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. 2

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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] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: 650.506.7114 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., No. 07-CV-01658 PJH (EDL) v. Plaintiffs, [PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE

SAP AG, et al., Defendants.

[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO SEAL CASE NO. 07-CV-01658 PJH (EDL)
Dockets.Justia.com

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Pending before this Court is Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. (collectively, "Oracle," and with Defendants, the "Parties") Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Motions in Limine (the "Motion to Seal"). A showing of good to seal documents is sufficient to justify protection under Rule 26(c) when the information supports a non-dispositive motion. 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). Through the Declaration of Jennifer Gloss in Support of Plaintiffs' Motion to Seal ("Gloss Declaration"), Oracle provides evidence of good cause sufficient for this Court to permit filing the requested exhibit and related portions of Plaintiffs' Motions in Limine 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 Motion to Seal has been narrowly tailored. Having considered Plaintiffs' Motion to Seal and the documents and exhibits filed in support, including the Gloss Declaration and the Parties' Stipulation to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Motions in Limine, and GOOD CAUSE having been shown: IT IS HEREBY ORDERED THAT: Plaintiffs' Request to Seal is GRANTED. The Clerk of the Court shall file under seal the unredacted version of Exhibit X to the Declaration of Thomas S. Hixson In Support of Plaintiffs' Motions in Limine, and pages 14:2715:1 and 15:3-4 of Plaintiffs' Motions in Limine. IT IS SO ORDERED. Dated: _______________, 2010 Honorable Phyllis J. Hamilton United States District Court Judge
[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO SEAL CASE NO. 07-CV-01658 PJH (EDL)