In re APPLE COMPUTER, INC., DERIVATIVE LITIGATION

Filing 231

ORDER GRANTING re 223 MOTION for Leave to File Under Seal. Signed by Judge Jeremy Fogel on 10/24/08. (dlm, COURT STAFF) (Filed on 10/27/2008)

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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. 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 [PROPOSED] ORDER GRANTING -----------------ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO LOCAL RULE 79-5 CERTAIN DOCUMENTS SUBMITTED IN SUPPORT OF NOMINAL DEFENDANT APPLE INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF DERIVATIVE SETTLEMENT Department: Ctrm. 3, 5th Floor Judge: Honorable Jeremy Fogel

[PROPOSED] ORDER GRANTING ADMIN. MOT. TO FILE UNDER SEAL ­ C-06-04128-JF

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Having considered nominal defendant Apple Inc.'s Administrative Motion for Leave to File Under Seal Pursuant to Local Rule 79-5 Certain Documents Submitted in Support of Nominal Defendant Apple Inc.'s Memorandum of Points and Authorities in Support of Final Approval of Derivative Settlement and all other supporting and opposing arguments and papers, and finding good cause, IT IS HEREBY ORDERED: Pursuant to Civil Local Rule 79-5, Apple Inc.'s Administrative Motion for Leave to File Under Seal Pursuant to Local Rule 79-5 Certain Documents Submitted in Support of Nominal Defendant Apple Inc.'s Memorandum of Points and Authorities in Support of Final Approval of Derivative Settlement: (a) the unredacted Amended Shareholder Derivative Complaint filed in the

action titled Boston Retirement Board v. Jobs, et al., Case No. 108CV110403 (Santa Clara County Superior Court), and the entirety of Exhibits 2-7, 9-15, 17-19, 21 and 23 thereto (attached as Exhibit 1 to the Declaration of Robert D. Tronnes in Support of Nominal Defendant Apple Inc.'s Memorandum of Points and Authorities in Support of Final Approval of Derivative Settlement), is GRANTED, and the aforementioned documents will be filed under seal.

10/24/08 Dated: ___________________ The Honorable Jeremy Fogel United States District Judge
MP1:1027458.1

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[PROPOSED] ORDER GRANTING ADMIN. MOT. TO FILE UNDER SEAL ­ C-06-04128-JF