Oracle Corporation et al v. SAP AG et al

Filing 887

Administrative Motion to File Under Seal Information Supporting Reply in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke filed by Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Proposed Order, # 2 Stipulation, # 3 Declaration of Jennifer Gloss in Support)(Alinder, Zachary) (Filed on 9/16/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 887 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) FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [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., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., No. 07-CV-01658 PJH (EDL) [PROPOSED] ORDER GRANTING Plaintiffs, PLAINTIFFS' ADMINISTRATIVE MOTION v. TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING SAP AG, et al., REPLY IN SUPPORT OF PLAINTIFFS' MOTION NO. 1: TO EXCLUDE Defendants. TESTIMONY OF DEFENDANTS' EXPERT STEPHEN CLARKE
Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL
Dockets.Justia.com

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Pending before this Court is Plaintiffs Oracle USA, Inc., Oracle International Corporation and Siebel Systems, Inc. (collectively, "Plaintiffs") Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Reply in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("Plaintiffs' Motion to Seal"). In compliance with this Court's Standing Order Involving Sealed or Confidential Documents, Rule 26(c) and Civil Local Rule 79-5, Plaintiffs filed the Declaration of Jennifer Gloss ("Gloss Declaration") in support of Plaintiffs' Motion to Seal. Through the Gloss Declaration, Plaintiffs provide evidence of good cause sufficient for this Court to permit filing under seal portions of the Declaration of Daniel S. Levy, Ph.D. in Support of Reply in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("Levy Declaration") at Figures 1, 2 and A.1. The Gloss Declaration establishes both that Plaintiffs have considered and treated the information contained in the document 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 Plaintiffs. The Gloss Declaration also establishes that the request for sealing has been narrowly tailored. Having considered (1) Plaintiffs' Motion to Seal; (2) the Stipulation to Permit Plaintiffs' to File Under Seal; (3) the Gloss Declaration; and (4) the Levy Declaration, all of which were lodged with the Court on September 17, 2010, and GOOD CAUSE having been shown: IT IS HEREBY ORDERED THAT Plaintiffs' Motion to Seal is GRANTED. The Clerk of the Court shall file under seal the unredacted versions of the Levy Declaration at Figures 1, 2 and A.1. IT IS SO ORDERED.

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 PLAINTIFFS'ADMINISTRATIVE MOTION TO SEAL