Oracle Corporation et al v. SAP AG et al

Filing 924

Declaration of Zachary J. Alinder in Support of 840 Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer, Filed Pursuant to Dkt. No. 915 filed by Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Alinder, Zachary) (Filed on 10/4/2010) Modified on 10/5/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 924

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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., CASE NO. 07-CV-01658 PJH (EDL) v. Plaintiffs, DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER FILED PURSUANT TO DKT. NO. 915
Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF ZACHARY J. ALINDER ISO PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL

SAP AG, et al., Defendants.

Dockets.Justia.com

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I, Zachary J. Alinder, declare: 1. I am a partner in the law firm of Bingham McCutchen LLP and counsel of record

for Plaintiffs Oracle USA, Inc., Oracle International Corporation and Siebel Systems, Inc. (collectively, "Plaintiffs") in the above-captioned action. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 2. Pursuant to Civil Local Rule 79-5 and the stipulated Protective Order entered on

June 6, 2007 in this case, I make this Declaration in support of Plaintiffs' Administrative Motion to File Under Seal Information Supporting Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer. 3. Plaintiffs file this motion at Defendants' request. The requested relief is

necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer until such time as Defendants may submit a declaration in accordance with Civil Local Rule 795(d), and the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, the following portions of documents filed and lodged with the Court contain information designated by Defendants as "Highly Confidential ­ Attorneys' Eyes Only": · Portions of Exhibit A to the Declaration of Nitin Jindal in Support of Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer ("Jindal Declaration") at ¶¶ 125, 126, 139, 149, 227 and 445; and · Portions of Exhibit E to the Jindal Declaration.

I declare under the laws of the United States and the State of California that the foregoing is true and correct and that this Declaration was executed on September 9, 2010, in San Francisco, California. /s/ Zachary J. Alinder Zachary J. Alinder

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

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL