Oracle America, Inc. v. Innovative Technology Distributors, LLC

Filing 201

Order by Hon. Lucy H. Koh granting 182 Stipulation. (lhklc1, COURT STAFF) (Filed on 9/17/2012)

Case5:11-cv-01043-LHK Document182 Filed09/04/12 Page1 of 3

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MERYL MACKLIN (CA State Bar No. 115053)
[e-mail]
BRYAN CAVE LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Telephone: [phone]
Facsimile: [phone]

ROBERT S. FRIEDMAN (pro hac vice)
SHEPPARD MULLIN RICHTER &
HAMPTON LLP
30 Rockefeller Plaza
New York, NY 10112
Telephone: [phone]
Facsimile:
[phone]

JEFFREY S. ROSS (CA State Bar No. 138172)
ORACLE AMERICA, INC.
500 Oracle Parkway, 7th Floor
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Oracle America, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ORACLE AMERICA, INC.
Plaintiff,

CASE NO. 5:11-CV-01043-LHK (HRL)
Consolidated for all purposes with
Case No.: 5:11-cv-02135-LHK

v.
INNOVATIVE TECHNOLOGY
DISTRIBUTORS LLC
Defendant.

AMENDED STIPULATION AND ORDER
RE JUDGMENT ON COMPLAINT

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STIPULATION AND ORDER RE JUDGMENT ON COMPLAINT
Oracle America, Inc. v. Innovative Technology Distributors LLC
Case No. 5:11-CV-01043-LHK Consolidated for all purposes with
Case No.: 5:11-cv-02135-LHK (HRL)HROSAF\81327.1

Case5:11-cv-01043-LHK Document182 Filed09/04/12 Page2 of 3

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STIPULATION

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WHEREAS, Plaintiff Oracle America, Inc. (“Oracle”) filed its complaint in the United States

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District Court for the Northern District of California on March 7, 2011 seeking $19,105,396 in

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damages from Defendant Innovative Technology Distributors, LLC (“ITD”); and

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WHEREAS, the Complaint seeks those damages through claims for breach of contract,
goods sold and delivered, and account stated; and

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WHEREAS, Oracle filed a motion for summary judgment on its claims, and sought a slightly

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reduced damages award of $19,103,621, and the Court indicated during oral argument on Oracle’s

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summary judgment motion on August 23, 2012 that Oracle’s motion would be granted with respect

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to at least $18,121,140 of the amount claimed by Oracle, and instructed the parties to confer to see if

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a resolution could be reached regarding the remaining $982,481; and

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WHEREAS, in the Court’s Case Management Order dated August 27, 2012, the Court
instructed that the parties file a stipulation if they reached such a resolution;

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IT IS HEREBY STIPULATED AND AGREED AMONG THE PARTIES, subject to the

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order of this Court that:

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1.

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5:11-CV-01043 LHK in the amount of $19,103,621; and

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2.

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scheduled to begin on October 1, 2012, of the ITD claims that may remain in the action. The stay

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does not include any post-trial motions and appeals, but the parties reserve their rights to seek a

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further stay at the appropriate time at the conclusion of the trial; and

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///

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///

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///

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////

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///

Judgment shall be entered in favor of Oracle on each of the claims asserted in Case Number

The Court shall stay execution of the judgment until after the conclusion of the trial

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STIPULATION AND ORDER RE JUDGMENT ON COMPLAINT
Oracle America, Inc. v. Innovative Technology Distributors LLC
Case No. 5:11-CV-01043-LHK
HROSAF\81327.1

Case5:11-cv-01043-LHK Document182 Filed09/04/12 Page3 of 3

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3.

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interest and any other costs, if any, which the parties agree shall be decided separately at a later date.

This agreement is exclusive of, and without waiver or release of, Oracle’s right to pursue

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Respectfully submitted,
Dated: September 4, 2012

By: /s/ Robert S. Friedman
Robert S. Friedman, Esq. (admitted pro hac vice)

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Attorneys for Plaintiff Oracle America, Inc. and
Oracle Corporation

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

Dated: September 4, 2012

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LOWENSTEIN SANDLER PC
By: /s/Jason Halper_____
Jason Halper (admitted pro hac vice)

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Attorneys for Defendants Innovative Technology Distributors
LLC

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GENERAL ORDER 45 ATTESTATION
I, Meryl Macklin, hereby attest, pursuant to N.D. Cal. General Order No. 45, that
concurrence to the filing of this document has been obtained from each signatory hereto.

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/s/ Meryl Macklin
Meryl Macklin
Attorneys for Plaintiff Oracle America, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED
September 17, 2012
Dated: September___, 2012

______________________________________
The Honorable Lucy H. Koh
United States District Judge

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STIPULATION AND ORDER RE JUDGMENT ON COMPLAINT
Oracle America, Inc. v. Innovative Technology Distributors LLC
Case No. 5:11-CV-01043-LHK
HROSAF\81327.1