Oracle Corporation et al v. SAP AG et al

Filing 739

Administrative Motion to File Under Seal Plaintiffs Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs Motions in Limine filed by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Stipulation, # 2 Declaration of Jennifer Gloss in Support of Plaintiffs' Administrative Motion to Seal, # 3 Proposed Order)(Howard, Geoffrey) (Filed on 8/5/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 739 Att. 1

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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] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [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]

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.

Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) STIPULATION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL) STIPULATION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE

Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") jointly submit this Stipulation to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Motions in Limine. WHEREAS, Plaintiffs filed their Motions in Limine, along with Exhibit X to the Declaration of Thomas S. Hixson In Support of Plaintiffs' Motions in Limine ("Hixson Declaration") on August 5, 2010; WHEREAS, Plaintiffs will lodge with the Court unredacted versions of Plaintiffs' Motions in Limine and Exhibit X to the Hixson Declaration on August 6, 2010; WHEREAS, Plaintiffs have filed an Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Motions in Limine ("Administrative Motion"); WHEREAS, the requested relief in the Administrative Motion is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue in Plaintiffs' Motions in Limine until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, the following materials constitute documents that contain information designated by Plaintiffs as "Highly Confidential Information -- Attorneys' Eyes Only" pursuant to the Stipulated Protective Order: (1) Exhibit X to the Hixson Declaration; (2) related portions of Plaintiffs' Motions in Limine at 14:27-15:1 and 15:3-4. NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Plaintiffs are permitted to move for permission to file under seal portions of Plaintiffs' Motions in Limine, as well as Exhibit X to the Hixson Declaration, as described above. The Parties further agree that Defendants reserve their rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation. While the Parties agree that portions of Plaintiffs' Motions in Limine may be publicly filed, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality 1
Case No. 07-CV-01658 PJH (EDL)

STIPULATION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE

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designation or other protection with respect to documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made in it. IT IS SO STIPULATED. DATED: August 5, 2010 Bingham McCutchen LLP

By:

/s/ Geoffrey M. Howard Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, 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 5, 2010 JONES DAY

By:

/s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

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

STIPULATION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE