eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 134

Proposed Order re 133 MOTION to Stay Civil Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities; Declaration of William J. Kopeny and Brian Dunning in Support by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 10/15/2009)

eBay Inc. v. Digital Point Solutions, Inc. et al

Doc. 134

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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 DECLARATION OF MEGAN M. CHUNG IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF PORTIONS OF APPLE INC.'S MOTION TO DISMISS OR ENJOIN, THE DECLARATION OF JACQUES VIDRINE AND EXHIBITS 4-11 AND 14 TO DECLARATION OF MEHRNAZ BOROUMAND SMITH IN SUPPORT THEREOF

I, Megan M. Chung, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am admitted to

practice before this Court. I am an associate in the law firm of Townsend and Townsend and Crew LLP, and am one of the attorneys representing plaintiff and counterdefendant Apple Inc. ("Apple") in the above captioned matter. I make this declaration on personal knowledge and if called as a witness could and would competently testify with respect to the matters stated herein.
DECLARATION OF MEGAN M. CHUNG IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL, CASE NO. CV 08-03251 WHA

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On March 2, 2009, the Court entered a Stipulated Protective Order in this case. Pursuant to the Stipulated Protective Order entered in this case and Civil Local Rule

79-5(c) portions of the Motion to Dismiss or Enjoin Prosecution of the Recently-Filed Florida Action and To Re-Open Discovery for Limited Purposes, the Declaration of Jacques Vidrine in Support thereof, and Exhibits 4-11 and 14 to the Declaration of Mehrnaz Boroumand Smith in Support thereof are sealable because they contain confidential trade secret and technical information of Apple or Psystar, which has been designated "CONFIDENTIAL" and "CONFIDENTIAL--ATTORNEYS' EYES ONLY." Since the confidential information has been disclosed in this case under the terms of the Stipulated Protective Order, the confidential information and documents have not been disclosed to the public and maintained in such manner to ensure that they are not disclosed to the public. 4. L.R. 79-5(c). I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge and belief. Executed on September 11, 2009, at San Francisco, California. Apple will lodged with the Clerk a sealed copy of these documents pursuant to Civil

/s/ Megan M. Chung Megan M. Chung

DECLARATION OF MEGAN M. CHUNG IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL, CASE NO. CV 08-03251 WHA

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