"The Apple iPod iTunes Anti-Trust Litigation"

Filing 232

MOTION to Seal Motion for Reconsideration of Rule 23(B)(2) Class and Declaration of Eddy Cue filed by Apple Inc.. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Scott, Michael) (Filed on 8/31/2009) Modified on 8/31/2009 (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation" Doc. 232 Case5:05-cv-00037-JW Document232 Filed08/31/09 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert A. Mittelstaedt #60359 ramittelstaedt@jonesday.com Craig E. Stewart #129530 cestewart@jonesday.com Michael Scott #255288 michaelscott@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION Case No. C 05-00037 JW C 06-04457 JW APPLE'S MISCELLANEOUS ADMINISTRATIVE MOTION TO FILE UNDER SEAL DEFENDANT'S MOTION FOR RECONSIDERATION OF RULE 23(B)(2) CLASS AND DECLARATION OF EDDY CUE Date: Time: Place: October 5, 2009 9:00 A.M. Courtroom 8, 4th floor Apple Inc.'s Admin. Mot. to File Under Seal C 05-00037 JW; C 06-04457 JW Dockets.Justia.com Case5:05-cv-00037-JW Document232 Filed08/31/09 Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Local Rules 7-11(a) and 79-5(b) and (c), defendant Apple Inc. ("Apple") requests that the Court order the Clerk of the Court to file under seal the following confidential documents that Apple is lodging with the Court on August 31, 2009: Defendant's Motion for Reconsideration of Rule 23(b)(2) Class, and the Declaration of Eddy Cue in Support of Defendant's Motion for Reconsideration of Rule 23(b)(2) Class. The requested relief is necessary and narrowly tailored to protect the confidentiality of Apple's commercially sensitive business information, including undisclosed iTunes Store sales and cost data. The confidential sales numbers and costs have been redacted from Defendant's Motion for Reconsideration of Rule 23(b)(2) Class to allow public access to the redacted motion, and the redacted motion is marked "REDACTED." Pursuant to Local Rule 79-5, this request is supported by the declaration of Steven Leung and is accompanied by a proposed order to file under seal. Dated: August 31, 2009 JONES DAY By: Michael Scott Attorneys for Defendant APPLE INC. SFI-617787v1 Apple Inc.'s Admin. Mot. to File Under Seal -2- C 05-00037 JW; C 06-04457 JW