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

Filing 38

ORDER by Judge ARMSTRONG granting 36 Administrative Motion to File Under Seal (lrc, COURT STAFF) (Filed on 8/30/2011)

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1 2 3 4 5 6 7 8 9 10 11 K.T. Cherian (Cal. Bar No. 133967) Clayton C. James (pro hac vice application pending) 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: (415) 374-2300 Facsimile: (415) 374-2499 Peter J. O’Rourke (Cal. Bar No. 227164) ORACLE CORPORATION 500 Oracle Parkway, MS 5OP7 Redwood Shores, California 94065 Telephone: (650) 506-5200 Facsimile: (650) 506-7114 Attorneys for Plaintiffs ORACLE CORPORATION and ORACLE AMERICA, INC. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 17 18 ORACLE CORPORATION, a Delaware corporation, and ORACLE AMERICA, INC., a Delaware corporation, 19 Plaintiffs, 20 21 22 23 24 25 v. CASE NO. 11-CV-3549 SBA STIPULATION AND ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL ORG STRUCTURE INNOVATIONS LLC, a Texas limited liability company, and PAUL MORINVILLE, an individual resident of Indiana, Defendants. 26 27 28 1 STIPULATION AND ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL Oracle Corporation et al. v. ORG Structure Innovations LLC et al. Civil Action No. 11-CV-3549 SBA 1 2 3 4 5 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 the Court granted Plaintiffs’ Motion for Leave to file a Motion for 6 Reconsideration of Docket No. 10 and ordered Plaintiffs to file their Motion for Reconsideration by 7 August 29, 2011; 8 9 WHEREAS Plaintiffs’ Motion for Reconsideration of Docket No. 10 and the Declaration of Clayton C. James in Support of Plaintiffs’ Motion for Reconsideration of Docket No. 10 (“James 10 Declaration”) refer to the Complaint and to the parties’ prior briefing, also filed under seal, and 11 correspondence about whether the Complaint should be filed under seal and is moving this Court for 12 reconsideration of the Order sealing the Complaint; 13 WHEREAS Oracle does not believe that its Complaint or its Motion for Reconsideration or 14 the supporting James Declaration contains any information appropriate for filing under seal; and 15 WHEREAS in light of the Court’s Order sealing Oracle’s Complaint and out of an 16 abundance of caution, Oracle seeks to file its Motion for Reconsideration and the supporting James 17 Declaration under seal; 18 ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED that, with the Court’s 19 permission, Plaintiffs may file under seal in accordance with Civil Local Rule 79-5 their Motion for 20 Reconsideration of Docket No. 10 and the Declaration of Clayton C. James in Support of Plaintiffs’ 21 Motion for Reconsideration of Docket No. 10. 22 23 24 25 26 27 28 2 STIPULATION AND ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL Oracle Corporation et al. v. ORG Structure Innovations LLC et al. Civil Action No. 11-CV-3549 SBA 1 IT IS SO STIPULATED AND AGREED. 2 Dated: August , 2011 3 By: /s/ Maren J. Clouse Maren J. Clouse 4 Attorneys for Plaintiffs ORACLE CORPORATION and ORACLE AMERICA, INC. 5 6 7 HOGAN LOVELLS US LLP Dated: August , 2011 8 FARNEY DANIELS LLP By: /s/ Steven R. Daniels Steven R. Daniels 9 800 South Austin Avenue, Suite 200 Georgetown, Texas 78626 10 11 Attorneys for Defendants ORG STRUCTURE INNOVATIONS LLC and PAUL MORINVILLE 12 13 ORDER 14 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiffs may file under seal in 15 16 accordance with Civil Local Rule 79-5 their Motion for Reconsideration of Docket No. 10 and the 17 Declaration of Clayton C. James in Support of Plaintiffs’ Motion for Reconsideration of Docket No. 18 10. 19 IT IS SO ORDERED. 20 DATED: _8/30/11 21 ____________________________________________ 22 THE HONORABLE SAUNDRA BROWN ARMSTRONG United States District Judge 23 24 25 26 27 28 I, Maren J. Clouse, attest that Steven R. Daniels has read and approved this Stipulation and Proposed Order Granting Plaintiffs’ Administrative Motion to File Under Seal and consents to its filing in this action. 3 STIPULATION AND ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL Oracle Corporation et al. v. ORG Structure Innovations LLC et al. Civil Action No. 11-CV-3549 SBA

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