Oracle Corporation et al v. SAP AG et al

Filing 231

STIPULATION re 230 MOTION to Seal Document ; Declaration of Zachary J. Alinder in Support of Administrative Motion to File Documents Under Seal 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. 231

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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) STIPULATION TO PERMIT PLAINTIFFS TO FILE DEFENDANTS' DOCUMENTS UNDER SEAL

SAP AG, et al., Defendants.

A/72815675/2021039-0000324170

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

STIPULATION TO PERMIT PLAINTIFFS TO FILE DEFENDANTS' DOCUMENTS UNDER SEAL
Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(b)-(c), Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited (collectively, "Oracle") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, "Defendants," and with Oracle, the "Parties") jointly submit this stipulation to permit Oracle to file Defendants' documents under seal. 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. Accordingly, the Parties, through their respective counsel of record, stipulate that Oracle be permitted to file Exhibits A, D, E, and F to the Howard Declaration and unredacted versions of the Howard Declaration under seal. The Parties further agree that Oracle reserves its rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation and understand that this Stipulation is not intended to relieve Defendants' burden, under Local Rule 79-5(d), of supporting the confidentiality of the documents at issue. The Parties agree that neither the act of filing nor the filed documents shall be construed as a waiver of confidentiality designation or other protection with respect to

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

STIPULATION TO PERMIT PLAINTIFFS TO FILE DEFENDANTS' DOCUMENTS UNDER SEAL

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documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made therein. IT IS SO STIPULATED. DATED: January 16, 2009 BINGHAM McCUTCHEN LLP By: /s/ Geoffrey M. Howard

Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: January 16, 2009 JONES DAY By: /s/ Jason McDonell Jason McDonell Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

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

STIPULATION TO PERMIT PLAINTIFFS TO FILE DEFENDANTS' DOCUMENTS UNDER SEAL