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Oracle USA, Inc. v. Rimini Street, Inc.

United States District Court, D. Nevada

August 19, 2019

ORACLE USA, INC.; a Colorado corporation; ORACLE AMERICA, INC.; a Delaware corporation; and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs,
v.
RIMINI STREET, INC., a Nevada corporation; and SETH RAVIN, an individual, Defendants.

          BOIES SCHILLER FLEXNER LLP RICHARD J. POCKER BOIES SCHILLER FLEXNER LLP WILLIAM ISAACSON (pro hac vice) KAREN DUNN (pro hac vice) BOIES SCHILLER FLEXNER LLP STEVEN C. HOLTZMAN (pro hac vice) BEKO O. REBLITZ-RICHARDSON (pro hac vice) Attorneys for Plaintiffs Oracle USA, Inc., Oracle America, Inc. and Oracle International Corp.

          MORGAN, LEWIS & BOCKIUS LLP BENJAMIN P. SMITH (pro hac vice) JOHN A. POLITO (pro hac vice) SHARON R. SMITH (pro hac vice) DORIAN DALEY (pro hac vice) DEBORAH K. MILLER (pro hac vice) JAMES C. MAROULIS (pro hac vice) ORACLE CORPORATION

          ORACLE'S MOTION FOR ORDER SHORTENING TIME RE: ORACLE'S MOTION TO COMPEL AND MEMORANDUM OF POINTS AND AUTHORITIES RE POST-INJUNCTION REQUESTS FOR PRODUCTION

          HON. CAM FERENBACH, UNITED STATES MAGISTRATE JUDGE

         Plaintiffs Oracle USA, Inc., Oracle America, Inc., and Oracle International Corporation (collectively “Oracle”) respectfully move the Court for an order shortening the time for briefing Oracle's Motion to Compel and Memorandum of Points and Authorities re Post-Injunction Requests for Production (“Motion to Compel”) filed on August 19, 2019. Because the Motion concerns an abbreviated discovery schedule, including expert disclosures in less than three weeks, Oracle requests that a response to its Motion to Compel be filed on or before August 26, 2019 (seven days after filing Oracle's motion, as opposed to the ordinary fourteen days), with Oracle's reply due on or before August 29, 2019 (three days after the filing of any response, as opposed to the ordinary seven days). Defendant Rimini Street, Inc. (“Rimini”) has been notified of and has agreed to Oracle's proposed expedited briefing schedule. This Motion is based upon the Declaration of David R. Kocan, the Memorandum of Points and Authorities that follow, the entire record in this action, and such other matters and arguments as may be presented to the Court.

         DECLARATION OF DAVID R. KOCAN

         I, David R. Kocan, declare as follows:

         1. I am an attorney at Morgan, Lewis & Bockius, LLP, counsel of record in this action for Plaintiffs Oracle USA, Inc., Oracle America, Inc. and Oracle International Corp. (collectively, “Oracle”). I have personal knowledge of the facts set forth in this declaration and would competently testify to them if called upon to do so.

         2. On August 19, 2019, Oracle filed its Motion to Compel in this action. Oracle's Motion to Compel seeks an order compelling Defendant Rimini Street, Inc. (“Rimini”) to produce documents in response to Oracle's Supplemental Requests for Production of Documents 1-5 and 8-11 (“Supplemental RFPs”).

         3. Under the Federal and Local Rules, Rimini's response to Oracle's Motion to Compel would be due September 2, 2019. Any reply from Oracle would be due September 9, 2019. Oracle's initial expert disclosures are due September 5, 2019, and discovery closes October 8, 2019.

         4. Further delays by Rimini in producing the custodial documents that are the subject of Oracle's Motion to Compel would severely prejudice Oracle, including with respect to its disclosure of expert witnesses.

         5. Oracle has moved as expediently as possible in filing the Motion to Compel-a process that was prolonged due to extensive meet and confer efforts, during which Oracle repeatedly attempted to persuade Rimini to provide the discovery at issue. The Parties exchanged correspondence regarding the issues raised in Oracle's Motion to Compel on July 3, July 9, July 12, July 17, July 18, July 23, July 26, July 29, July 30, August 2, August 5, August 11, August 13, and August 16, 2019. The Parties conducted telephonic meet-and-confers on July 3, July 19, July 24, and August 1, 2019 concerning these issues. Oracle provides additional information regarding the Parties' meet and confer efforts in Oracle's Motion to Compel.

         6. Rimini has not yet produced any custodial documents, instead taking the position that Oracle must agree to a significantly underinclusive set of custodians and search terms before Rimini will produce any custodial documents. Rimini also refuses to agree to any schedule for custodial production, insisting that it has no obligation to produce any custodial production before the close of discovery.

         7. On August 11, 2019, Oracle notified Rimini that it would move forward with a motion to compel unless Rimini agreed, by the close of business on August 13, to: (1) search for documents from the requested custodians hitting on Oracle's proposed search terms, (2) produce responsive custodial documents on a rolling basis beginning immediately, and (3) agree to a reasonable time frame for production. On August 13, 2019, Rimini refused to agree to Oracle's request for the production of relevant custodial materials, instead continuing its delay tactics.

         8. Also on August 11, 2019, Oracle proposed the shortened briefing schedule that this Motion requests, whereby Rimini's opposition would be due one week after Oracle filed its Motion to Compel and Oracle's reply would be due three days thereafter. On August 13, 2019, Rimini requested that ...


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