Opinion
Case No. 11-cv-03549-SBA
10-28-2011
ORACLE CORPORATION, a Delaware corporation, and ORACLE AMERICA, INC., a Delaware corporation, Plaintiffs, v. ORG STRUCTURE INNOVATIONS LLC, a Texas limited liability company, and PAUL MORINVILLE, an individual resident of Indiana, Defendants.
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 Peter J. O'Rourke (Cal. Bar No. 227164) ORACLE CORPORATION Attorneys for Plaintiffs ORACLE CORPORATION and ORACLE AMERICA, INC.
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
Peter J. O'Rourke (Cal. Bar No. 227164)
ORACLE CORPORATION
Attorneys for Plaintiffs
ORACLE CORPORATION
and ORACLE AMERICA, INC.
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
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 appropriate for filing under seal and have moved the Court for reconsideration of its Order sealing the Complaint (Dkt. No. 39);
WHEREAS Defendants believe that the Complaint does contain confidential information that should be sealed, and that quotations or discussions of 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;
WHEREAS in light of the Court's Order sealing the Complaint, the parties seek to file under seal those portions of their Joint Case Management Statement and Report Pursuant to Federal Rule of Civil Procedure 26(f) that refer to the Complaint;
WHEREAS this action concerns a patent license agreement ("Agreement") that contains confidential business information and is subject to a confidentiality agreement;
WHEREAS that Agreement has been filed under seal in this action (Dkt. No. 43 Ex. 2);
WHEREAS portions of the parties' Joint Case Management Statement and Report Pursuant 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 Statement and Report Pursuant to Federal Rule of Civil Procedure 26(f) that refer to confidential information the Agreement;
ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED that, with the Court's permission, the parties may file under seal in accordance with Civil Local Rule 79-5 those portions of their Joint Case Management Statement and Report Pursuant to Federal Rule of Civil Procedure 26(f) that refer to the Complaint or confidential information in the Agreement.
IT IS SO STIPULATED AND AGREED.
HOGAN LOVELLS US LLP
By _______________
Maren J. Clouse
Attorneys for Plaintiffs
ORACLE CORPORATION
and ORACLE AMERICA, INC.
FARNEY DANIELS LLP
By: _______________
Steven R. Daniels
Attorneys for Defendants
ORG STRUCTURE INNOVATIONS LLC
and PAUL MORINVILLE
ORDER
Based on the foregoing, IT IS HEREBY ORDERED that the parties may file under seal in accordance with Civil Local Rule 79-5 those portions of their Joint Case Management Statement and Report Pursuant to Federal Rule of Civil Procedure 26(f) that refer to the Complaint or confidential information in the Agreement.
IT IS SO ORDERED.
THE HONORABLE SAUNDRA BROWN ARMSTRONG
United States District Judge
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.