Oracle Corporation et al v. SAP AG et al

Filing 365

MOTION for Sanctions Redacted Pursuant to F.R.C.P. 37(c) and 16(f) - Correction of Docket # 342 filed by SAP AG, SAP America Inc, Tomorrownow Inc. Motion Hearing set for 8/18/2009 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Wallace, Elaine) (Filed on 7/22/2009)

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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. 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) DECLARATION OF ELAINE WALLACE IN SUPPORT OF STIPULATED ADMINISTRATIVE MOTION TO REMOVE DOCUMENT FROM DOCKET

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WALLACE DECL. ISO ADMIN. MOT. TO REMOVE DOC. FROM DKT. Case No. 07-CV-1658 PJH (EDL)

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I, ELAINE WALLACE, declare: I am an associate with the law firm of Jones Day and counsel for Defendants in the abovecaptioned matter. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. On July 14, 2009, Defendants filed Docket No. 342, Defendants' Motion for

Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 16(f) (the "Document"). The Document contains information designated by Plaintiffs as Confidential or Highly Confidential - Attorneys' Eyes Only pursuant to the protective order entered in the case. Defendants therefore lodged the Document with the Court under seal and e-filed a copy in redacted form. Defendants also submitted a motion to file the document under seal. See Dkt. Nos. 338-40. The basis for the motion is that the information sought to be sealed has been designated by Plaintiffs under the protective order and Plaintiffs have requested that it not be publicly filed. Id. On July 20, Plaintiffs submitted a declaration and proposed order in support of the proposed sealing. See Dkt. Nos. 356-57. 2. Some designated information inadvertently was not redacted from the Document.

Plaintiffs' counsel brought this to Defendants' counsel's attention by email on the evening of July 20. The Parties met and conferred by email on July 21 and by telephone and email on July 22. On July 22, Defendants requested that the Court's ECF Help Desk place a temporary lock on the Document pending resolution of a motion to have the Document permanently removed from the docket. The ECF Help Desk promptly did so. 3. The information at issue consists of one parenthetical on page 18, lines 8 and 9 of

the Document, two words in quotation marks on page 18, line 24, and one sentence on page 19, footnote 12. Concurrently with this motion, Defendants have e-filed a corrected version of the Document with this information redacted. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 22nd day of July, 2009 in San Francisco, California.
WALLACE DECL. ISO ADMIN. MOT. TO REMOVE DOC. FROM DKT. Case No. 07-CV-1658 PJH (EDL)

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DATED: July 22, 2009

JONES DAY

By: /s/ Elaine Wallace Elaine Wallace Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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WALLACE DECL. ISO ADMIN. MOT. TO REMOVE DOC. FROM DKT. Case No. 07-CV-1658 PJH (EDL)