United States District Court, D. Nevada
ORACLE USA, INC.; a Colorado corporation; ORACLE AMERICA, INC.; a Delaware corporation; and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs,
RIMINI STREET, INC., a Nevada corporation; and SETH RAVIN, an individual, Defendants.
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
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
CAM FERENBACH, UNITED STATES MAGISTRATE JUDGE
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.
OF DAVID R. KOCAN
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.
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”).
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.
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.
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.
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.
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.
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