In re APPLE COMPUTER, INC., DERIVATIVE LITIGATION

Filing 245

ORDER GRANTING 244 JOINT MOTION FOR ORDER SEALING PORTIONS OF OBJECTION SUBMITTED TO THE COURT. Signed by Judge Jeremy Fogel on 10/30/08. (jflc2, COURT STAFF) (Filed on 10/30/2008)

**E-Filed 10/30/08**
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JOSEPH W. COTCHETT (#36324) [e-mail] PHILIP L. GREGORY (SBN 95217) [e-mail] MARK C. MOLUMPHY (#168009) [e-mail] LAURA E. SCHLICHTMANN (#169699) [e-mail] SEAN E. PONIST (#204712) [e-mail] COTCHETT, PITRE & McCARTHY 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Fax: [phone] Plaintiffs' Liaison Counsel [See Additional Counsel on Signature Page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Master File No. C-06-4128-JF In re APPLE COMPUTER, INC. DERIVATIVE LITIGATION This Document Relates to: ALL ACTIONS. JOINT MOTION FOR ORDER SEALING PORTIONS OF OBJECTION SUBMITTED TO -----------------THE COURT; [PROPOSED] ORDER Courtroom 3, 5th Floor Hon. Jeremy Fogel

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JOINT MOTION FOR ORDER SEALING PORTIONS OF OBJECTION SUBMITTED TO THE COURT; PROPOSED ORDER

CO TCH ETT, P IT R E , & M CCARTH Y

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Earlier today, the Court issued an Order (Docket No. 239) noting that it had received an objection, dated October 14, 2008, containing confidential information. The Order directed the Clerk to file the last page of the objection under seal. Plaintiffs and Nominal Defendant Apple Inc. ("Apple") have determined that the same objection, from Veronica Morrissette, including the final page of confidential information, was attached as an exhibit to declarations filed both by Plaintiffs and Apple in support of final approval of the proposed settlement. See, Declaration of Mark C. Molumphy, Exhibit G, filed on October 23, 2008 (Docket No. 222-9 at Page 7 of 7) and Declaration of Vivi Tran, Exhibit 13, filed on October 23, 2008 (Docket No. 226-5 at Page 12 of 23). Accordingly, Plaintiffs and Apple jointly request the Court to enter an order directing the Clerk to seal the identified pages of Docket Nos. 222-9 and 226-5. Dated: October 29, 2008 COTCHETT, PITRE & McCARTHY By: /s/ Mark C. Molumphy (#168009) San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Facsimile: [phone] Plaintiffs' Liaison Counsel

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Dated: October 29, 2008
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O'MELVENY & MYERS LLP By: /s/ George A. Riley (#118304) Embarcadero Center West 275 Battery Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Nominal Defendant, Apple Inc.

I, Mark C. Molumphy, am the ECF user whose ID and password is being used to file this Stipulation. In compliance with General Order 45, X, B., I hereby attest that George A. Riley has concurred with this filing.

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JOINT MOTION FOR ORDER SEALING PORTIONS OF OBJECTION SUBMITTED TO THE COURT; PROPOSED ORDER

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ORDER IT IS SO ORDERED. 10/30/08 Dated: _____________. _______________________________ HON. JEREMY FOGEL UNITED STATES DISTRICT JUDGE

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JOINT MOTION FOR ORDER SEALING PORTIONS OF OBJECTION SUBMITTED TO THE COURT; PROPOSED ORDER

CO TCH ETT, P IT R E , & M CCARTH Y

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