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

Filing 116

ORDER by Judge ARMSTRONG granting (115) Administrative Motion to File Under Seal in case 4:11-cv-03549-SBA; granting (47) Administrative Motion to File Under Seal in case 4:12-cv-00297-SBA; granting (92) Administrative Motion to File Under Seal in case 4:12-cv-00348-SBA (lrc, COURT STAFF) (Filed on 6/26/2012)

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K.T. Cherian (Cal. Bar No. 133967)
Clayton C. James (admitted pro hac vice)
Srecko Vidmar (Cal. Bar No. 241120)
Maren J. Clouse (Cal. Bar No. 228726)
HOGAN LOVELLS US LLP
Four Embarcadero Center, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Peter J. O’Rourke (Cal. Bar No. 227164)
ORACLE CORPORATION
500 Oracle Parkway, MS 5OP7
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
ORACLE CORPORATION
and ORACLE AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ORACLE CORPORATION, a Delaware
corporation, and ORACLE AMERICA, INC., a
Delaware corporation,

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Plaintiffs,

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v.
ORG STRUCTURE INNOVATIONS LLC, a
Texas limited liability company, and PAUL
MORINVILLE, an individual resident of
Indiana,

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Case No. 11-cv-03549-SBA
STIPULATION AND ORDER
GRANTING JOINT
ADMINISTRATIVE MOTION TO
FILE UNDER SEAL PORTIONS OF
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
PURSUANT TO FED. R. CIV. P. 26(f)
Date: July 24, 2012
Time: 1:00 p.m.
Courtroom: 1, 4th Floor

Defendants.
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Hon. Saundra Brown Armstrong

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STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL;
CASE NOS. 11-cv-03549-SBA, 12-cv-00297-SBA; 12-cv-00348-SBA

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PAUL V. MORINVILLE and ORG
STRUCTURE INNOVATIONS LLC,

Case No. 12-cv-00297-SBA

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Plaintiffs,
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v.
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ORACLE CORPORATION and ORACLE
AMERICA, INC.,

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Defendants.

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ORG STRUCTURE INNOVATIONS LLC,

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Case No. 12-cv-00348-SBA

Plaintiff,
v.
ORACLE CORPORATION and ORACLE
AMERICA, INC.,

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Defendants.
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STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL;
CASE NOS. 11-cv-03549-SBA, 12-cv-00297-SBA; 12-cv-00348-SBA

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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);
WHEREAS Plaintiffs do not believe that the Complaint contains any information

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appropriate for filing under seal and have moved the Court for reconsideration of its Order sealing

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the Complaint (Dkt. No. 39);

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WHEREAS Defendants believe that the Complaint does contain confidential information

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that should be sealed, and that quotations or discussions of that confidential information in other

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pleadings also should be sealed;
WHEREAS portions of the parties’ Joint Case Management Conference Statement Pursuant
to Federal Rule of Civil Procedure 26(f) refer to the Complaint;
WHEREAS in light of the Court’s Order sealing the Complaint, the parties seek to file under

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seal those portions of their Joint Case Management Conference Statement Pursuant to Federal Rule

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of Civil Procedure 26(f) that refer to the Complaint;

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WHEREAS this action concerns a patent license agreement (“Agreement”) that contains
confidential business information and is subject to a confidentiality agreement;

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WHEREAS that Agreement has been filed under seal in this action (Dkt. No. 43 Ex. 2);

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WHEREAS portions of the parties’ Joint Case Management Conference Statement Pursuant

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to Federal Rule of Civil Procedure 26(f) refer to confidential information in the Agreement; and
WHEREAS the parties seek to file under seal those portions of the Joint Case Management

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Conference Statement Pursuant to Federal Rule of Civil Procedure 26(f) that refer to confidential

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information the Agreement;

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ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED that, with the Court’s

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permission, the parties may file under seal in accordance with Civil Local Rule 79-5 those portions

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of their Joint Case Management Conference Statement Pursuant to Federal Rule of Civil Procedure

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26(f) that refer to the Complaint or confidential information in the Agreement.

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STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL;
CASE NOS. 11-cv-03549-SBA, 12-cv-00297-SBA; 12-cv-00348-SBA

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IT IS SO STIPULATED AND AGREED.

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Dated: June 21, 2012

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HOGAN LOVELLS US LLP
By: /s/ Maren J. Clouse
Maren J. Clouse

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Attorneys for Plaintiffs
ORACLE CORPORATION
and ORACLE AMERICA, INC.

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Dated: June 21, 2012

FARNEY DANIELS LLP
By: /s/ Steven R. Daniels
Steven R. Daniels
800 South Austin Avenue, Suite 200
Georgetown, Texas 78626
Attorneys for Defendants
ORG STRUCTURE INNOVATIONS LLC
and PAUL MORINVILLE

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I, Maren J. Clouse, attest that Steven R. Daniels 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.

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STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL;
CASE NOS. 11-cv-03549-SBA, 12-cv-00297-SBA; 12-cv-00348-SBA

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ORDER

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Based on the foregoing, IT IS HEREBY ORDERED that the parties may file under seal in

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accordance with Civil Local Rule 79-5 those portions of their Joint Case Management Conference

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Statement Pursuant to Federal Rule of Civil Procedure 26(f) that refer to the Complaint or

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confidential information in the Agreement.

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IT IS SO ORDERED.

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DATED: _6/26/12

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____________________________________________

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THE HONORABLE SAUNDRA BROWN ARMSTRONG

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United States District Judge

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STIP. AND ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL;
CASE NOS. 11-cv-03549-SBA, 12-cv-00297-SBA; 12-cv-00348-SBA