Oracle Corporation et al v. SAP AG et al

Filing 338

MOTION to Seal Document Defendants' Administrative Motion to Permit Defendants to File Under Seal Documents Supporting Defendants' Motion for Sanctions and Motion to Compel filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Proposed Order)(McDonell, Jason) (Filed on 7/14/2009)

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Oracle Corporation et al v. SAP AG et al Doc. 338 Case4:07-cv-01658-PJH Document338 Filed07/14/09 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 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) DEFENDANTS' ADMINISTRATIVE MOTION TO PERMIT DEFENDANTS TO FILE UNDER SEAL DOCUMENTS SUPPORTING DEFENDANTS' MOTION FOR SANCTIONS AND MOTION TO COMPEL DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 07-CV-1658 PJH (EDL) Dockets.Justia.com Case4:07-cv-01658-PJH Document338 Filed07/14/09 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16(f); I. INTRODUCTION Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, Defendants) respectfully request that the Court order the Clerk of the Court to file the following documents under seal: 1. Portions of Defendants' Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 2. Exhibits D, J, K, L, P and Q to the Declaration of Elaine Wallace in Support of Defendants' Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 16(f) with; 3. Portions of the Declaration of Stephen K. Clarke in Support of Defendants' Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 16(f); 4. Portions of Defendants' Motion to Compel Production of Financial Information of Plaintiffs; and 5. Exhibits 6, 7, 8, 9, 10, 11, 18 and 19 to the Declaration of Jason McDonell in Support of Defendants' Motion to Compel Production of Financial Information of Plaintiffs. Unredacted versions of these documents were lodged with the Court on July 14, 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 Defendants' Administrative Motion to Seal, filed concurrently with this Motion. II. ARGUMENT Defendants request that the above listed documents, discussed in the attached Declaration of Elaine Wallace ("Wallace Declaration") be filed under seal. Good cause exists for filing them under seal because they contain content that was designated by Plaintiffs as either "Highly Confidential Information - Attorneys' Eyes Only," or "Confidential Information," pursuant to the Stipulated Protective Order. Defendants' request is narrowly tailored, as required by Local Rule 79-5(a), and seeks to protect only those documents that contain information so designated. This request is supported by the accompanying Declaration of Elaine Wallace in Support of Defendants' Administrative Motion to File Under Seal and the parties' Stipulation. DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 07-CV-1658 PJH (EDL) -2- Case4:07-cv-01658-PJH Document338 Filed07/14/09 Page3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SFI-614583v1 III. CONCLUSION For the foregoing reasons, Defendants respectfully request that the Court order the filing of the documents listed in detail in the attached declaration under seal. Pursuant to Local Rule 79-5, a Proposed Order is submitted with this Motion. DATED: July 14, 2009 JONES DAY By: /s/ Jason McDonell Jason McDonell Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. -3- DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 07-CV-1658 PJH (EDL)

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