Oracle Amercia, Inc v. Micron Technology, Inc. et al

Filing 83

STIPULATION AND ORDER REGARDING PROCEDURE FOR STIPULATION OF AUTHENTICITY AND ADMISSIBILITY OF DOCUMENTS re 82 Stipulation filed by Oracle America, Inc. Signed by Judge Phyllis J. Hamilton on 11/18/11. (nah, COURT STAFF) (Filed on 11/18/2011)

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Jerome A. Murphy (pro hac vice)
David D. Cross (pro hac vice)
Matthew J. McBurney (pro hac vice)
CROWELL & MORING LLP
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: 202-628-5116
E-mail: [e-mail]
[e-mail]
[e-mail]

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Suzanne E. Rode (CA Bar No. 253830)
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-986-2827
E-mail: [e-mail]

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Counsel for Plaintiff Oracle America, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
ORACLE AMERICA, INC.,

Case No. 10-cv-04340 PJH

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER REGARDING PROCEDURE
FOR STIPULATION OF
MICRON TECHNOLOGY, INC. and
AUTHENTICITY AND ADMISSIBILITY
MICRON SEMICONDUCTOR PRODUCTS, OF DOCUMENTS
INC.,
Hon. Phyllis J. Hamilton
Defendants.
v.

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Plaintiff and Defendants, through their undersigned counsel, hereby stipulate and move

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the Court to enter as an Order, the following agreement with regard to a procedure for the

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stipulation of documents as authentic pursuant to Fed. R. Evid. 901 and for evidentiary

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foundation required for the admissibility of documents, including as business records pursuant

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to Fed. R. Evid. 803(6).

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STIPULATION AND [PROPOSED] ORDER RE AUTHENTICITY AND ADMISSIBILITY OF DOCUMENTS
CASE NO. 10-CV-04340 PJH

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WHEREAS, the Parties believe that it will promote the efficient conduct of this

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litigation to meet and confer and attempt to reach agreement, where possible, regarding the

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authenticity and admissibility of documents that the Parties may wish to introduce in

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connection with summary judgment motions or at trial, and

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WHEREAS, the Parties agree that the process of conferring regarding the authenticity
and admissibility of such documents may continue after the close of the fact discovery period,
THEREFORE, the undersigned counsel for the Parties hereby STIPULATE and
AGREE as follows:
1.

Following the close of fact discovery on December 16, 2011, the parties shall

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continue to meet and confer in an effort to reach agreement concerning the authenticity and the

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evidentiary foundation required for the admissibility of documents produced by the parties and

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third parties in the course of this proceeding;

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2.

In the event that the parties are unable to agree whether particular documents

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produced by either of the Parties will be stipulated to as authentic or admissible, counsel for

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each Party shall have the right to take a deposition of an appropriate representative of the other

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Party, such as a document custodian pursuant to Fed. R. Civ. P. 30(b)(6), and inquire regarding

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whether particular documents meet the foundational requirements to qualify as authentic and

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admissible, without regard to the presumptive limit on the number or length of depositions

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provided by the Federal Rules of Civil Procedure;

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3.

Notwithstanding the Scheduling Order in place in this matter, such depositions

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may take place at any time prior to the date on which the Final Pretrial Order is entered, or

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whenever a final list of trial exhibits is due, whichever is later.

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STIPULATION AND [PROPOSED] ORDER RE AUTHENTICITY AND ADMISSIBILITY OF DOCUMENTS
CASE NO. 10-CV-04340 PJH

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SO STIPULATED and respectfully submitted this 16th day of November, 2011.

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GIBSON, DUNN & CRUTCHER LLP

CROWELL & MORING LLP

JOEL S. SANDERS

JEROME A. MURPHY

By: /s/ Joel S. Sanders

By: /s/ Jerome A. Murphy

Joel S. Sanders

Jerome A. Murphy

Attorney for Defendants

Attorney for Plaintiff

MICRON TECHNOLOGY, INC. and
MICRON SEMICONDUCTOR
PRODUCTS, INC.

ORACLE AMERICA, INC.

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ATTESTATION OF CONCURRENCE IN FILING
In accordance with the Northern District of California’s General Order No. 45, Section

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X.(B), I attest that concurrence in the filing of this document has been obtained from each of the

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signatories who are listed above.

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___

/s/_Jerome A. Murphy__________
Jerome A. Murphy

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STIPULATION AND [PROPOSED] ORDER RE AUTHENTICITY AND ADMISSIBILITY OF DOCUMENTS
CASE NO. 10-CV-04340 PJH

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[PROPOSED] ORDER

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Based upon the stipulation of the parties and for good cause shown, the foregoing is
hereby SO ORDERED:

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UNIT
ED

S

11/18/11
DATED: _________________

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RT
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PhyllisORDERE
O J. Hamilton

IT IS S

United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER RE AUTHENTICITY AND ADMISSIBILITY OF DOCUMENTS
CASE NO. 10-CV-04340 PJH