STIPULATION AND [PROPOSED] ORDER RE: NON-PARTY DEPOSITION OF BETSY MCDEVITT

JON S. TIGAR, District Judge.

WHEREAS, plaintiffs Oracle America Inc. and Oracle International Corporation (collectively, "Oracle") sought the deposition of non-party Charter Communications during the fact discovery period;

WHEREAS, Oracle represents that Oracle and Charter jointly identified former Charter employee Betsy McDevitt as an appropriate deponent with knowledge of facts relevant to this case, in lieu of testimony from Charter pursuant to Rule 30(b)(6);

WHEREAS, on October 3, 2017 (see Dkt. No. 352), the Court entered the parties' stipulation allowing Oracle to complete its discovery of Charter no later than October 20, 2017;

WHEREAS, Oracle set Ms. McDevitt's deposition for October 17, 2017;

WHEREAS, Ms. McDevitt notified the parties' counsel on October 13, 2017, that she unexpectedly needed to undergo an urgent surgical procedure the week of October 17, 2017, and, for this reason, needed to postpone her deposition;

WHEREAS, Oracle represents that Ms. McDevitt has agreed to appear for deposition on November 16, 2017; and

WHEREAS, HPE does not object to Ms. McDevitt's deposition proceeding on November 16, 2017, given her stated medical condition;

WHEREAS, the parties stipulate that this agreement will not be used by either side as a basis to seek an order extending discovery or creating other exceptions to the discovery cutoff for any other reason;

NOW, THEREFORE, the parties hereby stipulate and request that the Court amend its October 3, 2017 order so as to allow the deposition of Betsy McDevitt, former employee of Charter Communications, to proceed after the October 2, 2017 fact discovery cutoff, and, specifically, on November 16, 2017.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.