In re APPLE COMPUTER, INC., DERIVATIVE LITIGATION

Filing 213

STIPULATION AND ORDER re 203 to Extend Page Limit on Nominal Defendant Apple Inc.'s Memorandum of Points and Authorities in Support of Joint Motion for Preliminary Approval of Derivative Settlement. Signed by Judge Jeremy Fogel on 9/5/08. (dlm, COURT STAFF) (Filed on 9/5/2008)

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GEORGE A. RILEY (State Bar No. 118304) DANIEL H. BOOKIN (State Bar No. 78996) ROBERT D. TRONNES (State Bar No. 209835) VIVI N. TRAN (State Bar No. 247513) O'MELVENY & MYERS LLP Two Embarcadero Center 28th Floor San Francisco, California 94111-3828 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Nominal Defendant APPLE INC. (Additional Counsel Listed on Signature Page) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re APPLE INC. DERIVATIVE LITIGATION This Documents Relates to: ALL ACTIONS. Master File No. C-06-04128-JF STIPULATION AND ------------------[PROPOSED] ORDER TO EXTEND PAGE LIMIT ON NOMINAL DEFENDANT APPLE INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF JOINT MOTION FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT Department: Ctrm. 3, 5th Floor Judge: Honorable Jeremy Fogel

WHEREAS, 16 purported derivative suits were filed on behalf of Apple Inc. ("Apple") in the United States District Court for the Northern District of California. Two of those suits were subsequently voluntarily dismissed and on October 13, 2006 the Court ordered the remaining 14 pending federal derivative actions consolidated as In re Apple Computer, Inc. Derivative Litigation, Master File No. C-06-04128-JF (the "Federal Action"); WHEREAS, on September 1, 2006, the Superior Court of California, County of Santa Clara ("State Court"), consolidated five purported derivative suits as In re Apple Computer, Inc.
STIPULATION AND [PROPOSED] ORDER TO EXTEND PAGE LIMIT ON MOT. FOR PRELIM. APPROVAL OF SETTLEMENT ­ C-06-04128-JF

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Derivative Litigation, Lead Case No. 1:06CV066692 (the "State Action") and on December 7, 2006, the State Court stayed the State Action in favor of the Federal Action; WHEREAS, plaintiffs filed the First Amended Shareholder Derivative Complaint ("FAC") in the Federal Action on March 6, 2007, the defendants and Apple moved to dismiss the FAC on April 20, 2007, and the Court granted defendants' motion to dismiss the FAC with leave to amend on November 19, 2007; WHEREAS, plaintiffs filed the Second Amended Shareholder Derivative Complaint ("SAC") on December 19, 2007; WHEREAS, the defendants moved to dismiss the SAC for failure to state a claim and on statute of limitations grounds, and Apple moved to dismiss the SAC on the grounds of demand futility on January 25, 2008; WHEREAS, on March 21, 2008, the day the motions to dismiss were scheduled to be heard, the parties informed the Court that they had reached a tentative settlement; WHEREAS, under Civil L.R. 7-4(b) for the United States District Court for the Northern District of California, Apple's memorandum of points and authorities in support of the joint motion for preliminary approval of the settlement may not exceed 25 pages of text, excluding indices and exhibits, unless the court orders otherwise; WHEREAS, the 147-page SAC consolidated 14 formerly separate complaints and states eight causes of action against Apple and 13 current and former officers and directors and the SAC raises complex issues under the federal securities laws and California law; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiffs and defendants, subject to the approval of the Court, as follows: 1. Given the complexity of the issues raised by the SAC, nominal defendant Apple

shall have ten (10) additional pages for its memorandum of points and authorities in support of the joint motion for preliminary approval, thereby increasing the page limit to a total of thirty (35) pages.

STIPULATION AND [PROPOSED] ORDER TO EXTEND PAGE LIMIT ON MOT. FOR PRELIM. APPROVAL OF SETTLEMENT ­ C-06-04128-JF

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STIPULATION AND [PROPOSED] ORDER TO EXTEND PAGE LIMIT ON MOT. FOR PRELIM. APPROVAL OF SETTLEMENT ­ C-06-04128-JF

Dated: September 4, 2008

O'MELVENY & MYERS LLP GEORGE A. RILEY (State Bar No. 118304) By: /s/ George A. Riley George A. Riley

Attorneys for Nominal Defendant APPLE INC. Dated: September 4, 2008 FARELLA BRAUN & MARTEL LLP DOUGLAS R. YOUNG (State Bar No. 73248) By: /s/ Douglas R. Young Douglas R. Young

Attorneys for Defendants WILLIAM V. CAMPBELL, TIMOTHY D. COOK, MILLARD S. DREXLER, STEVEN P. JOBS, RONALD B. JOHNSON, ARTHUR D. LEVINSON, MITCHELL MANDICH, PETER OPPENHEIMER, JONATHAN RUBINSTEIN, AVADIS TEVANIAN, JR., and JEROME B. YORK Dated: September 4, 2008 MUNGER, TOLLES & OLSON LLP JEROME C. ROTH (State Bar No. 159483) YOHANCE C. EDWARDS (State Bar No. 237244) By: /s/ Yohance C. Edwards Yohance C. Edwards

Attorneys for Defendant FRED D. ANDERSON Dated: September 4, 2008 HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN PC SARAH A. GOOD (State Bar No. 148742) JIN H. KIM (State Bar No. 208676) JASON M. HABERMEYER (State Bar No. 226607) By: /s/ Jin H. Kim Jin H. Kim

Attorneys for Defendant NANCY HEINEN

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Dated: September 4, 2008

COTCHETT, PITRE & McCARTHY MARK C. MOLUMPHY (State Bar No. 168009) By: /s/ Mark C. Molumphy Mark C. Molumphy

SHAWN A. WILLIAMS COUGHLIN, STOIA, GELLER, RUDMAN & ROBBINS, LLP LYNN L. SARKO ELIZABETH A. LELAND KELLER ROHRBACK LLP ERIC L. ZAGAR SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP Attorneys for Plaintiffs

I, George A. Riley, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order to Extend Page Limit on Nominal Defendant Apple Inc.'s Memorandum of Points and Authorities in Support of Joint Motion for Preliminary Approval of Derivative Settlement. In compliance with General Order 45, X.B., I hereby attest that Douglas R. Young, Yohance C. Edwards, Jin H. Kim, and Mark C. Molumphy have concurred in this filing. By: /s/ George A. Riley__________________ George A. Riley

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 5 DATED: September___, 2008

The Honorable Jeremy Fogel United States District Judge

STIPULATION AND [PROPOSED] ORDER TO EXTEND PAGE LIMIT ON MOT. FOR PRELIM. APPROVAL OF SETTLEMENT ­ C-06-04128-JF