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 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
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
JOINT ORDER REGARDING POST INJUNCTION CUSTODIAL
CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.
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:
IS HEREBY ORDERED:
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
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.
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
requested by Oracle, Rimini must, to the best of its ability,
review and produce documents by custodian in the order
specified by Oracle.
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