Oracle America, Inc. et al v. Hewlett Packard Enterprise Company

Filing 531

STIPULATED AMENDED PROTECTIVE ORDER re 529 STIPULATION WITH PROPOSED ORDER re [Proposed] Stipulated Amended Protective Order filed by Hewlett Packard Enterprise Company. Signed by Judge Jon S. Tigar on April 23, 2018. (wsn, COURT STAFF) (Filed on 4/23/2018)

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JEFFREY T. THOMAS, SBN 106409
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Telephone: [phone]
Facsimile: 949.451.4220
SAMUEL LIVERSIDGE, SBN 180578
[e-mail]
BLAINE H. EVANSON, SBN 254338
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Defendant
Hewlett Packard Enterprise Co.
[Additional counsel on signature page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC., a Delaware
corporation; ORACLE INTERNATIONAL
CORPORATION, a California corporation

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No. 16-cv-01393-JST
[PROPOSED] STIPULATED
AMENDED PROTECTIVE ORDER

Plaintiffs,
v.
HEWLETT PACKARD ENTERPRISE
COMPANY, a Delaware corporation; and DOES
1–50,
Defendants.

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[PROPOSED] STIPULATED AMENDED
PROTECTIVE ORDER
CASE NO. 3:16-CV-01393-JST

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WHEREAS, during the course of this action, the parties and certain non-parties
may be subject to discovery requests and/or proceedings that seek the disclosure of information
that the party or non-party to whom the request is directed considers to be confidential and/or
proprietary.
WHEREAS, the parties wish to preserve the confidentiality of such information
through the use of a protective order.
IT IS THEREFORE HEREBY STIPULATED AND AGREED, by and
between Oracle America, Inc., Oracle International Corporation (together, “Oracle”), and Hewlett
Packard Enterprise Company (“HPE”), that the parties petition the court to enter the following
Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery and that the protection it affords from
public disclosure and use extends only to the limited information or items that are entitled to
confidential treatment under the applicable legal principles. The parties further acknowledge, as
set forth in Paragraph J(1) below, that this Stipulated Protective Order does not entitle them to file
confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
followed and the standards that will be applied when a party seeks permission from the court to
file material under seal.
A.

Scope
This Order shall govern the handling of: (1) documents, depositions, deposition

exhibits, interrogatory responses, admissions, and any other information or material produced,
given or exchanged by and among the parties and any non-parties to this litigation (including,
without limitation, any non-party that seeks to intervene or to object to any of the proceedings in
the litigation) in connection with discovery in this litigation; and (2) any information copied or
extracted from Protected Material (as defined below).

The protections conferred by this

Stipulation and Order do not cover the following information: (1) any information that is in the
public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
after its disclosure to a Receiving Party as a result of publication not involving a violation of this

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[PROPOSED] STIPULATED AMENDED
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CASE NO. 3:16-CV-01393-JST

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Order; and (2) any information known to the Receiving Party prior to the disclosure or obtained
by the Receiving Party after the disclosure from a source who obtained the information lawfully
and under no obligation of confidentiality to the Producing Party. Reference to or use of Protected
Material by either party at a hearing does not make the underlying Protected Material part of the
public domain except to the extent that the Protected Material is entered into the public record by
the Court or the designating party. Any use of Protected Material at trial shall be governed by a
separate agreement or order.
B.

Duration
Even after final disposition of this litigation, the confidentiality obligations

imposed by this Order shall remain in effect until a Producing Party agrees otherwise in writing or
a court order otherwise directs. Final disposition shall be deemed to be the later of: (1) dismissal
of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein
after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
action, including the time limits for filing any motions or applications for extension of time
pursuant to applicable law.
C.

Definitions
1.

“Attorneys’ Eyes Only” shall mean all documents and testimony, and all

information contained therein, and other information designated as “Attorneys’ Eyes Only,” if
such documents or testimony contain highly sensitive private information, non-public business or
financial information, or software code, the disclosure of which would, in the good faith judgment
of the party designating the material as “Attorneys’ Eyes Only,” cause serious and irreparable harm
to that party’s business or the business of any of that party’s customers or clients if the material is
disclosed to persons allowed to see Confidential material beyond the persons specified in
Paragraph E(2) below. Documents, testimony, or other material that merely identify or refer to
customers do not, without more, meet the criteria for Attorneys’ Eyes Only. The parties anticipate
that this designation will be used very sparingly. Information that is already publicly available
may not be designated as “Attorneys’ Eyes Only.”

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[PROPOSED] STIPULATED AMENDED
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2.

“Confidential” shall mean all documents and testimony, and all

information contained therein, and other information designated as confidential, if such documents
or testimony contain trade secrets, proprietary business information, competitively sensitive
information, or any other non-public business information, the disclosure of which would, in the
good faith judgment of the party designating the material as confidential, be detrimental to the
conduct of that party’s business or the business of any of that party’s customers or clients if the
material becomes public. Information that is already publicly available may not be designated as
“Confidential.”
3.

“Discovery Material” shall mean all items or information, regardless of

the medium or manner in which it is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that are produced or generated in disclosures
or responses to discovery requests in this matter.
4.

“Producing Party” shall mean the parties to this action or any non-parties

producing “Confidential” or “Attorneys’ Eyes Only” information in connection with depositions,
document production or otherwise, or the party asserting the confidentiality privilege, as the case
may be.
5.

“Protected Material” shall refer to any disclosure or Discovery Material

that is designated as “Confidential” or “Attorneys’ Eyes Only.”
6.

“Receiving Party” shall mean the parties to this action or any non-parties

receiving “Confidential” or “Attorneys’ Eyes Only” information in connection with depositions,
document production, or otherwise.
D.

Designating Protected Material
1.

The parties may designate documents produced, testimony given, or any

other materials exchanged in connection with this action as “Confidential” or “Attorneys’ Eyes
Only” under the terms of this Order and Fed. R. Civ. P. 26(c).
2.

Each party or non-party that designates information or items for protection

under this Order must take care to limit any such designation to specific material that qualifies

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[PROPOSED] STIPULATED AMENDED
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CASE NO. 3:16-CV-01393-JST

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under the appropriate standards. Mass, indiscriminate, or routinized designations are prohibited.
3.

Except as otherwise provided in this Order, or as otherwise stipulated or

ordered, Discovery Material that qualifies for protection under this Order must be clearly
designated as either “Confidential” or “Attorneys’ Eyes Only” before the material is disclosed or
produced.
4.

Documents or other materials (apart from depositions or other pretrial

testimony) shall be designated by affixing the legend “Confidential” or “Attorneys’ Eyes Only” to
each page containing any Confidential or Attorneys’ Eyes Only information, except that in the
case of multi-page documents bound together by a staple or other permanent binding, the word(s)
“Confidential” or “Attorneys’ Eyes Only” need only be stamped on the first page of the document
in order for the entire document to be treated as Confidential or Attorneys’ Eyes Only. The failure
to designate a document as “Confidential” or “Attorneys’ Eyes Only” does not constitute a waiver
of such claim, and a Producing Party may so designate a document after such document has been
produced, with the effect that such document is thereafter subject to the protections of this Order.
For native documents (such as Excel files) or software code, the Producing Party will endorse the
designation on a slipsheet in the production.
5.

Depositions or other pretrial testimony shall be designated by notice via

email or in writing, sent to all parties within ten (10) business days after receiving a copy of the
final transcript thereof, and by directing the court reporter that the appropriate confidentiality
legend be affixed to the first page of the original and all copies of the transcript containing any
Confidential or Attorneys’ Eyes Only material.

Unless otherwise stated on the record, all

depositions and other pretrial testimony shall be deemed to be “Attorneys’ Eyes Only” until the
expiration of the tenth business day after counsel receives a copy of the transcript thereof, after
which time such deposition or pretrial testimony shall be treated in accordance with its actual
designation, if any. The parties may modify this procedure for any particular deposition, through
agreement on the record at such deposition, without further order of the Court.
6.

The Receiving Party may, at any time, notify the Producing Party that the

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[PROPOSED] STIPULATED AMENDED
PROTECTIVE ORDER
CASE NO. 3:16-CV-01393-JST

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Receiving Party does not concur in the designation of a document or other material as Confidential
or Attorneys’ Eyes Only. If the Receiving Party contends that any document or other material
designated as Confidential or Attorneys’ Eyes Only is not entitled to confidential treatment, the
Receiving Party shall give written notice to the party who designated the material, specifically
identifying the challenged material. The Producing Party, by its counsel, shall respond in writing
within five (5) business days of receipt of the written request (or within ten (10) business days if
the Producing Party is a third party to this litigation), or within such other period of time as may
be designated by order of the Court or agreement of the parties. If the Producing Party refuses to
remove the Confidential or Attorneys’ Eyes Only designation, its written response shall state the
reasons for this refusal. If the challenge to the confidential designation is not resolved after a good
faith meet and confer, which should take place within five (5) business days of the Producing
Party’s written response, the parties will submit a joint letter brief following the procedures
described in the Standing Order for All Civil Cases Before District Judge Jon S. Tigar.
Specifically, the Receiving Party shall prepare its portion of the joint letter brief following the
parties’ meet and confer and serve it on the Producing Party within five (5) business days of the
meet and confer. Within five (5) business days after receiving the Receiving Party’s portion of
the joint letter brief, the Producing Party shall prepare its portion of the joint letter brief and serve
it on the Receiving Party. The Receiving Party shall file the joint letter on behalf of the parties
within one (1) business day of receiving the Producing Party’s portion of the joint letter brief. This
Protective Order does not alter the burden of proving that the challenged material is entitled to
confidential treatment as governed by applicable law. If the Receiving Party does not prepare a
joint letter brief, such documents or materials shall continue to be treated as designated by the
Producing Party. If such a joint letter brief is filed, the documents or other materials shall be
deemed as designated by the Producing Party unless and until the Court rules otherwise.
E.

Access to Confidential Information
1.

Except with the prior written consent of the Producing Party or by Order of

the Court, Confidential information shall not be furnished, shown, or disclosed to any person or

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entity except to:
a.

and who have been advised of their obligations hereunder;
b.

(including support staff) who are directly assisting such counsel in

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the preparation of this action for trial or other proceedings herein,

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are under the supervision or control of such counsel, and who have

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been advised by such counsel of their obligations hereunder; in

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house counsel John Schultz, HPE Executive Vice President, Chief

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Legal and Administrative Officer, and Corporate Secretary; Rishi

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Varma, HPE General Counsel; Robert Particelli, HPE Senior Vice

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President and Deputy General Counsel, Litigation; Vaishali Udupa,

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HPE Vice President, Associate General Counsel, IP Litigation and

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Policy; Deanna Kwong, HPE IP Litigation Counsel; Dorian Daley,

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Oracle’s Executive Vice President and General Counsel; Deborah

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Miller, Oracle’s Vice President and Associate General Counsel,

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Litigation; Jeffrey Ross, Oracle’s Assistant General Counsel; Colin

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Farrell, Oracle Corporate Counsel; and paralegals and legal

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department administrative personnel who are directly assisting such

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in-house counsel in the preparation of this action for trial or other

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proceedings herein, are under the supervision or control of such

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counsel, and who have been advised by such counsel of their

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Outside counsel of record for the parties to this action and their
associated attorneys, paralegals, and other professional personnel

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Personnel of HP or Oracle involved in the litigation of this matter

obligations hereunder;
c.

Expert witnesses or consultants and their support staff retained by
the parties or their counsel to furnish technical or expert services in
connection with this action or to give testimony with respect to the

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[PROPOSED] STIPULATED AMENDED
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subject matter of this action at the trial of this action or other

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proceeding herein; provided, however, that such Confidential

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information is furnished, shown, or disclosed in accordance with

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Paragraphs (E)(4) and (5) below;

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d.
e.

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The Court and court personnel;
An officer before whom a deposition is taken, including
stenographic and video reporters and any necessary secretarial,

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clerical, or other personnel of such officer;

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f.
g.

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Trial and deposition witnesses;
Any person indicated on the face of a document to be the author,
addressee, or a copy recipient of the document;

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h.

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litigation have contracted for purely clerical functions, such as the

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copying of documents;

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i.

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jury research, an appropriate screening process must be used to

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assure that the jury consultant(s) and mock jurors chosen for any

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mock jury presentation are not current or former officers, directors,

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employees, or consultants of any party or any direct competitors of

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any party. Each jury consultant and/or mock jurors must agree in

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writing to be bound by this Order by signing and undertaking the

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form of Exhibit A to this Order; and

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Mock jurors and jury consultants who have been engaged by any
party and/or a party’s consultant in preparation for trial. For any

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Vendors with whom counsel of record for the parties to this

j.
2.

Any other person agreed to by the parties.

Except with the prior written consent of the Producing Party or by Order of

the Court, Attorneys’ Eyes Only information shall not be furnished, shown, or disclosed to any
person or entity except to those persons listed above in Paragraph (E)(1) under item (b), item (c)

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[PROPOSED] STIPULATED AMENDED
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(subject to Paragraph (E)(5) below), item (d), item (e), item (g), item (h), item (i) and item (j).
Attorneys’ Eyes Only information may be furnished, shown, or disclosed to any person or entity
listed above under Paragraph (E)(1)(f) if that person or entity is (i) an author, addressee, or a copy
recipient of the document, or (ii) an employee, officer, or director of the Producing Party. For any
person or entity under Paragraph (E)(1)(f) that is not within the scope of the preceding sentence,
Attorneys’ Eyes Only information may be furnished, shown, or disclosed to such person or entity
only (i) with the prior written consent of the Producing Party or by Court Order, and (ii) after the
person or entity has signed Exhibit A attached hereto and agreed to comply with and be bound by
its terms.
3.

Confidential and Attorneys’ Eyes Only information shall be utilized by the

Receiving Party and/or its counsel, as applicable, only for purposes of this litigation (including,
for example, communications with third parties related to the service of and/or responses to
subpoenas) and for no other purposes, unless the Receiving Party independently learned of the
Confidential or Attorneys’ Eyes Only information. A Receiving Party may not utilize Confidential
and Attorneys’ Eyes Only information for the purposes of contacting, communicating or
negotiating with a third party for the purposes of establishing, modifying, and/or furthering a
business relationship, provided, however, that nothing in this protective order shall preclude a
Receiving Party from using information developed from independent sources for any purpose. A
Receiving Party is not precluded from using such independently derived information by virtue of
having also received it pursuant to this Protective Order. The parties acknowledge that each party
respectively may have developed information regarding certain customers independent of any
disclosure or production in the litigation. The parties also acknowledge that the salespeople for
the respective parties may communicate with customers and potential customers in the ordinary
course of their jobs, and that such communications do not, alone, reflect the use of protected
information.
4.

Before any disclosure of Confidential or Attorneys’ Eyes Only information

is made to an expert witness or consultant or their support staff pursuant to Paragraph (E)(1)(c)

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above, counsel for the Receiving Party shall obtain from the expert, the expert’s written agreement,
in the form of Exhibit A attached hereto, to comply with and be bound by its terms. Confidential
or Attorneys’ Eyes Only information may be provided to an expert witness or consultant to the
extent necessary for such expert or consultant to prepare a written opinion, to prepare to testify, or
to assist counsel in the prosecution or defense of this litigation, provided that such expert or
consultant (i) is not currently an employee of, or advising or discussing employment with, or
consultant to, any party to or any competitor of any party to this litigation, as far as the expert or
consultant can reasonably determine, and (ii) is using said Confidential or Attorneys’ Eyes Only
information solely in connection with this litigation. Where an expert witness or consultant has
employees at the same firm or company working at the direction of the expert witness or
consultant, only the expert witness or consultant (and not the other employees) need sign
Exhibit A. However, the employees shall also be bound by the confidentiality obligations in this
Order to the same extent the expert witness or consultant is.
5.

At least five (5) business days prior to providing an expert or expert

consultant with any information that has been designated as Confidential or Attorneys’ Eyes Only
by a Producing Party, counsel must first identify the expert in writing to opposing counsel. This
written identification shall include a current resume or curriculum vitae. Should the opposing
party or any non-party object to the disclosure of its Protected Material to the designated expert or
expert consultant, it shall provide written notice within five (5) business days. The objecting party
or non-party shall meet and confer with the party identifying the expert on that objection within
two (2) business days of the written objection being served on counsel. If the meet and confer
does not resolve the dispute, the parties agree to expedite the filing of a joint letter with the Court.
The parties agree that this joint statement will be filed with the Court within two (2) business days
of the meet and confer.

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F.

If a party is served with a subpoena or a court order issued in other litigation that
compels disclosure of any information or items designated in this action as Confidential or
Attorneys’ Eyes Only, that party must:
a) promptly notify in writing the Producing Party. Such notification shall include a

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copy of the subpoena or court order;

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b) promptly notify in writing the party who caused the subpoena or order to issue in

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the other litigation that some or all of the material covered by the subpoena or order

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is subject to this Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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c) cooperate with respect to all reasonable procedures sought to be pursued by the

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Protected Material Subpoenaed or Ordered Produced in Other Litigation

Producing Party whose Protected Material may be affected.
If the Producing Party timely seeks a protective order, the party served with the subpoena or court
order shall not produce any information designated in this action as Confidential or Attorneys’
Eyes Only before a determination by the court from which the subpoena or order issued, unless
the party has obtained the Producing Party’s permission. The Producing Party shall bear the
burden and expense of seeking protection in that court of its Protected Material, and nothing in
these provisions should be construed as authorizing or encouraging a Receiving Party in this action
to disobey a lawful directive from another court.
G.

Unauthorized Disclosure of Protected Materials
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

Protected Material to any person or in any circumstance not authorized under this Stipulated
Protective Order, the Receiving Party must immediately (a) notify in writing the Producing Party
of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made
of all the terms of this Order, and (d) request such person or persons to execute a written agreement,
in the form of Exhibit A attached hereto, to comply with and be bound by the terms of this Order.

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H.

Inadvertent Production of Privileged Materials
1.

If information subject to a claim of attorney-client privilege, attorney work

product, or any other ground on which production of such information should not be made to any
party is nevertheless inadvertently produced to a party or parties, Federal Rule of Evidence 502(b)
and Federal Rule of Civil Procedure 26(b)(5)(B) shall apply.
2.

If any privileged material is inadvertently produced in this matter, the

Producing Party may claim it back by requesting return or destruction in writing, stating that the
production was inadvertent. Within five (5) business days upon receipt of such written notice, the
Receiving Party shall confirm in writing that it has either (1) returned the items identified and
destroyed any copies which were made or (2) immediately sequestered the material in question
and provided the party making the claim of inadvertent disclosure notice that the Receiving Party
intends to challenge the material as not privileged or not inadvertently produced. This paragraph
does not restrict the right of the Receiving Party to challenge the Producing Party’s claim of
privilege.
3.

The failure of a party at a deposition to challenge the assertion of any

privilege, work-product protection, or immunity over any document shall not prejudice the right
of such party to challenge the assertion of any such privilege or immunity in accordance with the
other procedures described in this paragraph.
I.

Final Disposition
1.

Within 60 days of the termination of this action between the parties,

including final appellate action or the expiration of time to appeal or seek further review, each
party or other individual subject to the terms of this Order shall use reasonable efforts to either
return or destroy materials designated “Confidential” or “Attorneys’ Eyes Only.”
2.

The Receiving Party’s reasonable efforts shall not require the return or

destruction of “Confidential” or “Attorneys’ Eyes Only” materials from: (1) disaster recovery or
business continuity backups, (2) data stored in system-generated temporary folders or near-line
storage, (3) unstructured departed employee data, and/or (4) material that is subject to legal hold

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obligations or commingled with other such material. Backup storage media will not be restored
for purposes of returning or certifying destruction of “Confidential” or “Attorneys’ Eyes Only”
material, but such retained information shall continue to be treated in accordance with the Order.
3.

Notwithstanding the above requirements to return or destroy Protected

Material, counsel may retain for archival purposes complete copies of all court papers (and exhibits
thereto), correspondence, pleadings, deposition and trial transcripts (and exhibits thereto), legal
memoranda, expert reports and attorney work product that contain or refer to Confidential or
Attorneys’ Eyes Only materials, provided that such Counsel shall not disclose such materials to
any person, except pursuant to court order. Nothing shall be interpreted in a manner that would
violate any applicable canons of ethics or codes of professional responsibility.
J.

Miscellaneous
1.

If any party intends to file with the Court materials that have been

designated as Confidential or Attorneys’ Eyes Only, the filing party must comply with Civil Local
Rule 79-5. Prior to any hearings and/or trial in this matter, counsel for the parties shall meet and
confer to negotiate a proposal regarding the treatment of Confidential or Attorneys’ Eyes Only
information proposed to be used at such hearing or trial.
2.

The parties to this action agree that the production of any Discovery

Material by any non-party shall be subject to and governed by the terms of this Order.
3.

Nothing in this Order shall prevent or restrict a Producing Party’s own

disclosure or use of its own Protected Material for any purpose. Nothing in this Order shall be
construed to prejudice any party’s right to object to the use or disclosure of any Protected Material
in court or in any court filing. This Order is made without prejudice to the right of any party to
seek further or additional protection of any Protected Material or to modify this Order in any way,
including, without limitation, an order that certain material not be produced at all.
4.

The parties and any other persons subject to the terms of this Order agree

that the Court shall retain jurisdiction over them for the purpose of enforcing this Order.
5.

Nothing in this Order shall prevent any party or other person from seeking

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modification of this Order or from objecting to discovery that it believes to be otherwise improper.

IT IS SO STIPULATED.
Dated: April 23, 2018

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LATHAM & WATKINS LLP
By:

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Dated: April 23, 2018

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GIBSON, DUNN & CRUTCHER LLP
By:

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/s/ Christopher S. Yates
Christopher S. Yates
Attorneys for Plaintiffs
Oracle America, Inc. and
Oracle International Corporation.

/s/ Blaine H. Evanson
Blaine H. Evanson
Attorneys for Hewlett Packard Enterprise
Company

PURSUANT TO STIPULATION, IT IS SO ORDERED:
DATED: April 23, 2018

By:

The Honorable Jon S. Tigar

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[PROPOSED] STIPULATED AMENDED
PROTECTIVE ORDER
CASE NO. 3:16-CV-01393-JST

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ATTESTATION OF CONCURRENCE IN THE FILING
Pursuant to Civil Local Rule 5-1(i)(3), I declare that concurrence has been
obtained from each of the above signatories to file this document with the Court.

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Dated: April 23, 2018
GIBSON, DUNN & CRUTCHER LLP
By:

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/s/ Blaine H. Evanson
Blaine H. Evanson
Attorneys for Hewlett Packard Enterprise
Company

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[PROPOSED] STIPULATED AMENDED
PROTECTIVE ORDER
CASE NO. 3:16-CV-01393-JST

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EXHIBIT A

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I have been given a copy of the Stipulated Protective Order entered in the actions
titled Oracle America, Inc., et al. v. Hewlett Packard Enterprise Company, et al., Civil Action
No. 16-cv-01393 JST, pending in the United States District Court for the Northern District of
California. I have read and understand the terms of the Order. I understand that unauthorized
disclosure of “Confidential” or “Attorneys’ Eyes Only” information will constitute a violation of
the Order and that the parties reserve the right to seek appropriate redress, including sanctions,
from the Court for willful violations thereof. With full knowledge of the terms and requirements
of the Order, I agree to be bound by its terms. I agree that I shall not disclose to others, except in
accordance with the Order, such information or documents, and that such information or
documents shall be used only for the purpose of the legal proceeding in which the documents
were produced. I further agree and attest to my understanding that my obligation to honor the
confidentiality of such information or documents will continue even after the termination of this
legal proceeding.
I agree to subject myself to the jurisdiction of the United States District Court for
the Northern District of California for the purposes of enforcement of this Order.

Dated:

By:

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[PROPOSED] STIPULATED AMENDED
PROTECTIVE ORDER
CASE NO. 3:16-CV-01393-JST