Oracle Corporation et al v. SAP AG et al

Filing 378

STIPULATION re 377 MOTION to Seal Plaintiffs' Administrative Motion to File Under Seal Documents Supporting Plaintiffs' Oppositions to Defendants' Motion for Sanctions and Motion to Compel; Declaration of Jennifer Gloss in Support by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc.. (Hann, Bree) (Filed on 7/28/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 378

Case4:07-cv-01658-PJH Document378

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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 FILE PLAINTIFFS' DOCUMENTS AND DEPOSITION TESTIMONY UNDER SEAL

SAP AG, et al., Defendants.

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STIPULATION TO FILE PLAINTIFFS' DOCUMENTS AND DEPOSITION TESTIMONY 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 documents and testimony under seal. The requested relief is necessary and narrowly tailored to protect the confidentiality of materials that have been designated "Confidential Information" or "Highly Confidential Information" by Oracle pursuant to the Stipulated Protective Order entered in this action, and that Oracle intends to file in support ofits Oppositions to Defendants' Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 16(f) (the "Opposition to Sanctions Motion") and Oracle's Opposition to Defendants' Motion to Compel Financial Information ("Motion to Compel Opposition"), until such time as the Court rules on the confidentiality of the relevant subject matter. Specifically, (1) portions of the Opposition to Sanctions Motion; (2) the testimony identified as Exhibits G through J of the Declaration of Holly A. House (the "House Sanctions Declaration") filed in support of Plaintiffs' Opposition to Sanctions; (3) portions of the Motion to Compel Opposition; (4) portions of Declaration of Holly A. House in support of Plaintiffs' Motion to Compel Opposition (the "House Motion to Compel Declaration"); (5) the document identified as Exhibit F of the House Motion to Compel Declaration; (6) portions of the Declaration of Ivgen Guner in support of Plaintiffs' Motion to Compel Opposition (the "Guner Declaration"); (7) portions of the Declaration of Alex San Juan in support of Plaintiffs' Motion to Compel Opposition (the "San Juan Declaration"); and, (8) portions of the Declaration of Paul K. Meyer (the "Meyer Declaration") in support of Plaintiffs' Motion to Compel Opposition, contain information designated by Oracle 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 (1) portions of the Opposition to Sanctions Motion; (2) the testimony SFI-615697v1 2 Case No. 07-CV-01658 PJH (EDL)
STIPULATION TO FILE PLAINTIFFS' DOCUMENTS AND DEPOSITION TESTIMONY UNDER SEAL

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identified as Exhibits G through J of the Declaration of Holly A. House (the "House Sanctions Declaration") filed in support of Plaintiffs' Opposition to Sanctions; (3) portions of the Motion to Compel Opposition; (4) portions of Declaration of Holly A. House in support of Plaintiffs' Motion to Compel Opposition (the "House Motion to Compel Declaration"); (5) the document identified as Exhibit F of the House Motion to Compel Declaration; (6) portions of the Declaration of Ivgen Guner in support of Plaintiffs' Motion to Compel Opposition (the "Guner Declaration"); (7) portions of portions of the Declaration of Alex San Juan in support of Plaintiffs' Motion to Compel Opposition (the "San Juan Declaration"); and, (8) portions of the Declaration of Paul K. Meyer (the "Meyer Declaration") in support of Plaintiffs' Motion to Compel Opposition. The Parties further agree that Defendants reserve their 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 Oracle's 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 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: July 27, 2009 BINGHAM McCUTCHEN LLP By: /s/

Holly A. House 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.

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DATED: July 27, 2009

JONES DAY By: /s/ Jason McDonell Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

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STIPULATION TO FILE PLAINTIFFS' DOCUMENTS AND DEPOSITION TESTIMONY UNDER SEAL