Oracle America, Inc. et al v. Hewlett Packard Enterprise Company

Filing 352

STIPULATION AND ORDER re 348 STIPULATION WITH PROPOSED ORDER Re: Discovery To Be Taken After The Fact Discovery Deadline filed by Oracle America, Inc., Oracle International Corporation. Signed by Judge Jon S. Tigar on October 3, 2017. (wsn, COURT STAFF) (Filed on 10/3/2017)

1
2
3
4
5
6
7
8
9
10
11
12

LATHAM & WATKINS LLP
Christopher S. Yates (SBN 161273)
Christopher B. Campbell (SBN 254776)
Brittany N. Lovejoy (SBN 286813)
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: 415.395.8095
Email: [e-mail]
[e-mail]
[e-mail]
ORACLE CORPORATION
Dorian Daley (SBN 129049)
Deborah K. Miller (SBN 95527)
500 Oracle Parkway
M/S 5op7
Redwood City, CA 94065
Telephone: [phone]
Facsimile: 650.506.7114
Email: [e-mail]
[e-mail]

ORACLE CORPORATION
Jeffrey S. Ross (SBN 138172)
10 Van de Graaff Drive
Burlington, MA 01803
Telephone: [phone]
Facsimile: 781.238.6273
Email: [e-mail]
Attorneys for Plaintiffs
Oracle America, Inc., and Oracle
International Corporation

13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN FRANCISCO DIVISION

16
17
18

ORACLE AMERICA, INC., a Delaware
corporation; ORACLE INTERNATIONAL
CORPORATION, a California corporation
Plaintiffs,

19
20
21
22
23

v.

CASE NO. 3:16-cv-01393-JST
STIPULATION AND [PROPOSED]
ORDER RE: DISCOVERY TO BE
TAKEN AFTER THE FACT
DISCOVERY DEADLINE

HEWLETT PACKARD ENTERPRISE
COMPANY, a Delaware corporation; and DOES
1–50,
Defendants.

24
25
26
27
28
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY TO
BE TAKEN AFTER THE FACT DISCOVERY DEADLINE
CASE NO. 3:16-CV-01393-JST

1

WHEREAS, non-party BP America, Inc. (“BP”) recently brought a motion for a

2

protective order against the deposition subpoena issued by plaintiffs Oracle America Inc. and

3

Oracle International Corporation (collectively, “Oracle”) and, on August 25, 2017, Magistrate

4

Judge Laporte ordered BP to present its designee under Rule 30(b)(6) for deposition no later than

5

October 2, 2017. (See Dkt. No. 324);

6

WHEREAS, in light of the circumstances surrounding Hurricane Harvey, which

7

impacted BP’s operations in Houston, Texas, BP requested, and Oracle has stipulated to, a

8

continuance of the deposition to October 5, 2017 instead. (See Dkt. No. 331);

9

WHEREAS, Oracle has served both document and deposition subpoenas on third parties

10

ON Semiconductor (“ON Semi”) and Charter Communications (“Charter”), however discovery

11

into these customers will need to be completed shortly after the existing fact discovery deadline

12

to accommodate those third-parties and their schedules, including significant unanticipated

13

difficulties those non-parties have encountered gathering documents responsive to Oracle’s

14

subpoenas;

15

WHEREAS, HPE has served both document and deposition subpoenas on third-party

16

Gartner Inc. that Gartner Inc. has indicated cannot be completed before October 2, 2017 due to

17

extenuating circumstances;

18
19
20
21
22
23

WHEREAS, Oracle has requested the deposition of HPE employee Gary Olsen, for
whom HPE has not yet identified a deposition date;
WHEREAS, HPE has requested the deposition of Oracle employee Samuel Chan, who
Oracle contends is not available for deposition until October 19, 2017;
WHEREAS, HPE has subpoenaed for deposition former Oracle employee Miriam
Wagner, who Oracle contends is not available for deposition until October 3, 2017;

24

WHEREAS, Oracle has requested the deposition of former HPE employee Phillip

25

Whitaker, that deposition has not yet been scheduled, and Oracle and HPE enter into this

26

stipulation without prejudice to Oracle’s right to seek relief with respect to Mr. Whitaker’s

27

deposition, including the ability to depose Mr. Whitaker after the close of discovery, or HPE’s or

28

Mr. Whitaker’s right to oppose, on any ground, any such relief Oracle might seek;

ATTORNEYS AT LAW
SAN FRANCISCO

1

STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY TO
BE TAKEN AFTER THE FACT DISCOVERY DEADLINE
CASE NO. 3:16-CV-01393-JST

1

WHEREAS, the parties stipulate that this agreement will not be used by either side as a

2

basis to extend discovery for any other reason; neither party currently anticipates or has proposed

3

extending the fact discovery cutoff for any reason, however both sides reserve their right to move

4

to compel discovery in the time period allotted under Local Rule 37-3;

5
6

NOW, THEREFORE, the parties hereby stipulate and request that the Court order that
the following exceptions be permitted to the October 2, 2017 fact discovery cutoff:

7

(i)

Oracle’s deposition of BP shall take place on October 5, 2017.

8

(ii)

ON Semi and Charter’s document production and depositions may be allowed to

9

take place after October 2, 2017, but no later than October 20, 2017.

10
11

(iii)

after October 2, 2017, but no later than October 20, 2017.

12
13

(iv)

(v)

(vi)

HPE’s deposition of Miriam Wagner may be allowed to take place on October 3,

2017.

18
19

HPE’s deposition of Samuel Chan may be allowed to take place on October 19,

2017.

16
17

Oracle’s deposition of Gary Olsen may be allowed to take place after October 2,

2017, but no later than October 20, 2017.

14
15

Gartner Inc.’s document production and deposition may be allowed to take place

IT IS SO STIPULATED.
Dated: October 2, 2017

20

LATHAM & WATKINS LLP
By:

/s/ Christopher S. Yates
Christopher S. Yates
Attorneys for Plaintiffs
Oracle America, Inc. and
Oracle International Corporation

21
22
23

Dated: October 2, 2017

GIBSON, DUNN & CRUTCHER LLP

24
25

By:

/s/ Joseph Gorman
Joseph Gorman
Attorneys for Defendant
Hewlett Packard Enterprise Company

26
27
28
ATTORNEYS AT LAW
SAN FRANCISCO

///
2

STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY TO
BE TAKEN AFTER THE FACT DISCOVERY DEADLINE
CASE NO. 3:16-CV-01393-JST

1

PURSUANT TO STIPULATION, IT IS SO ORDERED

2
3

Dated: October 3, 2017

By:

THE HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

4
5
6

SIGNATURE ATTESTATION

7

I, Christopher S. Yates, am the ECF User whose identification and password are

8

being used to file the foregoing letter. Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures,

9

I attest that concurrence in the filing of this document has been obtained.

10
11

Dated: October 2, 2017

LATHAM & WATKINS LLP

12
13

By:

/s/ Christopher S. Yates
Christopher S. Yates

14

Attorneys for Plaintiffs
Oracle America, Inc. and
Oracle International Corporation

15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTORNEYS AT LAW
SAN FRANCISCO

3

STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY TO
BE TAKEN AFTER THE FACT DISCOVERY DEADLINE
CASE NO. 3:16-CV-01393-JST