Rimini Street, Inc. v. Oracle International Corporation

Filing 497

ORDER granting Oracle's ECF No. 493 Motion to Seal. Signed by Magistrate Judge Carl W. Hoffman on 5/15/2017. (Copies have been distributed pursuant to the NEF - KR)

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BOIES SCHILLER FLEXNER LLP
RICHARD J. POCKER (NV Bar No. 3568)
300 South Fourth Street, Suite 800
Las Vegas, NV 89101
Telephone:
702.382.7300
Facsimile:
702.382.2755
[e-mail]
BOIES SCHILLER FLEXNER LLP
WILLIAM ISAACSON (pro hac vice)
KAREN DUNN (pro hac vice)
1401 New York Avenue, NW, 11th Floor
Washington, DC 20005
Telephone:
202.237.2727
Facsimile:
202.237.6131
[e-mail]
[e-mail]
BOIES SCHILLER FLEXNER LLP
STEVEN C. HOLTZMAN (pro hac vice)
BEKO O. REBLITZ-RICHARDSON
(pro hac vice)
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone:
510.874.1000
Facsimile:
510.874.1460
[e-mail]
[e-mail]

MORGAN, LEWIS & BOCKIUS LLP
THOMAS S. HIXSON (pro hac vice)
JOHN A. POLITO (pro hac vice)
NITIN JINDAL (pro hac vice)
One Market, Spear Street Tower
San Francisco, CA 94105
Telephone:
415.442.1000
Facsimile:
415.442.1001
[e-mail]
[e-mail]
[e-mail]
DORIAN DALEY (pro hac vice)
DEBORAH K. MILLER (pro hac vice)
JAMES C. MAROULIS (pro hac vice)
ORACLE CORPORATION
500 Oracle Parkway, M/S 5op7
Redwood City, CA 94070
Telephone:
650.506.4846
Facsimile:
650.506.7114
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants and
Counterclaimants Oracle America, Inc. and
Oracle International Corporation

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RIMINI STREET, INC., a Nevada corporation;
Plaintiff,
v.
ORACLE INTERNATIONAL CORPORATION,
a California corporation, and ORACLE
AMERICA, INC., a Delaware
corporation
Defendants.

Case No 2:14-cv-01699 LRH CWH
ORACLE’S MOTION FOR LEAVE
TO FILE UNDER SEAL PORTIONS
OF THE APPENDICES TO THE
PARTIES’ JOINT LETTER TO THE
COURT RE: ORACLE’S PROPOSED
MOTION TO COMPEL

ORACLE AMERICA, INC., a Delaware
corporation; and ORACLE
INTERNATIONAL CORPORATION, a
California corporation,
Counterclaimants,
v.
RIMINI STREET, INC., a Nevada corporation, et
al.,
Counterdefendants.

ORACLE’S MOTION TO SEAL

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Pursuant to the Stipulated Protective Order governing confidentiality of documents

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entered by the Court on May 18, 2015, ECF No. 58 (“Protective Order”), Local Rules 10-5(b),

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and Rules 5.2 and 26(c) of the Federal Rules of Civil Procedure, Defendants and

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Counterclaimants Oracle International Corporation and Oracle America Inc. (together “Oracle”)

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respectfully requests that the Court grant leave to file under seal portions of the Appendices to

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the Parties’ Joint Letter to the Court re: Oracle’s Proposed Motion to Compel (ECF No. 492).

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Redacted versions of these documents were filed on May 11, 2017. See ECF Nos. 492-1, 492-2.

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Unredacted versions of these documents will be subsequently filed under seal with the Court and

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linked to the filing of this Motion. See ECF No. 221 (Order re: sealing procedures).

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Oracle requests that the Court seal the redacted portions of the Appendices because they

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contain materials that have been designated as “Highly Confidential Information – Attorneys’

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Eyes Only” by the Parties under the terms of the Protective Order. The Protective Order states,

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“Counsel for any Designating Party may designate any Discovery Material as ‘Confidential

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Information’ or ‘Highly Confidential Information – Attorneys’ Eyes Only’ under the terms of

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this Protective Order only if such counsel in good faith believes that such Discovery Material

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contains such information and is subject to protection under Federal Rule of Civil

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Procedure 26(c). The designation by any Designating Party of any Discovery Material as

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‘Confidential Information’ or ‘Highly Confidential Information – Attorneys’ Eyes Only’ shall

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constitute a representation that an attorney for the Designating Party reasonably believes there is

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a valid basis for such designation.” Protective Order ¶ 2 (emphasis supplied).

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Oracle submits Appendix A under seal pursuant to the Protective Order based on

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Rimini’s representation that it reasonably believes there is a valid basis under the Protective

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Order for its confidentiality designations. Because the material was designated by Rimini,

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Oracle is not in a position to provide further justification for why filing this document publicly

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would cause Rimini harm sufficient to show good cause. Oracle does not independently contend

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that the document, or the material it contains, are subject to such protection, but makes this

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request pursuant to ¶ 14 of the Protective Order.

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ORACLE’S MOTION TO SEAL

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Oracle submits Appendix B under seal pursuant to its own request. Appendix B contains

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confidential correspondence between Oracle and the United States Copyright Office that has

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been produced to Rimini in the course of this litigation. Oracle believes there is a valid basis

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under the Protective Order for its confidentiality designations, as the correspondence submitted

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under seal contains non-public and commercially sensitive information concerning Oracle’s

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copyright registrations and software licenses and its interactions with the Copyright Office.

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Oracle respectfully requests that the Court grant leave to file under seal portions of the
documents discussed above.

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DATED: May 11, 2017

MORGAN, LEWIS & BOCKIUS LLP

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By:

/s/ Thomas S. Hixson
Thomas S. Hixson

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Attorneys for Defendants and Counterclaimants
Oracle International Corporation and Oracle
America, Inc.

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ORACLE’S MOTION TO SEAL

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIMINI STREET, INC., a Nevada corporation;
Plaintiff,
v.
ORACLE INTERNATIONAL CORPORATION,
a California corporation, and ORACLE
AMERICA, INC., a Delaware
corporation
Defendants.
ORACLE AMERICA, INC., a Delaware
corporation; and ORACLE
INTERNATIONAL CORPORATION, a
California corporation,
Counterclaimants,
v.
RIMINI STREET, INC., a Nevada corporation, et
al.,
Counterdefendants.

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[PROPOSED] ORDER GRANTING
ORACLE’S MOTION FOR LEAVE TO
FILE UNDER SEAL PORTIONS OF
THE APPENDICES TO THE PARTIES’
JOINT LETTER TO THE COURT RE:
ORACLE’S PROPOSED MOTION TO
COMPEL

[PROPOSED] ORDER

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Case No 2:14-cv-01699 LRH CWH

Pending before this Court is Defendants and Counterclaimants Oracle America, Inc. and
Oracle International Corporation’s (collectively “Oracle”) Motion to Seal Portions of the
Appendices to the Parties’ Joint Letter to the Court re: Oracle’s Proposed Motion to Compel
(ECF Nos. 492-1, 492-2). Federal Rule of Civil Procedure 26(c) provides broad discretion for a
trial court to permit sealing of court documents for, inter alia, the protection of “a trade secret or
other confidential research, development, or commercial information.” Fed. R. Civ. P. 26(c).
Having considered Oracle’s Motion to Seal and for good cause existing:
IT IS HEREBY ORDERED THAT: Oracle’s Motion to Seal is GRANTED. The Clerk
of the Court shall file under seal the redacted portions of the Appendices to the Parties’ Joint
Letter to the Court re: Oracle’s Proposed Motion to Compel.

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DATED: May 15, 2017

By:
Hon. Carl W. Hoffman
United States Magistrate Judge

[PROPOSED] ORDER

CERTIFICATE OF SERVICE

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I certify that on May 11, 2017, I electronically transmitted the foregoing:

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ORACLE’S MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF
THE APPENDICES TO THE PARTIES’ JOINT LETTER TO THE COURT RE:
ORACLE’S PROPOSED MOTION TO COMPEL

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[PROPOSED] ORDER GRANTING ORACLE’S MOTION FOR LEAVE TO
FILE UNDER SEAL PORTIONS OF THE APPENDICES TO THE PARTIES’
JOINT LETTER TO THE COURT RE: ORACLE’S PROPOSED MOTION TO
COMPEL

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to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of
Electronic Filing to all counsel in this matter; all counsel are CM/ECF registrants.

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Dated: May 11, 2017

Morgan, Lewis & Bockius LLP

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By:

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/s/ Thomas S. Hixson
Thomas S. Hixson
Attorney for Defendants and
Counterclaimants Oracle America, Inc.
and Oracle International Corporation

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ORACLE’S MOTION TO SEAL