CIRCUIT COURT OF OREGON THIRD JUDICIAL DISTRICT MARION COUNTY COURTHOUSE P.O. BOX 12869 SALEM, OREGON 97309-0869 ; MARY MERTENS JAMES Circuit Court Judge PHONE: (503) 373-4303 FAX: (503) 373-4305 August 24, 2016 Pilar French Email:
[email protected] ; Lane Powell PC 601 SW 2ncl Ave Ste2100 Portland OR 97204 Mark Selwyn Email: mark. selwyn@ wilmerhale.com Attorney at Law 950 Page Mill Rd Palo Alto CA 94304 Lisa Kaner Email: lisakaner@marl<owitzherbold. com Markowitz Herbold PC 1211 SW 5th Ave Ste 3000 Portland OR 97204 John Rothermich Email:
[email protected] Garvey Schubert Barer 121 SW Morrison St 11th Fl Portland OR 97204 Re: Oracle America, Inc. v. Governor Kate Brown Case No. 15CV30762 Dear Counsel: This matter comes before the Court on defendants' Motion to Dismiss and Motion to Strike the Claim; and defendant's Motion for Summary Judgment. Oral i argument took place on June 16, 2016. Pilar French and Mark Selwyn appeared and represented plaintiff, Oracle America, Inc.; Lisa Kaner and John Rothermich appeared and represented defendant, Governor Kate Brown. Regarding the Motion to Dismiss and Motion to Strike the Claim, the Court received defendant's Motion and supporting Declarations, plaintiff's Response, and Pilar French Mark Selwyn Lisa Kaner John Rothermich August 24, 2016 Page 2 defendant's Reply. Regarding the defendant's Motion for Summary Judgment, the court received defendant's Motion and supporting Declarations, plaintiff's Response and supporting Declaration, and defendant's Reply and supporting Declarations. ;• Following oral argument, I then took the matters under advisement. I have carefully reviewed the pleadings, exhibits and undisputed material facts presented, and applicable statutes and case law.