Oracle Corporation et al v. SAP AG et al

Filing 757

RESPONSE in Support re 730 Administrative Motion to File Under Seal Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Document in Support of Defendants' Motions in Limine filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Proposed Order)(Howard, Geoffrey) (Filed on 8/12/2010)

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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] 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: [phone] [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., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENT IN SUPPORT OF DEFENDANTS' MOTIONS IN LIMINE

SAP AG, et al., Defendants.

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

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Pending before this Court is Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Document in Support of Defendants' Motions in Limine ( "Defendants' Motion to Seal") (D.I. 730). Through Defendants' Motion to Seal 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 Exhibit K to the Declaration of Jason McDonell in Support of Defendants' Motions in Limine ("McDonell 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 August 12, 2010. Through the Gloss Declaration, Oracle provides evidence of good cause sufficient for this Court to permit filing portions of the requested document 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 TO SEAL

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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 Exhibit K to the McDonell Declaration at 4:14, 4:16, 7:22-7:28, 8:3-8:5, 8:15-8:16 and 8:22-8:23, an unredacted version of which has been lodged with the Court.

DATED: __________________ Hon. Phyllis J. Hamilton United States District Court Judge

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