Oracle Corporation et al v. SAP AG et al

Filing 724

STIPULATION AND ORDER TO EXTEND TIME TO COMPLY WITH PORTIONS OF PRETRIAL ORDER REGARDING UNDER SEAL REQUESTS AND PRE-MARKED EXHIBITS re 723 Stipulation, filed by SAP AG, Tomorrownow Inc, SAP America Inc. Signed by Judge Phyllis J. Hamilton on 7/21/10. (nah, COURT STAFF) (Filed on 7/21/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 724

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [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 USA, INC., et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PORTIONS OF PRETRIAL ORDER REGARDING UNDER SEAL REQUESTS AND PRE-MARKED EXHIBITS
STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Pursuant to Civil Local Rule 6-3, Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (together with Plaintiffs, the "Parties") hereby submit this agreed-upon stipulation to extend time for the Parties to comply with the Court's June 11, 2009 Stipulated Revised Case Management and Pre-Trial Order ("June 11, 2009 Order") to file any request regarding the treatment of confidential or sealed documents ("under seal requests"), to submit pre-marked exhibits to the Court, and to exchange pre-marked exhibits. The June 11, 2009 Order sets August 5, 2010 as the deadline to (1) file under seal requests, (2) submit pre-marked exhibits to the Court, and (3) exchange pre-marked exhibits. The Parties jointly request that the Court extend the deadline to file under seal requests for documents identified in the Parties' August 5, 2010 disclosures to August 26, 2010. This extension allows the Parties an opportunity to review all documents and information disclosed on August 5, 2010 in accordance with the Court's June 11, 2009 Order. The Parties believe that granting the requested extension promotes efficient case management, as the Parties would only file their under seal requests after, rather than prior to, having the benefit of full disclosure of the documents and information that will be offered as evidence in the other side's case in chief. The Parties further jointly request that the Court extend the deadline to submit pre-marked exhibits to the Court to 7 calendar days after the Court has ruled on the Parties' under seal requests. The Parties believe that this extension of time avoids burdening the Court with requests to hold certain documents, for which special treatment is requested, in camera while the Court considers the requests. The Parties also jointly request permission to submit pre-marked exhibits to the Court in electronic, rather than hard copy, format. The Parties believe that submission of electronic exhibits avoids burdening the Court with potentially voluminous hard-copy exhibits. Finally, the Parties jointly request that the Court grant a 5 calendar-day extension of the deadline to exchange pre-marked exhibits to August 10, 2010. In light of the potential volume of exhibits to be exchanged, the Parties believe that this extension of time is necessary to allow the Parties adequate time to process and pre-mark exhibits disclosed on August 5, 2010 in accordance -1STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH (EDL)

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with the Court's June 11, 2009 Order. This requested extension does not impact any other portion of the current case schedule, including the current November 1, 2010 trial date. The only purpose of this requested extension is to extend the deadlines noted above, and thus this requested extension shall not in any way affect any other rights or obligations of the Parties.

DATED: July 19, 2010

JONES DAY By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

DATED: July 19, 2010

BINGHAM McCUTCHEN LLP By: /s/ Zachary Alinder

Zachary Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc.

IT IS SO ORDERED.
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STIP. AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH PRE-TRIAL ORDER Case No. 07-CV-1658 PJH

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H Phyllis J. Hamiltonamilton hyllis J. Judge P United States District Judge

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