Opinion
Robert A. Sacks (SBN 150146), (sacksr@sullcrom.com), Sullivan & Cromwell LLP, Los Angeles, California.
Brendan P. Cullen (SBN 194057), (cullenb@sullcrom.com), Scott C. Hall (SBN 232492), (halls@sullcrom.com), Sverker K. Högberg (SBN 244640), (hogbergs@sullcrom.com), Nathaniel L. Green (SBN 260568), (greenn@sullcrom.com), SULLIVAN & CROMWELL LLP, Palo Alto, California, Attorneys for Defendants Verifone Holdings, Inc., Douglas G. Bergeron, James C. Castle, Leslie G. Denend, Alex W. (Pete) Hart, Robert B. Henske, Eitan Raff, Charles R. Rinehart, Collin E. Roche, Craig A. Bondy and Barry Zwarenstein.
Patrick D. Robbins (SBN 152288), Shearman & Sterling LLP, San Francisco, California, Attorney for Individual Defendant, Paul Periolat.
Arthur L. Shingler III (SBN 181719), Scott + Scott LLP, San Diego, CA.
Scott + Scott LLP, David R. Scott, Colchester, CT.
Walter W. Noss, Geoffrey M. Johnson, Cleveland Heights, OH,
Judith Scolnick, New York, NY, Attorneys for Lead Plaintiff, Charles R. King.
JOINT ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO FILE UNDER SEAL REDACTED PORTIONS OF NOMINAL DEFENDANT'S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT
MARILYN H. PATEL, District Judge.
Pursuant to Local Rules 7-11, 7-12, and 79-5, Nominal Defendant VeriFone Holdings, Inc. ("VeriFone"), the Individual Defendants, and Plaintiff respectfully submit this Joint Administrative Motion and request that the Court allow VeriFone to file under seal the redacted portions of its Reply Brief in Support of Motion to Dismiss Plaintiff's Second Amended Consolidated Shareholder Derivative Complaint (the "Reply Brief"). The relief requested in this Administrative Motion is narrowly tailored and supported by the accompanying declaration and the following:
WHEREAS, pursuant to the terms of a Confidentiality Agreement entered into by the parties on August 6, 2009, Plaintiff and Nominal Defendant requested that the Court allow Plaintiff to file his Second Amended Consolidated Shareholder Derivative Complaint (the "Complaint") under seal, which request the Court granted on December 9, 2009;
WHEREAS, the redacted portions of the Reply Brief address the same confidential issues raised in the Complaint;
WHEREAS, the parties have consulted and agreed that the redacted portions of the Reply Brief should be filed under seal pursuant to the Confidentiality Agreement;
NOW, THEREFORE, IT IS HEREBY RESPECTFULLY REQUESTED by Nominal Defendant, by and through its counsel, Individual Defendants, by and through their respective counsel, and Plaintiff, by and through his counsel, that the redacted portions of the Reply Brief be filed under seal on April 15, 2010.
I, Brendan P. Cullen, am the ECF User whose ID and password are being used to file this JOINT ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO FILE UNDER SEAL NOMINAL DEFENDANT'S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT. In compliance with General Order 45, X.B., I hereby attest that the other signatories listed have concurred in this filing.
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ORDER
THE FOREGOING JOINT MOTION IS APPROVED AND IS SO ORDERED. A full redacted reply brief shall be filed in the public record.