Oracle Corporation et al v. SAP AG et al

Filing 387

STIPULATION re 386 MOTION to Seal Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Opposition to Plaintiffs' Motion to Amend Stipulation to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Opposition to Plaintiffs' Motion to Amend by SAP AG, SAP America Inc, Tomorrownow Inc. (Lanier, Tharan) (Filed on 7/29/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 387

Case4:07-cv-01658-PJH Document387

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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' OPPOSITION TO PLAINTIFFS' MOTION TO AMEND

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 ("Plaintiffs") and Defendants SAP AG, SAP America, Inc. and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") jointly submit this Stipulation to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Opposition to Plaintiffs' Motion to Amend. WHEREAS, Plaintiffs filed their Motion to Amend Complaint on July 15, 2009; WHEREAS, Defendants filed their Opposition to Plaintiffs' Motion to Amend Complaint ("Opposition") on July 29, 2009, along with the Declaration of Joshua L. Fuchs in Support of Defendants' Opposition to Plaintiffs' Motion to Amend ("Fuchs Declaration") and supporting exhibits; WHEREAS, at Plaintiffs' request, Defendants have filed an Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Opposition to Plaintiffs' Motion to Amend; WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by the Opposition until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, the following documents and portions of documents contain information designated by Plaintiffs as "Confidential Information": · · · Exhibits C-1 and K-1 to the Fuchs Declaration; Paragraph 18 and portions of paragraph 41 of the Fuchs Declaration; and Portions of page 6, lines 26-28 and portions of page 18, line 26 of the Opposition.

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Defendant be permitted to move for permission to file under seal (1) Exhibits C-1 and K-1 to the Fuchs Declaration, (2) paragraph 18 and portions of paragraph 41 of the Fuchs Declaration and (3) portions of page 6, lines 26-28 and portions of page 18, line 26 of the Opposition. 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 Opposition may be publicly filed, the Parties also agree that the -2STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)

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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. DATED: July 29, 2009 JONES DAY

By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier 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: July 29, 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

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