COURT OF CHANCERY
OF THE
SAM GLASSCOCK III STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE
VICE CHANCELLOR 34 THE CIRCLE
GEORGETOWN, DELAWARE 19947
May 7, 2020
Joel Friedlander, Esq. Thomas A. Beck, Esq.
Jeffrey M. Gorris, Esq. Blake Rohrbacher, Esq.
Christopher P. Quinn, Esq. Susan M. Hannigan, Esq.
Bradley P. Lehman, Esq. Matthew D. Perri, Esq.
FRIEDLANDER & GORRIS, P.A. Daniel E. Kaprow, Esq.
1201 N. Market Street, Suite 2200 RICHARDS LAYTON & FINGER P.A.
Wilmington, DE 19801 One Rodney Square
920 N. King Street
Wilmington, DE 19801
A. Thompson Bayliss, Esq.
E. Wade Houston, Esq.
ABRAMS & BAYLISS LLP
20 Montchanin Road, Suite 200
Wilmington, DE 19807
Andrew S. Dupre, Esq.
MCCARTER & ENGLISH, LLP
405 N. King Street, 8th Floor
Wilmington, DE 19801
RE: In re Oracle Corporation Derivative Litigation
C.A. No.: 2017-0337-SG
Dear Counsel:
I have reviewed the briefing concerning the NetSuite Defendants’ request for
a stay of discovery, pending resolution of their Motions to Dismiss, currently under
consideration. In the exercise of my discretion, and in light of the state of the
litigation as well as the pendency of the Motions to Dismiss, the Motion to Stay is
denied. It is appropriate that discovery go forward in this long-pending matter, and
I note that the NetSuite Defendants will be key witnesses in the Lead Plaintiff’s case
regardless of the outcome of the Motions to Dismiss. In the interest of efficiency
and fairness, however, discovery of the NetSuite Defendants shall be limited to that
appropriate toward non-parties to the action, as though the Motions to Dismiss had
been granted. The parties should confer and agree on how to proceed most
efficiently in light of this discovery limitation. To the extent they cannot agree, the
parties may proceed through motions to compel/for a protective order, consistent
with my decision here. Far preferable, however, would be an agreement of the
parties as to the breadth of discovery appropriate during the pendency of the Motions
to Dismiss.
To the extent the foregoing requires an order to take effect, IT IS SO
ORDERED.
Sincerely,
/s/ Sam Glasscock III
Sam Glasscock III
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