Plaintiffs' Motion for Leave to File Corrected Witness Statements : U.S. v. Microsoft Corp. and State of New York, ex rel. v. Microsoft Corp.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

PLAINTIFFS' MOTION FOR LEAVE TO FILE
CORRECTED WITNESS STATEMENTS

Plaintiffs respectfully requests leave to file with the Court corrected witness statements of James Gosling and John Soyring. On October 13, 1998, the plaintiffs submitted to the Court, and served on Microsoft, the witness statements of Messrs. Gosling and Soyring. Subsequently, the plaintiffs identified several minor, non-substantive errors in their statements.

Mr. Gosling's statement contained a number of minor formatting errors, including several missing paragraph numbers. The corrected version of Mr. Gosling's statement is identical in substance to the version filed on October 13, except that all paragraphs are now numbered, and the other minor formatting problems have been corrected.

With respect to Mr. Soyring's statement, seven words were inadvertently omitted from two sentences in Paragraph 7 of his statement. A corrected copy of Mr. Soyring's statement was provided to Microsoft on October 14, 1998. During Mr. Soyring's October 15, 1998 deposition noticed by Microsoft, the corrected statement was marked as an exhibit and Mr. Soyring confirmed that the correction was accurate and the corrected paragraph reflects his intended testimony.