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Oracle Corporation et al v. SAP AG et al

Reply Memorandum In Support of Motion for Sanctions Pursuant to Fed. R. Civ. P. 37

17 Cited authorities

  1. Yeti by Molly Ltd. v. Deckers Outdoor Corp.

    259 F.3d 1101 (9th Cir. 2001)   Cited 1,338 times
    Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

  2. Primrose Operating Co. v. Natl. American Ins. Co.

    382 F.3d 546 (5th Cir. 2004)   Cited 477 times   1 Legal Analyses
    Holding that questions relating to the bases and sources of an expert's opinion generally go to the weight of the opinion rather than its admissibility because it is "the role of the adversarial system, not the court, to highlight weak evidence"

  3. Payne v. Exxon Corp.

    121 F.3d 503 (9th Cir. 1997)   Cited 199 times
    Holding defendant lacked standing to compel a response to codefendant's discovery request

  4. Maisonville v. F2 America, Inc.

    902 F.2d 746 (9th Cir. 1990)   Cited 185 times
    Holding that the magistrate had jurisdiction to order Rule 11 sanctions and the district court properly reviewed the magistrate's order for clear error

  5. City County of San Francisco v. Tutor-Saliba Corp.

    218 F.R.D. 219 (N.D. Cal. 2003)   Cited 118 times
    Holding that Rule 26 requires "more than a lump sum statement of the damages allegedly sustained"

  6. Tracinda Corp. v. DaimlerChrysler AG

    362 F. Supp. 2d 487 (D. Del. 2005)   Cited 29 times
    Finding the deposition testimony at issue admissible under Rule 804(b) as former testimony because the testimony had guarantees of trustworthiness as it was given under oath and defendants had the opportunity to test the accuracy of the deponent's statements

  7. U.S. v. Rapanos

    376 F.3d 629 (6th Cir. 2004)   Cited 24 times
    Holding that failure to disclose supplemental expert witness report is harmless where other party was "aware of the data" and the district court gave that party "as much reasonable time as they need" to consult their own experts

  8. SPX Corp. v. Bartec USA, LLC

    574 F. Supp. 2d 748 (E.D. Mich. 2008)   Cited 15 times
    Affirming Magistrate Judge's sanctions for disclosing 2 weeks before discovered ended

  9. Estate of Gonzalez v. Hickman

    Case No. ED CV 05-00660 MMM (RCx) (C.D. Cal. Jun. 28, 2007)   Cited 9 times
    Finding that "plaintiffs' belated disclosure of [expert] reports was harmless" because "their substance was available to defendants" at a much earlier date

  10. Hsieh v. Peake

    No. C 06-5281 PJH (N.D. Cal. Mar. 25, 2008)   Cited 3 times

    No. C 06-5281 PJH. March 25, 2008 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PHYLLIS HAMILTON, District Judge The motion of defendant James B. Peake, Secretary of the Department of Veterans Affairs, for summary judgment came on for hearing before this court on March 5, 2008. Plaintiff Fang-Yuh Hsieh appeared in propria persona, and defendant appeared by his counsel Assistant United States Attorney Jennifer S. Wang. Having read the parties' papers and carefully considered their arguments

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 503,939 times   39 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  12. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 168,061 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,836 times   658 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  14. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,260 times   322 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  15. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,998 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  16. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 34,054 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)