Case4:10-cv-04340-PJH Document70

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GIBSON, DUNN & CRUTCHER LLP JOEL S. SANDERS, SBN 107234, JSanders@gibsondunn.com G. CHARLES NIERLICH, SBN 196611, GNierlich@gibsondunn.com MICHAEL CECCHINI, SBN 237508, MCecchini@gibsondunn.com 555 Mission Street, Suite 3000 San Francisco, California 94105-2933 Telephone: 415.393.8200 Facsimile: 415.393.8306 Attorneys for MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

ORACLE AMERICA, INC., Plaintiff, v. MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Defendants.

CASE NO. 10-CV-4340-PJH (JCS) STIPULATION & [PROPOSED] ORDER RE PRODUCTION OF SETTLEMENT AGREEMENTS

WHEREAS, Plaintiff Oracle America, Inc. (Oracle) and Defendants Micron Technologies, Inc. and Micron Semiconductor Products, Inc. (collectively, Micron) have met and conferred regarding the production of settlement agreements in this case that were executed between Sun Microsystems, Inc. (Sun) and defendant DRAM suppliers in the case Sun Microsystems, Inc. v. Hynix Semiconductor, Inc., et al., Case No. 06-cv-1665 (N.D. Cal.) (Sun v. Hynix); WHEREAS, counsel for Oracle and counsel for Micron have reached the following agreement regarding the production of the settlement agreements from Sun v. Hynix; IT IS HEREBY STIPULATED AND AGREED by and between Oracle and Micron, by and

STIPULATION & [PROPOSED] ORDER RE PRODUCTION OF SETTLEMENT AGREEMENTS CASE NO. CV 10-4340

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through their undersigned attorneys, that: (1) After the filing of any motion for summary judgment in which the testimony or declaration of any employee or former employee of a Sun v. Hynix settling defendant is cited, any party may apply to the Court for the disclosure of settlement agreements entered into between the plaintiff and the relevant settling defendant in such an action. The Court will consider such applications on an expedited basis. Application for disclosure of the relevant settlement agreements may be made by a two-page letter. Oppositions shall be due within forty-eight (48) hours and will also consist of a two-page letter. The parties are directed to meet and confer in advance of such an application in an effort to resolve the dispute. (2) Thirty (30) days before the pretrial conference statement is due, Oracle shall produce to Micron all settlement agreements between Oracle or Sun and any DRAM supplier as a result of claims brought by Sun in the case Sun v. Hynix. (3) All settlement agreements produced pursuant to this stipulation shall be produced on an attorneys eyes only basis.

DATED: July 18, 2011

GIBSON, DUNN & CRUTCHER LLP JOEL S. SANDERS By: /s/ Joel S. Sanders Joel S. Sanders Attorney for Defendants MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC.

CROWELL & MORING LLP JEROME A. MURPHY By: /s/ Jerome A. Murphy Jerome A. Murphy Attorney for Plaintiff ORACLE AMERICA, INC.

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ATTESTATION OF CONCURRENCE IN FILING In accordance with the Northern District of Californias General Order No. 45, Section X.(B), I attest that concurrence in the filing of this document has been obtained from each of the signatories who are listed above.

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/s/_Michael Cecchini__________ Michael Cecchini

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STIPULATION & [PROPOSED] ORDER RE PRODUCTION OF SETTLEMENT AGREEMENTS CASE NO. CV 10-4340

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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: _________________ __________________________________ HON. JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE

101112582.1

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STIPULATION & [PROPOSED] ORDER RE PRODUCTION OF SETTLEMENT AGREEMENTS CASE NO. CV 10-4340