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

Filing 895

STIPULATION AND ORDER re 894 STIPULATION WITH PROPOSED ORDER Stipulated Request to Enlarge Time and Set Schedule for Bill of Costs and Attorneys' Fees Briefing and [Proposed Order] filed by Hewlett Packard Enterprise Company. Signed by Judge Jon S. Tigar on February 14, 2019. (wsn, COURT STAFF) (Filed on 2/14/2019)

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

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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., a Delaware
corporation; ORACLE INTERNATIONAL
CORPORATION, a California corporation

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SAMUEL LIVERSIDGE, SBN 180578
[e-mail]
BLAINE H. EVANSON, SBN 254338
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Defendant
Hewlett Packard Enterprise Co.

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JEFFREY T. THOMAS, SBN 106409
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Telephone: [phone]
Facsimile: 949.451.4220

Plaintiffs,
v.

CASE NO. 3:16-cv-01393-JST
STIPULATED REQUEST TO
ENLARGE TIME AND SET
SCHEDULE FOR BILL OF COSTS
AND ATTORNEYS’ FEES BRIEFING
AND [PROPOSED] ORDER

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

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Pursuant to Civil Local Rules 6-2 and 54-5, Plaintiffs Oracle America, Inc. and Oracle

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International Corporation (together “Oracle”) and Defendant Hewlett Packard Enterprise Company

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STIPULATED REQUEST TO ENLARGE TIME AND SET SCHEDULE FOR BILL OF COSTS AND ATTORNEYS’
FEES BRIEFING AND [PROPOSED] ORDER
Case No. 3:16-cv-01393-JST

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(“HPE”) (together, the “Parties”) hereby submit this stipulated request to enlarge the time set for HPE’s
Bill of Costs and any briefing on attorney’s fees and related nontaxable expenses as follows:
WHEREAS, on January 29, 2019, the Court issued an order granting HPE’s motion for
summary judgment and denying Oracle’s cross-motion for summary judgment (ECF No. 881);
WHEREAS, the Court vacated all pending deadlines and hearings in this action, as well as the
trial date (id.);
WHEREAS, HPE intends to file a motion asking the Court to determine that it is the prevailing
party and for an award of full costs and reasonable attorneys’ fees pursuant to 17 U.S.C. § 505;
WHEREAS, Oracle intends to oppose any such motion and file a Notice of Appeal;

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WHEREAS, Civil Local Rule 54-1(a) states that “[n]o later than 14 days after entry of judgment
or order under which costs may be claimed, a prevailing party claiming taxable costs must serve and
file a bill of costs” and that “[t]he bill must state separately and specifically each item of taxable costs
claimed”;
WHEREAS, Civil Local Rule 54-5 states that: “[u]nless otherwise ordered by the Court after a
stipulation to enlarge time under Civil L.R. 6-2 or a motion under Civil L.R. 6-3, motions for awards
of attorney’s fees by the Court must be served and filed within 14 days of entry of judgment by the
District Court”;
WHEREAS, the Parties agree that the following briefing schedule would allow the parties to
prepare the Bill of Costs and HPE’s intended motion for attorney’s fees and related nontaxable
expenses in a way that would be most useful to the Court and would also allow the Parties to “meet
and confer for the purpose of resolving all disputed issues relating to attorney’s fees” (Civil L.R. 545(a));
WHEREAS, the Parties agree that HPE shall file its Bill of Costs under Local Rule 54-1 and
motion for attorney’s fees and related nontaxable expenses under Local Rule 54-5 no later than 30 days
after the entry of final judgment in this action;

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STIPULATED REQUEST TO ENLARGE TIME AND SET SCHEDULE FOR BILL OF COSTS AND ATTORNEYS’
FEES BRIEFING AND [PROPOSED] ORDER
Case No. 3:16-cv-01393-JST

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WHEREAS, the Parties agree that Oracle shall file its objections to HPE’s Bill of Costs and its
opposition to HPE’s motion for attorney’s fees and related nontaxable expenses no later than 30 days
after HPE files its Bill of Costs and motion;
WHEREAS, the Parties agree that HPE shall file its reply brief in support of its motion for
attorney’s fees and related nontaxable expenses no later than 21 days after Oracle files its opposition;
WHEREAS, the Parties agree that if any of the stipulated deadlines fall on a holiday or
weekend, that deadline shall be extended to the next regular Court day;
WHEREAS, other than setting the briefing deadlines above, nothing in this stipulation waives
or in any way affects any procedural or substantive argument that either Party may make in relation to
the issue of costs or fees in this matter.
NOW, THEREFORE, the parties respectfully request that the Court allow the Parties to proceed
in accordance with the briefing schedule described above.
IT IS SO STIPULATED AND REQUESTED.
Dated: February 13, 2019

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GIBSON, DUNN & CRUTCHER LLP
By:

/s/ Blaine H. Evanson
Blaine H. Evanson
Attorneys for Defendant
Hewlett Packard Enterprise Company

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Dated: February 13, 2019

LATHAM & WATKINS LLP
By:

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: _________________, 2019
February 14

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The Honorable Jon S. Tigar
United States District Judge

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STIPULATED REQUEST TO ENLARGE TIME AND SET SCHEDULE FOR BILL OF COSTS AND ATTORNEYS’
FEES BRIEFING AND [PROPOSED] ORDER
Case No. 3:16-cv-01393-JST