Oracle Corporation et al v. SAP AG et al

Filing 230

MOTION to Seal Document ; Declaration of Zachary J. Alinder in Support of Administrative Motion to File Documents Under Seal filed by Oracle International Corporation, Oracle EMEA Limited, Oracle USA Inc.. (Alinder, Zachary) (Filed on 1/16/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 230

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOWARD (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE DEFENDANTS' DOCUMENTS UNDER SEAL; DECLARATION IN SUPPORT OF ADMINISTRATIVE MOTION

SAP AG, et al., Defendants.

A/72815713/2021039-0000324170

Case No. 07-CV-01658 PJH (EDL)

PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL; DECLARATION IN SUPPORT THEREOF
Dockets.Justia.com

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I.

INTRODUCTION Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited

(collectively, "Oracle"), together with Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, "Defendants," and with Oracle, the "Parties"), respectfully request an Order sealing (1) portions of the Declaration of Geoffrey M. Howard in support of Oracle's Motion to Compel Production of Documents, Answers to Interrogatories, and Rule 30(b)(6) Testimony Related to Hyperion, Retek, and EBS Products ("Howard Declaration"), and (2) Exhibits A, D, E, and F to the Howard Declaration. Unredacted versions of these documents were lodged with the Court on January 16, 2009. This request is made pursuant to Civil Local Rules 7-11 and 79-5 and the Protective Order signed by Judge Martin Jenkins on June 6, 2007. This request is supported by the Parties' Stipulation Regarding Plaintiffs' Administrative Motion to Seal, filed concurrently with this Motion. II. ARGUMENT Oracle requests that the documents listed in detail in the attached Declaration of Zachary J. Alinder ("Alinder Declaration") be filed under seal. Good cause exists for filing the referenced documents under seal, because they contain content that was designated by Defendants as either "Highly Confidential Information - Attorneys' Eyes Only," or "Confidential Information," pursuant to the Parties' Protective Order. Pursuant to Civil Local Rule 79-5(d) and Paragraph 14 of the Protective Order, Oracle is obligated to lodge these documents with the Court with a request to file them under seal. Oracle's request is narrowly tailored, as required by Local Rule 79-5(a), and seeks to protect only those documents that contain Defendants' allegedly confidential information, until such time as Defendants may submit a declaration in accordance with Civil Local Rule 75-9(d) and the Court makes a final ruling as to the confidentiality of the relevant subject matter. Therefore, good cause supports this request, and the documents referenced herein should appropriately be filed under seal.

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III.

CONCLUSION For the foregoing reasons, Oracle respectfully requests that the Court order the filing of

the documents listed in detail in the attached Alinder Declaration under seal. A Proposed Order is submitted with this Motion. DATED: January 16, 2009 BINGHAM McCUTCHEN LLP

By:

/s/ Geoffrey M. Howard Geoffrey M. Howard Attorneys for Plaintiffs Oracle Corporation, Oracle USA, Inc., and Oracle International Corporation

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DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL I, Zachary J. Alinder, declare: 1. I am a member of the State Bar of California and a partner at Bingham

McCutchen LLP, counsel of record for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited (collectively, "Oracle") in this action. Except for matters stated below on information and belief, I have personal knowledge of the matters stated in this declaration by virtue of my representation of Oracle in this action. If called and sworn as a witness, I could and would competently testify to such matters. 2. Pursuant to Civil Local Rule 79-5 and the stipulated Protective Order entered on

June 6, 2007 in this case (Docket No. 32), I make this Declaration in support of Oracle's Administrative Motion to File Defendants' Documents Under Seal (the "Motion to Seal"). 3. The requested relief is necessary and narrowly tailored to protect the alleged

confidentiality of the materials put at issue by Oracle's Motion to Compel Production of Documents, Answers to Interrogatories, and Rule 30(b)(6) Testimony Related to Hyperion, Retek, and EBS Products ("Motion to Compel"), until such time as the Court rules on the confidentiality of the relevant subject matter. Specifically, Exhibits A, D, E, and F to the Declaration of Geoffrey M. Howard in Support of Oracle's Motion to Compel (the "Howard Declaration"), and references to these exhibits within the Howard Declaration, contain information designated by Defendants as "Confidential Information" and "Highly Confidential Information - Attorneys' Eyes Only," pursuant to the Protective Order entered in this action on June 6, 2007. 4. Pursuant to Civil Local Rule 7-11, a stipulation is included with this

Administrative Motion. 5. The following documents, or portions of documents, contain information

designated Highly Confidential and/or Confidential by Defendants: a. The Howard Declaration Page 3, lines 19-23
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Page 5, lines 1-2, 4-5, and 7-8 b. Exhibits A, D, E, and F to the Howard Declaration (1) (Ex. A) Email with the subject line "Re: Opportunities at SAP," Bateslabeled SAP-OR00503877-82. SAP-OR00503877-82 was marked "Confidential Information" by Defendants. (2) (Ex. D) "Safe Passage Status Update," Bates-labeled SAPOR00001189-95. SAP-OR00001189-95 was marked "Highly Confidential Information - Attorneys' Eyes Only" by Defendants. (5) (Ex. E) "Business Case: TomorrowNow - Hyperion," Bates-labeled SAP-OR00252116-137. SAP-OR00252116-137 was marked "Highly Confidential Information - Attorneys' Eyes Only" by Defendants. (6) (Ex. F) "Business Case: TomorrowNow - Oracle eBusiness Suite," Bates-labeled SAP-OR00252138-146. SAP-OR00252138-146 was marked "Highly Confidential Information - Attorneys' Eyes Only" by Defendants. I declare under penalty of perjury that the foregoing is true and correct. Executed in San Francisco, California, on January 16, 2009.

By:

/s/ Zachary J. Alinder Zachary J. Alinder

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PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL; DECLARATION IN SUPPORT THEREOF