Order of Judge Thomas Jackson.
Granting in Part Microsoft's Motion to Compel Discovery from Oracle.
Re: DOJ v. Microsoft, Case No. 98-1232, 1233.
Date: September 29, 1998.
Source: U.S. District Court, District of Columbia, website.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

___________________________________________

UNITED STATES OF AMERICA,
     Plaintiff,

     v.

MICROSOFT CORPORATION,
     Defendant.

___________________________________________

STATE OF NEW YORK, et al.,
     Plaintiffs,

     v.

MICROSOFT CORPORATION,
     Defendant.

___________________________________________

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)   Civil Action No. 98-1233
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ORDER

Upon consideration of the motion of non-party witness Oracle Corporation for a protective order in connection with a certain subpoena duces tecum issued by the United States District Court for the Northern District of California on September 4, 1998, and the opposition of the defendant Microsoft Corporation thereto, it is this day of September, 1998,

ORDERED, that the motion for a protective order is granted in part and denied in part; and it is

FURTHER ORDERED, that Oracle Corporation shall produce, pursuant to the subpoena aforesaid, on or before October 9, 1998, all agreements actually entered into between Oracle Corporation and any of the following companies, dated 1994 or later, with respect to (1) the development or marketing of a UNIX operating system; (2) bundling of software, including web browsers; (3) Java, including (or in addition) Hot Java, JavaScript, and LiveScript; and (4) collaborative competition against Microsoft Corporation:

Apple Computer, Inc.

IBM Corporation

Novell, Inc.

Netscape Communication Corporation

Sun Microsystems, Inc.

Hewlett-Packard Co.

Compaq Computer Corporation

IT IS FURTHER ORDERED, that Oracle Corporation shall produce pursuant to the subpoena aforesaid, at a mutually agreeable time between October 9 and 14, 1998, one or more witnesses (at its election) for deposition pursuant to Fed. R. Civ. P. 30(b)(6) who are fully informed and knowledgeable about the agreements aforesaid and authorized to speak for Oracle Corporation on the subject thereof; and it is

FURTHER ORDERED, that the Protective Order of May 27, 1998, is applicable in all respects to all discovery produced by Oracle Corporation in accordance herewith.

____________________________
Thomas Penfield Jackson
U.S. District Judge