Apple Computer, Inc. v. Podfitness, Inc.

Filing 124

ORDER, by Judge Joseph C. Spero, signed 5/9/8, denying 112 Redacted Motion for Disclosure of Redacted Information in Document Number PF001014; denying 114 SEALED Motion for Disclosure of Redacted Information in Document Number PF001014. (klh, COURT STAFF) (Filed on 5/9/2008)

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Apple Computer, Inc. v. Podfitness, Inc. Doc. 124 1 2 3 4 5 6 7 8 9 10 v. PODFITNESS, INC., Defendant(s). ________________________________/ The Court has received an Application for Disclosure of the Redacted Information in Document Number PF001014 (the "Application"). In the Application, Plaintiff asserts that the attorney-client privilege has been waived with respect to the redacted portions of the identified document. In particular, Plaintiff contends that the record is clear that Dave Malone was present at the meeting reflected in the document and that his presence destroyed the confidentiality of the meeting and waived the attorney-client privilege. The record before this Court does not support the contention raised in the Application. Defendant has provided evidence that Mr. Malone functioned as an employee of Defendant, or of a joint business venture of Defendant, at the time of the meeting. Accordingly, the Application is DENIED. IT IS SO ORDERED. APPLE COMPUTER, INC., Plaintiff(s), Case No. C-06-05805 SBA (JCS) ORDER DENYING PLAINTIFF'S APPLICATION FOR DISCLOSURE OF THE REDACTED INFORMATION IN DOCUMENT NUMBER PF001014 [Docket Nos. 112 (redacted)/114 (sealed)] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 9, 2008 _________________________ JOSEPH C. SPERO United States Magistrate Judge

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