Oracle Corporation et al v. SAP AG et al

Filing 582

RESPONSE in Support re 563 MOTION to Seal Document Defendants' Administrative Motion to Permit Defendants to File Under Seal Documents Supporting Defendants' Motion to Compel filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Proposed Order)(Alinder, Zachary) (Filed on 12/18/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 582

Case4:07-cv-01658-PJH Document582

Filed12/18/09 Page1 of 3

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

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, Oracle EMEA Limited, and Siebel Systems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) PLAINTIFFS' RESPONSE IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS SUPPORTING DEFENDANTS' MOTION TO COMPEL

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL) PLAINTIFFS' RESPONSE IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION TO SEAL

Dockets.Justia.com

Case4:07-cv-01658-PJH Document582

Filed12/18/09 Page2 of 3

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

I.

INTRODUCTION Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively,

"Defendants,") filed an Administrative Motion (Docket No. 563) and accompanying Stipulation (Docket No. 565), Declaration (Docket No. 564), and Proposed Order (Docket No. 563) to seal (a) portions of Defendants' Motion to Compel ("Defendants' Motion"), and (b) Exhibits A, C, F, G, H, K and Appendix 5 of the Declaration of Scott W. Cowan in support thereof ("the Cowan Declaration"). Under Local Rules 7-11 and 79-5, and this Court's Standing Order For Cases Involving Sealed or Confidential Documents, Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. (collectively, "Oracle") file this Response, and the accompanying Declaration of Jennifer Gloss in Support of Defendants' Administrative Motion to Seal ("Gloss Declaration" or "Gloss Decl."), which establishes that good cause exists in support of a narrowly tailored order authorizing the sealing of portions of Defendants' Motion, portions of Exhibit C of the Cowan Declaration, and Exhibits A, F, G, H and K of the Cowan Declaration. II. LEGAL STANDARD Federal Rule of Civil Procedure 26(c) provides broad discretion for a trial court to permit sealing of court documents. As opposed to sealing information at trial or in case-dispositive motions, which requires the most "compelling" of reasons, a showing of good cause will suffice for sealing records attached to non-dispositive motions. Navarro v. Eskanos & Adler, Case No. C-06 02231 WHA(EDL), 2007 U.S. Dist. LEXIS 24864 at *7 (March 22, 2007) (citing in part, Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)); Court's Standing Order for Cases Involving Sealed or Confidential Documents ¶ 5 (citing in part, Foltz v. State Farm Mu. Automobile Ins. Co., 331 F.3d 1122 (9th Cir. 2003). To make such a showing of good cause, the party seeking protection from disclosure must demonstrate that it has taken steps to keep the information confidential, and that public disclosure of such information would create a risk of significant competitive injury and particularized harm or prejudice. See Navarro, 2007 U.S. Dist. LEXIS 24864 at *5, *8; see also Phillips v. General Motors Corp., 307 F.3d 1206, 1211 (9th Cir. 2006); In re Adobe Sys., Inc. Sec. Litig., 141 F.R.D. 155, 158 (N.D. Cal. 1992). 2 Case No. 07-CV-01658 PJH (EDL)
PLAINTIFFS' RESPONSE IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION TO SEAL

Case4:07-cv-01658-PJH Document582

Filed12/18/09 Page3 of 3

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

III.

ARGUMENT Through the declaration of Jennifer Gloss that accompanies this Response, Oracle

establishes good cause to permit the filing under seal of portions of Exhibit C to the Cowan Declaration, Exhibits A, F, G, H and K of the Cowan Declaration, and the portions of Defendants' motion referencing these documents. See Gloss Decl., ¶¶3-4. 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 id., ¶¶3-5. Further, Oracle has continued to protect the information contained in these Exhibits from improper public disclosure since the initiation of this litigation through a Stipulated Protective Order (Docket No. 32) to prevent its private confidential information from being improperly disclosed. See id. Under the terms of the Protective Order, Oracle has designated each of these Exhibits as either "Confidential" and "Highly Confidential" prior to producing such documents and testimony in the course of discovery. The Gloss Declaration also establishes that the request for sealing has been narrowly tailored. See id. Accordingly, good cause exists to grant an order sealing these documents. IV. CONCLUSION For the foregoing reasons, Oracle respectfully requests that the Court file under seal, the specific portions of Exhibits A, C, F, G, H, and K of the Cowan Declaration, and the corresponding portions of Defendants' Motion as set forth in the Gloss Declaration. DATED: December 18, 2009 BINGHAM McCUTCHEN LLP By: /s/ Zachary J. Alinder Zachary J. Alinder

Attorneys for Plaintiffs Oracle Corporation, Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc.

3

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

PLAINTIFFS' RESPONSE IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION TO SEAL