Oracle Corporation et al v. ORG Structure Innovations LLC et al

Filing 106

ORDER by Judge ARMSTRONG granting (104) Administrative Motion to File Under Seal in case 4:11-cv-03549-SBA; granting (40) Administrative Motion to File Under Seal in case 4:12-cv-00297-SBA; granting (81) Administrative Motion to File Under Seal in case 4:12-cv-00348-SBA (lrc, COURT STAFF) (Filed on 4/18/2012)

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1 2 3 4 5 6 7 W. Bryan Farney (Tex. Bar No. 6826600) Pro Hac Vice Wayne M. Harding (Tex. Bar No. 08978500) Steven R. Daniels (Cal. Bar No. 235398) Jennifer Towle (Cal. Bar No. 225095) FARNEY DANIELS LLP 800 S. Austin Ave., Suite 200 Georgetown, Texas 78626 Telephone: (512) 582-2828 Facsimile: (512) 582-2829 E-Mails: BFarney@farneydaniels.com WHarding@farneydaniels.com SDaniels@farneydaniels.com JTowle@farneydaniels.com 8 9 ATTORNEYS FOR ORG STRUCTURE INNOVATIONS LLC and PAUL MORINVILLE 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 ORACLE CORPORATION, a Delaware corporation, and ORACLE AMERICA, INC., a Delaware corporation, 15 Plaintiffs, 16 v. 17 18 19 20 ORG STRUCTURE INNOVATIONS LLC, a Texas limited liability company, and PAUL MORINVILLE, an individual resident of Indiana, Case No. 11-cv-03549-SBA STIPULATION AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF JOINT CASE MANAGEMENT STATEMENT AND REPORT PURSUANT TO FED. R. CIV. P. 26(f) Hon. Saundra Brown Armstrong Defendants. 21 22 23 24 25 26 27 28 STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-03549-SBA 1 Case No. 12-cv-00297-SBA PAUL V. MORINVILLE and ORG STRUCTURE INNOVATIONS LLC, 2 Plaintiffs, 3 v. 4 5 ORACLE CORPORATION and ORACLE AMERICA, INC., 6 Defendants. 7 8 9 10 Case No. 12-cv-00348-SBA ORG STRUCTURE INNOVATIONS LLC, 11 Plaintiff, 12 v. 13 14 ORACLE CORPORATION AMERICA, INC., 15 and ORACLE Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-03549-SBA 1 2 3 4 WHEREAS Defendant Morinville filed an Administrative Motion to Seal the Complaint in this action on the grounds that it contains confidential information (Dkt. No. 7); WHEREAS the Court issued an Order granting Defendant’s Motion to Seal the Complaint and directing that the Complaint be filed under seal (Dkt. No. 10); 5 WHEREAS the Oracle parties do not believe that the Complaint contains any information 6 appropriate for filing under seal and have moved the Court for reconsideration of its Order sealing 7 the Complaint (Dkt. No. 39); 8 WHEREAS Morinville and ORG Structure Innovations, LLC believe that the Complaint 9 does contain confidential information that should be sealed, and that quotations or discussions of 10 11 12 that confidential information in other pleadings also should be sealed; WHEREAS portions of the parties’ Joint Case Management Statement and Report Pursuant to Federal Rule of Civil Procedure 26(f) refer to the Complaint; 13 WHEREAS in light of the Court’s Order sealing the Complaint, Morinville and ORG 14 Structure seek to file under seal those portions of their Joint Case Management Statement and 15 Report Pursuant to Federal Rule of Civil Procedure 26(f) that refer to the Complaint; 16 WHEREAS this action concerns a patent license agreement (“Agreement”) that Morinville 17 and ORG Structure contend contains confidential business information and that is subject to a 18 confidentiality agreement; 19 WHEREAS that Agreement has been filed under seal in this action (Dkt. No. 43 Ex. 2); 20 WHEREAS portions of the parties’ Joint Case Management Statement and Report Pursuant 21 to Federal Rule of Civil Procedure 26(f) refer to information in the Agreement that Morinville and 22 ORG Structure contend is confidential; 23 WHEREAS Oracle does not believe that its Complaint or the Joint Case Management 24 Statement and Report Pursuant to Federal Rule of Civil Procedure 26(f) contain any information 25 appropriate for filing under seal and has moved this Court for reconsideration of the Order sealing 26 the Complaint, (Dkt. No. 39.), but in light of the Court’s Order sealing Oracle’s Complaint and out 27 of an abundance of caution, Oracle stipulates to Morinville and ORG Structure’s request that 28 portions of the Joint Case Management Statement that cite or refer to the Complaint’s allegations be 1 STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-03549-SBA 1 filed under seal. 2 3 ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED that, with the Court’s 4 permission, the parties may file under seal in accordance with Civil Local Rule 79-5 those portions 5 of their Joint Case Management Statement and Report Pursuant to Federal Rule of Civil Procedure 6 26(f) that refer to the Complaint or that Morinville and ORG Structure contend refer to confidential 7 information in the Agreement. 8 9 IT IS SO STIPULATED AND AGREED. 10 11 Dated: April 16, 2012 FARNEY DANIELS LLP By: /s/ Steven R. Daniels Steven R. Daniels 12 13 800 South Austin Avenue, Suite 200 Georgetown, Texas 78626 14 Attorneys for ORG STRUCTURE INNOVATIONS LLC and PAUL MORINVILLE 15 16 17 18 19 20 21 22 Dated: April 16, 2012 HOGAN LOVELLS US LLP By: /s/ Maren J. Clouse Maren J. Clouse Attorneys for ORACLE CORPORATION and ORACLE AMERICA, INC. 23 24 25 26 27 28 2 STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-03549-SBA 1 2 ORDER Based on the foregoing, IT IS HEREBY ORDERED that the parties may file under seal in 3 accordance with Civil Local Rule 79-5 those portions of their Joint Case Management Statement 4 and Report Pursuant to Federal Rule of Civil Procedure 26(f) that refer to the Complaint or 5 confidential information in the Agreement. 6 7 IT IS SO ORDERED. 8 9 DATED: _4/18/12 10 ____________________________________________ 11 THE HONORABLE SAUNDRA BROWN ARMSTRONG 12 United States District Judge 13 14 15 I, Steven R. Daniels, attest that Maren J. Clouse has read and approved this Stipulation and Proposed Order Granting Joint Administrative Motion to File Under Seal and consents to its filing in this action. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-03549-SBA

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