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Oracle America, Inc. v. Innovative Technology Distributors LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 17, 2012

ORACLE AMERICA, INC.
PLAINTIFF,
v.
INNOVATIVE TECHNOLOGY DISTRIBUTORS LLC DEFENDANT.

The opinion of the court was delivered by: The Honorable Lucy H. Koh United States District Judge

Consolidated for all purposes with AMENDED 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

STIPULATION

WHEREAS, Plaintiff Oracle America, Inc. ("Oracle") filed its complaint in the United States District Court for the Northern District of California on March 7, 2011 seeking $19,105,396 in 4 damages from Defendant Innovative Technology Distributors, LLC ("ITD"); and 5 6 goods sold and delivered, and account stated; and 7 8 reduced damages award of $19,103,621, and the Court indicated during oral argument on Oracle's 9 summary judgment motion on August 23, 2012 that Oracle's motion would be granted with respect 10 to at least $18,121,140 of the amount claimed by Oracle, and instructed the parties to confer to see if 11 a resolution could be reached regarding the remaining $982,481; and 12 13 instructed that the parties file a stipulation if they reached such a resolution; 14 15 order of this Court that: 16

5:11-CV-01043 LHK in the amount of $19,103,621; and 18

2. The Court shall stay execution of the judgment until after the conclusion of the trial 19 scheduled to begin on October 1, 2012, of the ITD claims that may remain in the action. The stay 20 does not include any post-trial motions and appeals, but the parties reserve their rights to seek a 21 further stay at the appropriate time at the conclusion of the trial; and 22

WHEREAS, the Complaint seeks those damages through claims for breach of contract,

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

WHEREAS, in the Court's Case Management Order dated August 27, 2012, the Court

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

1. Judgment shall be entered in favor of Oracle on each of the claims asserted in Case Number 17

3. This agreement is exclusive of, and without waiver or release of, Oracle's right to pursue 2 interest and any other costs, if any, which the parties agree shall be decided separately at a later date. 3

Respectfully submitted,

Dated: September 4, 2012 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By: /s/ Robert S. Friedman Robert S. Friedman, Esq. (admitted pro hac vice) Attorneys for Plaintiff Oracle America, Inc. and Oracle Corporation Dated: September 4, 2012 LOWENSTEIN SANDLER PC By: /s/Jason Halper_____ Jason Halper (admitted pro hac vice) Attorneys for Defendants Innovative Technology Distributors 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. /s/ Meryl Macklin Meryl Macklin Attorneys for Plaintiff Oracle America, Inc. Dated: September___, 2012

20120917

© 1992-2012 VersusLaw Inc.



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