Oracle Corporation et al v. SAP AG et al

Filing 412

ORDER by Magistrate Judge Elizabeth D. Laporte granting 377 Motion to Seal (edllc2, COURT STAFF) (Filed on 8/13/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 412

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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., Plaintiffs, v. SAP AG, et al., Defendants. CASE NO. 07-CV-01658 PJH (EDL) [PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL DOCUMENTS SUPPORTING PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS FOR SANCTIONS AND TO COMPEL Date: August 18, 2009 Time: 2:00 pm Place: Courtroom E, 15th Floor Judge: Hon. Elizabeth D. Laporte

Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL DOCUMENTS SUPPORTING PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS FOR SANCTIONS AND TO COMPEL Dockets.Justia.com

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Pending before this Court is Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited (collectively, "Oracle," and with Defendants, the "Parties") Administrative Request to File Under Seal Documents and Declarations Supporting Plaintiffs' Opposition to Defendants' Motion for Sanctions and Plaintiff's Opposition to Defendants' Motion to Compel Financial Information (the "Request to Seal"). Federal Rule of Civil Procedure 26(c) provides broad discretion for a trial court to permit sealing of court documents for, inter alia, the protection of "a trade secret or other confidential research, development, or commercial information." Fed. R. Civ. Proc. 26(c). In particular, when the request for sealing concerns discovery documents attached to a nondispositive motion, a showing of good cause to seal the documents is sufficient to justify protection under Rule 26(c). See Navarro v. Eskanos & Adler, Case No. C-06 02231 WHA(EDL), 2007 U.S. Dist. LEXIS 24864 at *7 (March 22,2007) (citing Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). In compliance with this Court's Standing Order for Cases Involving Sealed or Confidential Documents, Rule 26(c) and Civil Local Rule 79-5, Oracle has filed the Declaration of Jennifer Gloss (the "Gloss Declaration") in support of Plaintiffs' Motion to Seal on July 28, 2009. Through the Gloss Declaration, Oracle provides evidence of good cause sufficient for this Court to permit filing the requested exhibits under seal. The Gloss Declaration establishes both that Oracle has considered and treated the information contained in the subject documents as confidential, commercially sensitive and proprietary, and that public disclosure of such information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. See Phillips v. General Motors Corp. 307 F. 3d 1206, 1211 (9th Cir. 2006). The Gloss Declaration also establishes that the request for sealing has been narrowly tailored. Having considered Plaintiffs' Request to Seal and the documents and exhibits filed in support, including the Gloss Declaration and the Stipulation of the Parties to Permit Plaintiffs to File Documents Under Seal, and GOOD CAUSE having been shown:

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Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL DOCUMENTS SUPPORTING PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS FOR SANCTIONS AND TO COMPEL

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IT IS HEREBY ORDERED THAT: Plaintiffs' Request to Seal is GRANTED. The Clerk of the Court shall file under seal the unredacted versions of the following documents that have been lodged with the Court: (1) portions of the Opposition to Sanctions Motion; (2) the testimony identified as Exhibits G through J of the House Sanctions Declaration; (3) portions of the Motion to Compel Opposition; (4) portions of the House Motion to Compel Declaration; (5) the document identified as Exhibit F of the House Motion to Compel Declaration; (6) portions of the Guner Declaration; (7) portions of San Juan Declaration; and (8) portions of the Meyer Declaration. IT IS SO ORDERED
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Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL DOCUMENTS SUPPORTING PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS FOR SANCTIONS AND TO COMPEL

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Hon. Elizabeth D. Laporte United States MagistrateD. Laporte Judge lizabeth
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August 12 DATED: _______________, 2009

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