Oracle Corporation et al v. SAP AG et al

Filing 666

Proposed Order re 664 Response in Support, Defendants' Administrative Motion to Seal by Oracle USA Inc.. (Alinder, Zachary) (Filed on 3/10/2010)

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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., v. Plaintiffs, 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 FOR PARTIAL SUMMARY JUDGMENT

SAP AG, et al., Defendants.

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

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Pending before this Court is Defendants' Administrative Motion to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment ("Defendants' Administrative Motion"); the supporting declaration of Tharan Gregory Lanier; Stipulation to Permit Defendants to File Under Seal; and Plaintiffs' Response in Support of Defendants' Administrative Motion ("Plaintiffs' Response"). 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). When
the request for sealing concerns discovery documents attached to a dispositive motion, the moving party must provide "compelling reasons" to justify protection under Rule 26(c). See Kamakana v.

City & County of Honolulu, 447 F.3d 1172, 1178 (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 in Support of Plaintiffs' Response on March 10, 2010 ("Gloss Declaration"). Plaintiffs' Response, along with the supporting Gloss Declaration, reduces the set of materials that are subject of Defendants' Administrative Motion. For these materials, Oracle provides compelling reasons 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. The Gloss Declaration also establishes that the request for sealing is narrowly tailored. Having considered Defendants' Administrative Motion, Plaintiffs' Response, and the documents filed in support, and COMPELLING REASONS having been shown: IT IS HEREBY ORDERED THAT: Defendants' Administrative Motion is GRANTED. The Clerk of the Court shall file under seal the unredacted versions of the following documents that were lodged with the Court on March 3, 2010: · The following portions of Exhibit A to the March 3, 2010 Declaration of 2 Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION

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Tharan Gregory Lanier in Support of Defendants' Motion for Partial Summary Judgment ("Lanier Declaration"): portions of ¶ 20 (Table 1), ¶¶ 150-152, ¶¶ 284-285, ¶¶ 287-288, ¶¶ 449-450; The following portions of Exhibit B to the Lanier Declaration: portions of pages 6, 43-44; The following portions of Defendants' March 3, 2010 Motion for Partial Summary Judgment: the requested portions of 10:16, 11:10.

DATED: _______________, 2010 Honorable Phyllis J. Hamilton United States District Court Judge

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

[PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION