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. 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] 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.

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.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Case No. 07-CV-01658 PJH (EDL) Plaintiffs, STIPULATION TO PERMIT PLAINTIFFS TO v. FILE UNDER SEAL INFORMATION SUPPORTING REPLY IN SUPPORT OF SAP AG, et al., PLAINTIFFS' MOTION NO. 1: TO Defendants. EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT STEPHEN CLARKE
Case No. 07-CV-01658 PJH (EDL) STIPULATION TO PERMIT PLAINTIFFS TO FILE INFORMATION UNDER SEAL

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 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 Reply in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke. WHEREAS, on September 16, 2010, Plaintiffs filed their Reply Memorandum in Support of Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("Plaintiffs' Reply"), along with the Declaration of Daniel S. Levy, Ph.D. in Support of Plaintiffs' Reply ("Levy Declaration"); WHEREAS, Plaintiffs have filed an Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Reply ("Administrative Motion"); and, WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by Plaintiffs' Reply until such time as the Court makes a final ruling as to confidentiality of the items requested to be sealed. Specifically, the following materials contain information designated by Plaintiffs as "Highly Confidential Information -- Attorneys' Eyes Only" pursuant to the Stipulated Protective Order: · Portions of the Levy Declaration at Figures 1, 2 and A.1.

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 the Levy 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 the document described above may be publicly filed, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to the documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made in it. 1

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

STIPULATION TO PERMIT PLAINTIFFS TO FILE INFORMATION UNDER SEAL

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IT IS SO STIPULATED. DATED: September 16, 2010 BINGHAM McCUTCHEN LLP By: /s/ Zachary J. Alinder Zachary J. Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corp., 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: September 16, 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 INFORMATION UNDER SEAL