Oracle Corporation et al v. SAP AG et al

Filing 760

STIPULATION and [Proposed] Order Regarding Partial Withdrawal of Pending Motions to Seal Plaintiffs' Information by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Howard, Geoffrey) (Filed on 8/13/2010)

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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] 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] Attorneys for Plaintiffs

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.

Oracle USA, Inc. et al.
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) STIPULATION AND [PROPOSED] ORDER REGARDING PARTIAL WITHDRAWAL OF PENDING ADMINISTRATIVE MOTIONS TO SEAL PLAINTIFFS' INFORMATION
Case No. 07-CV-01658 PJH (EDL) STIPULATION AND [PROPOSED] ORDER RE PARTIAL WITHDRAWAL OF MOTIONS TO SEAL

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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 partially withdraw portions of four pending Administrative Motions to Seal Plaintiffs' information supporting the Parties' motion for summary judgment papers. On March 3, 2010, Defendants filed their Motion for Partial Summary Judgment (D.I. 640) and filed an Administrative Motion to Seal supporting information (D.I. 643) ("Motion to Seal One"). On March 3, 2010, Plaintiffs filed their Motion for Partial Summary Judgment (D.I. 649), an Administrative Motion to Seal supporting information (D.I. 658) and a supporting Declaration (D.I. 659) ("Motion to Seal Two"). On March 31, 2010, Plaintiffs filed their Opposition to Defendants' Motion for Partial Summary Judgment (D.I. 677), an Administrative Motion Seal supporting information (D.I. 680) and a supporting Declaration (D.I. 681) ("Motion to Seal Three"). On April 14, 2010, Defendants filed their Reply in Support of Defendants' Motion for Partial Summary Judgment (D.I. 691) and filed an Administrative Motion to Seal supporting information (D.I. 695) ("Motion to Seal Four"). In light of subsequent decisions by Plaintiffs to allow their related information to be filed publicly, and in deference to the presumption in favor of public access to court records, the Parties no longer request that certain information listed in the above Motions be filed under seal. NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that the Parties hereby withdraw certain portions of the four pending Administrative Motions to Seal as specified below: (1) For Motion to Seal One (D.I. 643), the Parties agree that the following

portions of the Motion to Seal should be withdrawn: · Portions of Exhibit A to the Declaration of Tharan Gregory Lanier at ¶¶ 20 (Table 1), 150-152, 287-288, 405 and 449-450;
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· ·

Exhibit B to the Declaration of Tharan Gregory Lanier; and Portions of Defendants' Motion for Partial Summary Judgment at 10:16 and 11:10.

For Motion to Seal One (D.I. 643), the Parties continue to request that the following documents and portions of documents be filed under seal: · · Portions of the Declaration of Tharan Gregory Lanier at ¶¶ 4, 8; Portions of Exhibit A to the Declaration of Tharan Gregory Lanier at ¶¶ 284-285, 354 and 402-404; · · · Exhibit D to the Declaration of Tharan Gregory Lanier; Exhibit E to the Declaration of Tharan Gregory Lanier; Portions of Exhibit F to the Declaration of Tharan Gregory Lanier at 289:25-290:11, 362:17-370:2; · · · · Exhibit H to the Declaration of Tharan Gregory Lanier; Portions of the Declaration of Elaine Wallace at ¶¶ 2-5; Exhibit 1 to the Declaration of Elaine Wallace; and Portions of the Defendants' Motion for Partial Summary Judgment at 2:15-16, 4:8-13, 4:19, 4:21-28, 5:1-5 and 9:15-17. For Motion to Seal Two (D.I. 658), the Parties agree that the following

portions of the Motion to Seal should be withdrawn: · Exhibit 115 to the Declaration of Zachary J. Alinder.

For Motion to Seal Two (D.I. 658), the Parties continue to request that the following documents and portions of documents be filed under seal: · · · · · Exhibit D to the Declaration of Thomas O'Neill; Portions of the Declaration of Norm Ackermann at ¶¶ 10, 21, 23-24; Appendices B-K to the Declaration of Norm Ackermann; Portions of the Declaration of Mark Fallon at ¶ 8; Portions of Exhibit17 to the Declaration of Zachary J. Alinder at 36:21-37:12;
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·

Portions of Exhibit 18 to the Declaration of Zachary J. Alinder at 42:7-43:3, 44:6-47:22 and 64:24-67:22;

· · ·

Exhibit 116 to the Declaration of Zachary J. Alinder; Exhibit 117 to the Declaration of Zachary J. Alinder; and Portions of Oracle's Motion for Partial Summary Judgment at 12:1119, 12:22-23 and 24:4-5.

For Motion to Seal Three (D.I. 680), the Parties agree that the following

portions of the Motion to Seal should be withdrawn: · Portions of Exhibit 3 to the Declaration of Holly A. House at ¶ 433 (Table 16). For Motion to Seal Three (D.I. 680), the Parties continue to request that the following portions of the identified document be filed under seal: · Portions of Exhibit 3 to the Declaration of Holly A. House at ¶¶146148 and 232. For Motion to Seal Four (D.I. 695), the Parties agree that the entire Motion

to Seal should be withdrawn and the following may be filed publicly: · · Exhibit 5 to the Declaration of Tharan Gregory Lanier; and Reply in Support of Defendants' Motion for Partial Summary Judgment. IT IS SO STIPULATED.

DATED: August 13, 2010

BINGHAM McCUTCHEN LLP By: /s/ Geoffrey M. Howard Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corp., Oracle EMEA Ltd., 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.
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DATED: August 13, 2010

JONES DAY By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED: DATED: __________________ By: Hon. Phyllis J. Hamilton United States District Court Judge

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