Rille, et al v. Roberts, et al

Filing 165

ORDER granting 145 Motion to Seal Unredacted Versions of Various Papers re Relators' Motion for Award of Statutory Attorneys' Fees, Costs and Expenses. Signed by Judge Billy Roy Wilson on 5/5/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

___________________________________
)
UNITED STATES OF AMERICA
)
ex rel. NORMAN RILLE AND NEAL
)
ROBERTS,
)
)
PLAINTIFFS,
)
VS.
)
)
HEWLETT PACKARD COMPANY,
)
)
)
DEFENDANT.
)
____________________________________)

Civil Action 4:04CV00989-BRW

ORDER GRANTING RELATORS’ MOTION TO FILE
UNDER SEAL UNREDACTED VERSIONS OF VARIOUS PAPERS
REGARDING RELATORS’ MOTION FOR AWARD OF
STATUTORY ATTORNEYS’ FEES, COSTS AND EXPENSES
After consideration of Relators’ Motion to File Under Seal Unredacted Versions of
Various Papers Regarding Relators’ Motion for Award of Statutory Attorneys’ Fees, Costs and
Expenses (“the Motion”), the Court GRANTS the Motion (Doc. No. 145) as follows:
1. With regard to time records of counsel for Relators (Exhibits 4a–6b) to the Affidavit of
Von G. Packard (“Time Records”), the Court orders that, within 7 days of the date of this Order,
the redacted versions of the Time Records will be filed under seal and that Relators will serve
HP the redacted version of such records with the following restrictions:
(a) HP’s possession, use, and disclosure of the Time Records and the information therein
will be restricted to their counsel, Morgan Lewis & Bockius, (including its attorneys and staff),
in-house counsel for HP, and a consultant, subject to a non-disclosure agreement. The attached

Exhibit A as the Non-Disclosure Agreement, which must be executed prior to disclosure. This
means that the consultant would also be bound by this Court’s Order, which includes in part that
the consultant is not a consultant for, and will not consult with, Accenture LLP, Proquire or their
counsel in the related case pending before the Court.
(b) HP is permitted (if it chooses) to share the redacted Time Records with current
outside or in-house counsel for Sun Microsystems, Inc. (“Sun”) and/or Oracle in the related
action styled United States ex rel. Rille v. Sun Microsystems, Inc., Civ. No. 4:04-cv-00986BRW, and/or with current outside or in-house counsel for Cisco Systems, Inc. (“Cisco”) in the
related action styled United States ex rel. Rille v. Cisco Systems, Inc., Civ. No. 4:04-cv-00988BRW, but only after proper execution of the attached Exhibit A as the Non-Disclosure
Agreement. This means Sun and Oracle, their current outside counsel and in-house counsel, and
their consultant, and/or Cisco, its current outside counsel and in-house counsel, and its
consultant, would also be bound by this Order, which includes in part that the consultant is not a
consultant for, and will not consult with, Accenture LLP or Proquire or their counsel in the
related case pending before with Court.
(c) HP will have 14 days after being served with the redacted Time Records in which to
object to the redactions. In the event Cisco challenges the redactions in the Time Records, and/or
attempts to obtain the information contained in the redacted time records, and/or should the
Court deem it otherwise desirable, counsel for Relators will submit, to the Court only, the
unredacted version of the Time Records for in camera review and decision by the Court.
(d) Cisco, its current counsel, HP, and its current counsel, Sun and Oracle, and their
current counsel, will not be permitted to share said records or information with counsel for

Accenture LLP or Proquire, or Dickstein Shapiro, or any consultant for Accenture or Proquire,
or any other entity or individual not authorized under Exhibit A.
2. The filing under seal of the unredacted versions of, and service of Relators’ Exhibits
A-9, A-10, A-11, A-12, A-13, A-15, A-16, A-18, A-21, A-22, A-23, A-24, A-25, A-26, A-29,
A30, A-31, A-32 to the Affidavit of Von G. Packard, the Affidavit of Von G. Packard, and the
Memorandum of Law in Support, will not constitute waiver of Joint Prosecution and/or Common
Interest Privileges with the Government or any other privileges. Relators will file under seal and
serve HP with these exhibits within 7 days of the date of this Order. HP will not share these
exhibits with any entity or individual other than HP’s outside counsel (including their attorneys
and staff) and in-house counsel.
IT IS SO ORDERED this 5th day of May, 2011.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

EXHIBIT A
NON-DISCLOSURE AGREEMENT
I hereby certify my understanding and agreement that the Memorandum of Law
Supporting Relators’ Motion for Award of Statutory Attorney Fees, Costs and Expenses, the
Affidavit of Von G. Packard in support thereof and certain exhibits and time records (“Protected
Documents”) are being provided to me pursuant to, and I am subject to, the terms and
restrictions of the Order Granting Motion to File under Seal Various Papers Regarding Relators’
Motion for Award of Statutory Attorneys' Fees, Costs and Expenses entered by the Court in U.S.
ex rel. Norman Rille, et al. v. Hewlett Packard Company, U.S. District Court, Eastern District of
Arkansas, Civil Case No. 4-04CV00989 (BRW) (“the Order”). I have been given a copy of the
Order and have read it.
I agree to be bound by the Order. I will not provide a copy of the foregoing Protected
Documents, nor the information contained therein, to anyone except as allowed in the Order and
not to Accenture LLP or Proquire, or their counsel, or their consultant(s) in this case or the
related cases filed with the Court in the Eastern District of Arkansas by Relators Norman Rille
and Neal Roberts.
I will maintain all the foregoing Protected Documents, and the information contained
therein, in a secure manner to prevent unauthorized access to it. No later than thirty (30) days
after the conclusion of the above-captioned litigation, I will return the foregoing Protected
Documents to the counsel who provided me with same.
I hereby agree to be subject to the attached Order and declare under penalty of perjury
that the foregoing is true and correct and that this Non-Disclosure Agreement is executed this
_____ day of ___________ , at ___________________.
_________________________

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