Apple Inc. v. Psystar Corporation

Filing 126

MOTION to Seal Portions of Apple Inc.'s Opposition to Psystar's Brief filed on August 31, 2009 and Exhibits 1-3 to Declaration of Megan M. Chung filed by Apple Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Chung, Megan) (Filed on 9/3/2009)

Apple Inc. v. Psystar Corporation

Doc. 126

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TOWNSEND AND TOWNSEND AND CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) MEHRNAZ BOROUMAND SMITH (State Bar No. 197271) MEGAN M. CHUNG (State Bar No. 232044) J. JEB B. OBLAK (State Bar No. 241384) Two Embarcadero Center, Eighth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff and Counterdefendant APPLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLE INC., a California corporation, Plaintiff, v. PSYSTAR CORPORATION, a Florida corporation, and DOES 1-10, inclusive, Defendants. AND RELATED COUNTERCLAIMS

Case No. CV 08-03251 WHA ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG

Plaintiff and counterdefendant Apple Inc. ("Apple") submits this Administrative Request pursuant to Civil Local Rules 7-11 and 79-5(c), for permission to file under seal portions of the opposition brief and exhibits 1, 2 and 3 to the Declaration of Megan M. Chung in Support of Apple Inc.'s Opposition to Psystar's Motion to Compel dated August 31, 2009. These documents contain highly confidential testimony and references and highly confidential information from documents regarding financial and technical information that has been designated as Confidential or Confidential
ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG CASE NO. CV 08-03251 WHA

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Attorneys' Eyes Only under the Stipulated Protective Order approved by the Court on March 2, 2009. The undersigned declares that the request is narrowly tailored to seal only those materials for which good cause to seal has been established. Pursuant to Civil Local Rule 79-5(c), a sealed copy of the above-described document is being lodged with the clerk.

DATED: September 3, 2009

Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP

By: /s/ Megan M. Chung. Megan M. Chung Attorneys for Plaintiff and Counterdefendant APPLE INC.
62202383 v1

ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG CASE NO. CV 08-03251 WHA

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CERTIFICATE OF SERVICE I, Victoria E. Hopper, declare I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court at whose direction this service was made. I am over the age of eighteen and not a party to this action. My business address is Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. I served the following documents exactly entitled: ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG; DECLARATION OF MEGAN M. CHUNG IN SUPPORT OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG; AND [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG on the interested parties in this action following the ordinary business practice of Townsend and Townsend and Crew LLP, as follows: K.A.D. Camara Camara & Sibley LLP 2339 University Boulevard Houston, TX 77005 Phone: [phone] Fax: [phone] David Vernon Welker Welker & Rosario 2230 Skillern Drive Boise, Idaho 83709 Phone: [phone] Fax: [phone] email: [e-mail]

email: [e-mail]

[By First Class Mail] I am readily familiar with my employer's practice for collecting and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be deposited with the United States Postal Service that same day in the ordinary course of business. [By Overnight Courier] I caused each envelope to be delivered by a commercial carrier service for overnight delivery to the offices of the addressee(s). [By Hand] I directed each envelope to the party(ies) so designated on the service list to be delivered by courier this date. [By Facsimile Transmission] I caused said document to be sent by facsimile transmission to the fax number indicated for the party(ies) listed above. [By Electronic Transmission] I caused said document to be sent by electronic transmission to the e-mail address indicated for the party(ies) listed above via the court's ECF notification system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed on September 3, 2009, at San Francisco, California.
PROOF OF SERVICE - ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS; DECL. OF MEGAN CHUNG; [PROPOSED]ORDER CASE NO. CV 08-03251 WHA

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/s/ Victoria E. Hopper Victoria E. Hopper

PROOF OF SERVICE - ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS; DECL. OF MEGAN CHUNG; [PROPOSED]ORDER CASE NO. CV 08-03251 WHA

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