Oracle Corporation et al v. SAP AG et al

Filing 237

STIPULATION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS DOCUMENTS SUPPORTING DEFENDANTS MOTION TO COMPEL by SAP AG, SAP America Inc, Tomorrownow Inc. (McDonell, Jason) (Filed on 1/16/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 237

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (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., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) STIPULATION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS SUPPORTING DEFENDANTS' MOTION TO COMPEL

SFI-601330v1

STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited (collectively, "Oracle"), and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Oracle, the "Parties") jointly submit this Stipulation to permit Defendants to file under seal Plaintiffs' documents supporting Defendants' Motion to Compel Discovery Concerning Third Party Support Provided by Oracle's Partners ("Motion to Compel") under seal. WHEREAS, Defendants filed their Motion to Compel on January 16, 2009; WHEREAS, the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by the Motion to Compel until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, Exhibits 18 and 19 to the Declaration of Jason McDonell ("McDonell Declaration") in support of Defendants' Motion to Compel, and portions of the Motion to Compel and McDonell Declaration that reference Exhibits 18 and 19, contain information designated by Plaintiffs as "Confidential Information" and "Highly Confidential Information - Attorneys' Eyes Only" pursuant to the Protective Order entered on June 6, 2007 in this action; NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Defendant be permitted to file under seal Exhibits 18 and 19 to the McDonell Declaration in support of Defendants' Motion to Compel, and portions of the Motion to Compel and McDonell Declaration that reference Exhibits 18 and 19. The Parties further agree that Defendants reserve their rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation. While the Parties agree that the redacted Motion to Compel may be filed publicly, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to documents, transcripts or other information referred to in, or that serve as the basis for, the allegations or arguments made in it. IT IS SO STIPULATED.

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STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)

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DATED: January 16, 2009

JONES DAY

By: /s/ Jason McDonell Jason McDonell Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 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 BINGHAM McCUTCHEN LLP

By:

/s/ Zachary J. Alinder Zachary J. Alinder

Attorneys for Plaintiffs ORACLE USA, INC., ORACLE INTERNATIONAL CORPORATION, ORACLE SYSTEMS CORPORATION, ORACLE EMEA LIMITED, and J.D. EDWARDS EUROPE LIMITED

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STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)