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

United States District Court, D. Nevada

September 6, 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 KAREN DUNN, BOIES SCHILLER FLEXNER LLP STEVEN C. HOLTZMAN BEKO O. REBLITZ-RICHARDSON, MORGAN, LEWIS & BOCKIUS LLP BENJAMIN P. SMITH JOHN A. POLITO SHARON R. SMITH, DORIAN DALEY DEBORAH K. MILLER JAMES C. MAROULIS ORACLE CORPORATION, Attorneys for Plaintiffs Oracle USA, Inc., Oracle America, Inc., and Oracle International Corp.

          GIBSON, DUNN & CRUTCHER LLP MARK A. PERRY, GIBSON, DUNN & CRUTCHER LLP, JEFFREY T. THOMAS, BLAINE H. EVANSON, JOSEPH A. GORMAN, CASEY J. MCCRACKEN, GIBSON, DUNN & CRUTCHER LLP, SAMUEL G. LIVERSIDGE, ERIC D. VANDEVELDE, RIMINI STREET, INC. DANIEL B. WINSLOW, RIMINI STREET, INC. JOHN P. REILLY, HOWARD & HOWARD ATTORNEYS PLLC W. WEST ALLEN Attorneys for Defendants Rimini Street, Inc. and Seth Ravin.

          JOINT ORDER REGARDING POST INJUNCTION CUSTODIAL DISCOVERY

          HON. CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         [PROPOSED] ORDER

         Pending before this Court is Oracle's Motion To Compel Re Post-Injunction Requests For Production (ECF No. 1237). Having considered the Parties' respective positions therein, including at the hearing conducted on September 3, 2019, and good cause existing:

         IT IS HEREBY ORDERED:

         1. Oracle's Motion To Compel Re Post-Injunction Requests For Production (ECF No. 1237) is GRANTED in part and DENIED in part 2. By September 6, 2019, Oracle must provide Rimini with 10 custodians and 120 search terms, which Rimini must use for its custodial productions. Oracle shall have complete discretion in selecting the custodians and search terms.

         3. By September 16, 2019, Rimini must make its first weekly rolling production of non-privileged custodial documents. Rimini must continue to produce non-privileged custodial documents on a rolling basis every seven days thereafter.

         4. The deadlines for discovery, initial expert disclosure, rebuttal expert disclosure, and Oracle's filing of a motion for order to show cause set forth in this Court's June 21, 2019 Order (Dkt. 1232) are VACATED, and this Court will conduct a status conference on October 7, 2019, at 1:00 p.m.

         5. If requested by Oracle, Rimini must, to the best of its ability, review and produce documents by custodian in the order specified by Oracle.

         6. For each weekly production and (if any) each weekly privilege log, counsel of record for Rimini must certify in writing pursuant to Federal Rule of Civil Procedure 26(g)(1)(a):

a. The number of unique documents reviewed for the production. Two documents are “unique” for purposes of this Order if the documents are identified as non-identical by Rimini's vendor after application of a reasonable de-duping algorithm;
b. The number of unique documents listed on the privilege log, if any;
c. The number of attorney hours expended on the production (including hours expended reviewing for privilege and ...

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