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`Case 4:19-cv-02033-YGR Document 408 Filed 09/08/23 Page 1 of 4
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`DANIEL J KRAMER (NY SBN: 1979392; Pro
`Hac Vice)
`dkramer@paulweiss.com
`AUDRA J SOLOWAY (NY SBN: 4113536;
`Pro Hac Vice)
`asoloway@paulweiss.com
`HARRIS FISCHMAN (NY SBN: 4380598;
`Pro Hac Vice )
`hfischman@paulweiss.com
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`Telephone: (212) 373-3503
`Facsimile: (212) 757-3990
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`JAMES N. KRAMER (SBN 154709)
`jkramer@orrick.com
`MICHAEL D. TORPEY (SBN 79424)
`mtorpey@orrick.com
`ALEXANDER K. TALARIDES (SBN 268068)
`atalarides@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`The Orrick Building
`405 Howard Street
`San Francisco, CA 94105-2669
`Telephone:
`+1 (415) 773-5700
`Facsimile:
`+1 (415) 773-5759
`
`MELINDA L. HAAG (SBN: 132612)
`mhaag@paulweiss.com
`WALTER F. BROWN JR. (SBN: 130248)
`wbrown@paulweiss.com
`MEREDITH R. DEARBORN (SBN: 268312)
`mdearborn@paulweiss.com
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`535 Mission Street. 24th Floor
`San Francisco, CA 94105
`Telephone: (628) 432-5100
`Facsimile: (628) 232-3101
`
`Attorneys for Defendants Apple Inc.,
`Timothy Cook, and Luca Maestri
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`[additional counsel appears on signature
`page]
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`OAKLAND DIVISION
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`IN RE APPLE INC. SECURITIES
`LITIGATION
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`This Document Relates to:
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`ALL ACTIONS.
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`Case No. 4:19-cv-02033-YGR
`CLASS ACTION
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`STIPULATION AND [PROPOSED]
`ORDER REGARDING DEADLINE TO
`COMPLY WITH ORDER RE DOCKET
`NOS. 372 AND 374
`Hon. Joseph C. Spero
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`STIPULATION AND [PROPOSED] ORDER
`CASE NO. 19-CV-02033-YGR
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`Case 4:19-cv-02033-YGR Document 408 Filed 09/08/23 Page 2 of 4
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`This Stipulation is entered into by and among Lead Plaintiff and Class Representative
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`Norfolk County Council as Administering Authority of the Norfolk Pension Fund (“Lead
`Plaintiff”) and Defendants Apple Inc. (“Apple”), Timothy Cook, and Luca Maestri (collectively
`“Defendants” and together with the Lead Plaintiff, the “Parties”), through their respective
`attorneys of record.
`WHEREAS, on August 25, 2023, this Court entered an Order addressing the parties’
`disputes relating to Defendants’ withholding of documents on the basis of attorney-client
`privilege (the “Order”) [Dkt. No. 403];
`WHEREAS, the Order set forth a deadline of September 11, 2023 for Apple to re-review
`the documents on its privilege log1 and produce to Lead Plaintiff: (i) any documents it finds to be
`non-privileged; (ii) for any documents which Apple continues to withhold, a detailed privilege
`log setting forth the grounds for the assertion of privilege; and (iii) supporting declarations of
`counsel as required, consistent with the guidance set forth in the Court’s August 3, 2022 Order
`and the August 25, 2023 Order;
`WHEREAS, with respect to 55 documents subject to Lead Plaintiff’s original challenge,
`the Order set a September 11, 2023 deadline for Defendants to produce certain documents (or
`portions thereof) that the Court reviewed in camera and found to be not privileged, to apply that
`same analysis to the remaining 55 challenged documents, and to supply to Lead Plaintiff
`evidence, including declarations of counsel, to support its continued withholding on the basis of
`privilege of any material that the Court found based on the current record to be non-privileged
`and has not specifically ordered produced;
`WHEREAS, in light of the volume of materials being reviewed in connection with the
`Order and Defendants’ unavailability due to travel and/or professional commitments the week of
`September 11, 2023, Defendants have requested an extension of the deadline set by the Order;
`WHEREAS, the District Court set a deadline of September 29, 2023 for the exchange of
`draft trial exhibit lists, witness lists, and other materials necessary for the District Court’s
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`Excepted from Apple’s re-review are (i) the 232 documents that were the subject of the Court’s August 3 Order,
`1
`(ii) the documents listed in footnote 2 of the Order, and (iii) documents that fall outside of the time period of
`September 15, 2018 through January 30, 2019.
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`- 1 -
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`STIPULATION AND [PROPOSED] ORDER
`Case No. 19-CV-02033-YGR
`
`

`

`Case 4:19-cv-02033-YGR Document 408 Filed 09/08/23 Page 3 of 4
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`management of the trial scheduled for May 6, 2024;
`WHEREAS, the parties have met and conferred and agreed to the following extension of
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`the September 11, 2023 deadline;
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`NOW THEREFORE, it is stipulated and agreed among the undersigned Parties, and
`respectfully submitted for the Court’s approval as follows:
`No later than September 11, 2023, Defendants shall produce to Lead Plaintiff all
`documents or portions of documents determined to be non-privileged pursuant to the Court’s in
`camera review or the application thereof, resolving the parties’ dispute as to the previously
`challenged 55 documents, as identified in Section III of the Order (see also Order at 27);
`No later than September 21, 2023, Defendants shall complete compliance with all other
`requirements of the Order.
`IT IS SO STIPULATED.
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`Dated: September 8, 2023
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`ORRICK, HERRINGTON & SUTCLIFFE LLP
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`
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`Dated: September 8, 2023
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`
` /s/ James N. Kramer
`JAMES N. KRAMER
`Attorneys for Defendants
`Apple Inc., Timothy Cook, and Luca Maestri
`
`
`ROBBINS GELLER RUDMAN & DOWD LLP
`
` /s/ Shawn A. Williams
`SHAWN A. WILLIAMS
`Counsel for Lead Plaintiff,
`Norfolk County Council as Administering
`Authority of the Norfolk Pension Fund
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`- 2 -
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`STIPULATION AND [PROPOSED] ORDER
`Case No. 19-CV-02033-YGR
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`

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`Case 4:19-cv-02033-YGR Document 408 Filed 09/08/23 Page 4 of 4
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`CIVIL L.R. 5-1 ATTESTATION
`Pursuant to Civil L.R. 5-1(i)(3), I, James N. Kramer, am the ECF user whose ID and
```
`password are being used to file this Stipulation and [Proposed] Order regarding Deadline to
`Comply with Order Re Docket Nos. 372 and 374. In compliance with General Order 45, X.B., I
`hereby attest that Shawn A. Williams has concurred in this filing.
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`
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`/s/ James N. Kramer
`JAMES N. KRAMER
`
`***
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`PURSUANT TO STIPULATION, IT IS SO ORDERED.
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`HONORABLE JOSEPH C. SPERO
` United States Magistrate Judge
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`- 3 -
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`STIPULATION AND [PROPOSED] ORDER
`Case No. 19-CV-02033-YGR
`
`
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`Dated: September 8, 2023
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