NOON on SEPTEMBER 6, 2011.

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Additionally, Attorney Cooper shall coordinate with counsel from both sides to make sure the

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other candidate who attended the August 19 hearing is reimbursed for the expense of doing so.

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To accommodate Dr. Kearl’s request for more time, the damages issues will not be tried

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on the current schedule. The precise trial schedule, however, will depend on the timing of the

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second large trial in an ongoing criminal matter before the undersigned judge. If the second large

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criminal trial begins on October 17 as scheduled, then the entire trial in the instant civil matter

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will be delayed considerably. If the second large criminal trial does not begin on October 17,

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then the liability portion of this civil trial will go forward on October 31 as scheduled, with all

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damages issues reserved for a second trial. The damages trial would trail by at least a month,

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beginning in early December at the earliest. This bifurcation would not change the total amount

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of trial time available; the allotted time simply would be divided between the two trials. The

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same jury would hear both the liability trial and the damages trial. Due to the uncertainty

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regarding the criminal trial, Dr. Kearl’s assignment should be planned such that it can be

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completed by early December in preparation for a possible damages trial at that time.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: August 30, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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