Oracle Corporation et al v. SAP AG et al

Filing 397

STIPULATION re 395 MOTION to Seal Document Defendants' Administrative Motion to Permit Defendants to File Under Seal Documents Supporting Defendants' Reply In Support of Motion for Sanctions and Reply In Support of Motion to Compel by SAP AG, SAP America Inc, Tomorrownow Inc. (McDonell, Jason) (Filed on 8/4/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 397

Case4:07-cv-01658-PJH Document397

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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 DOCUMENTS UNDER SEAL IN SUPPORT OF DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR SANCTIONS AND REPLY IN SUPPORT OF MOTION TO COMPEL

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

Dockets.Justia.com

Case4:07-cv-01658-PJH Document397

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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 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 documents supporting Defendants' Reply in Support of Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 16(f) ("Motion for Sanctions Reply") and Defendants' Reply in Support of Motion to Compel Production of Financial Information of Plaintiffs ("Motion to Compel Reply"). WHEREAS, the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by the Defendants' Motion for Sanctions Reply and Motion to Compel Reply until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Whereas, with limited exceptions, requested relief similar to that here was previously ordered by this Court (D.I. 367) or is pending (D.I. 378). Specifically, the following materials constitute documents that contain information designated by Plaintiffs as "Confidential Information" or "Highly Confidential Information - Attorneys' Eyes Only" pursuant to the Protective Order entered on June 6, 2007 in this action: 1. Portions of Defendants' Motion for Sanctions Reply containing quotes or other material from documents identified herein that have been designated by Plaintiffs as "Confidential Information" or "Highly Confidential Information - Attorneys' Eyes Only"; 2. A portion of the Reply Declaration of Stephen K. Clarke in Support of Defendants' Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(c) and 16(f); 3. Portions of Defendants' Motion to Compel Reply containing quotes or other material from documents identified herein that have been designated by Plaintiffs as "Confidential Information" or "Highly Confidential Information - Attorneys' Eyes Only"; 4. Exhibit 8 to the Reply Declaration of Jason McDonell in Support of Defendants' Motion to Compel Production of Financial Information of Plaintiffs. -2STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)

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5. Portions of the Reply Declaration of Stephen K. Clarke in Support of Defendants' Motion to Compel Production of Financial Information from Plaintiffs.

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Defendant be permitted to file under seal their documents supporting Defendants' Motion for Sanctions Reply and Motion to Compel Reply. The Parties further agree that Plaintiffs reserve their rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation.

DATED: August 4, 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: August 4, 2009 BINGHAM McCUTCHEN LLP

By: /s/ Zachary Alinder Zachary Alinder Attorneys for Plaintiffs ORACLE USA, INC., ORACLE INTERNATIONAL CORPORATION, and, ORACLE EMEA LIMITED

SFI-616115v2

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