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Oracle America, Inc v. Micron Technology

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


November 18, 2011

ORACLE AMERICA, INC.,
PLAINTIFF,
v.
MICRON TECHNOLOGY, INC. AND
MICRON SEMICONDUCTOR PRODUCTS, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Phyllis J. Hamilton

Jerome A. Murphy (pro hac vice) David D. Cross (pro hac vice) 2 Matthew J. McBurney (pro hac vice) CROWELL & MORING LLP 3 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 4 Telephone: 202-624-2500 Facsimile: 202-628-5116 5 E-mail: jmurphy@crowell.com dcross@crowell.com 6 mmcburney@crowell.com Suzanne E. Rode (CA Bar No. 253830) CROWELL & MORING LLP 8 7 275 Battery Street, 23rd Floor San Francisco, CA 94111 9 Telephone: 415-986-2800 Facsimile: 415-986-2827 10 E-mail: srode@crowell.com 11 Counsel for Plaintiff Oracle America, Inc. 12

STIPULATION AND [PROPOSED] ORDER REGARDING PROCEDURE FOR STIPULATION OF AUTHENTICITY AND ADMISSIBILITY OF DOCUMENTS

Plaintiff and Defendants, through their undersigned counsel, hereby stipulate and move 24 the Court to enter as an Order, the following agreement with regard to a procedure for the 25 stipulation of documents as authentic pursuant to Fed. R. Evid. 901 and for evidentiary 26 foundation required for the admissibility of documents, including as business records pursuant 27 to Fed. R. Evid. 803(6). 28

2 litigation to meet and confer and attempt to reach agreement, where possible, regarding the 3 authenticity and admissibility of documents that the Parties may wish to introduce in 4 connection with summary judgment motions or at trial, and

and admissibility of such documents may continue after the close of the fact discovery period,

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

WHEREAS, the Parties agree that the process of conferring regarding the authenticity

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 continue to meet and confer in an effort to reach agreement concerning the authenticity and the 11 evidentiary foundation required for the admissibility of documents produced by the parties and 12 third parties in the course of this proceeding; 13 produced by either of the Parties will be stipulated to as authentic or admissible, counsel for 15 each Party shall have the right to take a deposition of an appropriate representative of the other 16 Party, such as a document custodian pursuant to Fed. R. Civ. P. 30(b)(6), and inquire regarding 17 whether particular documents meet the foundational requirements to qualify as authentic and 18 admissible, without regard to the presumptive limit on the number or length of depositions 19 provided by the Federal Rules of Civil Procedure; 20 may take place at any time prior to the date on which the Final Pretrial Order is entered, or 22 whenever a final list of trial exhibits is due, whichever is later. 23 24 25 26 27 28

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

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

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

ATTESTATION OF CONCURRENCE IN FILING

In accordance with the Northern District of California's General Order No. 45, Section

X.(B), I attest that concurrence in the filing of this document has been obtained from each of the 16 signatories who are listed above. 17 18

Jerome A. Murphy

Jerome A. Murphy

[PROPOSED] ORDER

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

IT IS SO ORDERED

Hamilton Phyllis J. United States District Court Judge

20111118

© 1992-2011 VersusLaw Inc.



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