JOINT STIPULATION AND [PROPOSED] ORDER BY DEFENDANT HEWLETT PACKARD ENTERPRISE COMPANY AND PLAINTIFFS ORACLE AMERICA INC. AND ORACLE INTERNATIONAL CORPORATION TO TAKE LIMITED DISCOVERY AFTER THE FACT DISCOVERY DEADLINE

JON S. TIGAR, District Judge.

Plaintiffs Oracle America, Inc. and Oracle International Corporation (together "Oracle") and Defendant Hewlett Packard Enterprise Company ("HPE") (together, the "Parties") submit the following joint stipulation in response to the Court's October 16, 2017 order entered by Magistrate Judge Laporte concerning a Joint Discovery Letter Brief submitted by the Parties pursuant to Local Rule 37-3 (the "October 16 Order"):

WHEREAS, fact discovery in this matter closed on October 2, 2017 (ECF No. 312);

WHEREAS, Local Rule 37-3 permits the parties to submit motions to compel discovery "7 days after the discovery cut-off";

WHEREAS, on October 3, 2017, the Parties submitted a Joint Discovery Letter Brief wherein HPE sought to compel Oracle to produce documents and deposition testimony from Mark Hurd and Oracle sought to compel HPE to produce documents and deposition testimony from Meg Whitman (ECF No. 354);

WHEREAS, on October 16, 2017, Magistrate Judge Laporte issued an Order on the Parties' Joint Discovery Letter Brief (ECF No. 394);

WHEREAS, the October 16 Order requires Oracle to do the following: "Within two weeks, Oracle shall search the collection of Hurd documents described in the parties' joint letter brief and produce any non-privileged documents that result, with any redacted documents and a privilege log covering all redacted or withheld-in-full documents to follow shortly thereafter." (id.);

WHEREAS, the October 16 Order further requires Oracle to "produce Hurd for a deposition, on a date that is mutually acceptable to the parties. The deposition is limited to 4 hours and to Hurd's knowledge of customers' rationales for leaving or returning to Oracle. The parties should agree to extend the deposition if solid justification appears." (id.);

WHEREAS, the October 16 Order requires HPE to, "within one week, . . . produce the emails between Whitman and an HPE customer, referred to in the parties' joint letter brief at page 9, as originally exchanged." (id.);

WHEREAS, the aforementioned discovery ordered in the October 16 Order will take place after the discovery cutoff of October 2, 2017, and Judge Laporte instructed the Parties to "seek leave of the District Judge to take this discovery after the fact discovery deadline." (id.);

WHEREAS, in light of Judge Laporte's October 16 Order, good cause exists to permit this limited discovery after the fact discovery cutoff;

WHEREAS, for the avoidance of doubt, the Parties are not proposing an extension of the fact discovery period; rather, the Parties are merely seeking this Court's approval to exchange discovery after the fact discovery cutoff as ordered by Judge Laporte, and as anticipated by the Local Rules;

WHEREAS, nothing in this stipulation shall be interpreted as any waiver of the Parties' rights to relief from Judge Laporte's October 16 Order;

NOW, THEREFORE, the parties hereby stipulate and request that the Court permit the Parties to exchange the discovery ordered by Judge Laporte in the October 16 Order by the dates set forth in that Order.

IT IS SO STIPULATED.