Oracle Corporation et al v. SAP AG et al

Filing 621

ORDER by Magistrate Judge Elizabeth D. Laporte granting 563 Motion to Seal Document (edllc2, COURT STAFF) (Filed on 1/27/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 621

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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., Plaintiffs, v. SAP AG, et al., Defendants. CASE NO. 07-CV-01658 PJH (EDL) [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS SUPPORTING DEFENDANTS' MOTION TO COMPEL

Case No. 07-CV-01658 PJH (EDL) [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION

Dockets.Justia.com

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Pending before this Court is Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion to Compel ( "Defendants' Motion to Seal"). Through Defendants' Motion and Plaintiffs' Response In Support of Defendants' Motion to Seal, Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. (collectively, "Oracle"), together with SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, "Defendants," and with Oracle, the "Parties"), request an Order sealing portions of Defendants' Motion to Compel, portions of Exhibit C to the Declaration of Scott W. Cowan in Support of Defendants' Motion to Compel ("the Cowan Declaration"), and Exhibits A, F, G, H and K to the Cowan Declaration. 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. P. 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 Involving Sealed or Confidential Documents, Rule 26(c) and Civil Local Rule 79-5, Oracle filed the Declaration of Jennifer Gloss (the "Gloss Declaration") in support of Defendants' Motion to Seal on December 18, 2009. Through the Gloss Declaration, Oracle provides evidence of good cause sufficient for this Court to permit filing the requested documents 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. The Gloss Declaration also establishes that the request for sealing has been narrowly tailored. Having considered Defendants' Motion to Seal and the Gloss Declaration in 2 Case No. 07-CV-01658 PJH (EDL)
[PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION

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Support thereof, and good cause having been shown: IT IS HEREBY ORDERED THAT: Defendants' Motion 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. Defendants' Motion to Compel - Portions of page 8, line 27, page 9, lines 15, 11-24, page 10, lines 1-9, page 11, lines 15-20, 22-24, and page 12, lines 1-4. 2. Exhibit A to the Cowan Declaration - Pages 11:1-13:22 and 67:25-69:14 from the deposition of Jason Rice, taken December 4, 2009. 3. A portion of Exhibit C to the Cowan Declaration, specifically Exhibit A from Plaintiffs' December 4, 2009 Fifth Amended and Supplemental Responses and Objections to TomorrowNow, Inc.'s First Set of Interrogatories, Response to Interrogatory No. 7. 4. Exhibit F to the Cowan Declaration - Copy of a CD produced by Plaintiffs' on November 16, 2009 and labeled ORCLX-MAN-000016. 5. 6. 7. Exhibit G to the Cowan Declaration - Defendants' deposition exhibit 932. Exhibit H to the Cowan Declaration - Defendants' deposition exhibit 935. Exhibit K to the Cowan Declaration - Plaintiffs' privilege and redaction log entries dated from February 13, 2007 through March 16, 2007.

January 26, 2010 DATED: _______________, 2009 Hon. Elizabeth D. Laporte United States District Court Judge

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

[PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION