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[PROPOSED] ORDER GRANTING SCHWAB’S MOTION TO FILE UNDER SEAL

No. 08-cv-01510 WHA

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

IN RE CHARLES SCHWAB CORP. 

SECURITIES LITIGATION

Master File No. C-08-01510-WHA

CLASS ACTION

[PROPOSED] ORDER GRANTING 

SCHWAB’S MOTION TO FILE 

UNDER SEAL 

Judge: Hon. William H. Alsup

Trial Date: May 10, 2010

Case 3:08-cv-01510-WHA Document 686 Filed 04/23/10 Page 1 of 4
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[PROPOSED] ORDER GRANTING SCHWAB’S MOTION TO FILE UNDER SEAL

No. 08-cv-01510 WHA 1

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As set forth below, on April 19, 2010, Schwab filed an administrative motion to seal 

certain materials filed in connection with the parties’ pre-trial filings (“Administrative Motion”).

Schwab’s Motion in Limine No. 6 and Taylor Declaration

Schwab’s Administrative Motion seeks to seal certain materials filed in connection with 

Schwab’s Motion In Limine No. 6 Re Evidence of Alleged Mismanagement (“MIL No. 6”). Schwab moved to seal Exhibit G of the Declaration of Kimberly Taylor in support of MIL No. 6, portions of MIL No. 6 which quote this exhibit, and two sentences that disclose the details of 

personnel terminations.

In support of its administrative motion to seal, Schwab has filed a declaration attesting to

the confidentiality of these materials which the parties have either redacted or filed under seal in 

their entirety. 

The Court finds that Schwab has an interest in maintaining the confidentiality of non- public and proprietary business information. The Court finds that individuals have a privacy 

interest in the personnel information. The information reflected in Exhibit G to the Taylor 

Declaration, the corresponding portions of MIL No. 6, and the two sentences redacted on page 

four of the motion are non-public and competitively sensitive to Schwab or contain private 

information regarding personnel decisions. It is hereby ordered that exhibit G of the Taylor declaration and the corresponding 

portions of MIL No. 6 that have been redacted shall remain SEALED. 

Berman Declaration in Opposition to Schwab’s MILs and Daubert Motions

Schwab’s Administrative Motion also seeks to seal four exhibits filed with Plaintiffs’ 

Declaration of Steve W. Berman In Opposition to Defendants’ Motions In Limine and Daubert 

Motions (“Berman Declaration”). Schwab moved to seal Exhibits 1, 3, 4, and 5 of the Berman 

Declaration as well as those portions of Plaintiffs’ Opposition to Schwab’s Motion in Limine 

No. 6 Re Evidence of Alleged Mismanagement (“Plaintiffs’ Opposition to MIL No. 6”) and 

Plaintiffs’ Opposition to Schwab’s Motion In Limine No. 4 to Exclude Evidence of Falsity Based 

on Concentration in Corporate Financial Bonds (“Plaintiffs’ Opposition to MIL No. 4”) which 

quote these exhibits. 

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[PROPOSED] ORDER GRANTING SCHWAB’S MOTION TO FILE UNDER SEAL No. 08-cv-01510 WHA 2

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In support of its administrative motion to seal, Schwab has filed a declaration attesting to 

the confidentiality of these materials which Schwab has either redacted or filed under seal in their 

entirety. The information reflected in Exhibits 1, 3, 4, and 5 to the Berman Declaration, and the 

corresponding portions of Plaintiffs’ Opposition to MIL No. 4 and Plaintiffs’ Opposition to MIL 

No. 6 that Schwab has redacted, are non-public and competitively sensitive to Schwab. 

The Court finds that Schwab has an interest in maintaining the confidentiality of non- public and proprietary business information. 

It is hereby ordered that Exhibits 1, 3, 4, and 5 to the Berman Declaration, and the 

corresponding redacted portions of Plaintiffs’ Opposition to MIL No. 4 and Plaintiffs’ Opposition 

to MIL No. 6 shall remain SEALED.

Plaintiffs’ Opposition to Schwab’s Daubert Motions

Schwab’s Administrative Motion also seeks to seal information quoted in Plaintiffs’ 

Opposition to Motion to Exclude Portion of the Testimony of H. Gifford Fong (“Opposition to 

Daubert Motion”). The Court has previously sealed this information. In support of its 

Administrative Motion, Schwab has filed a declaration attesting to the confidentiality of these 

previously sealed materials.

The Court finds that Schwab has an interest in maintaining the confidentiality of non- public and proprietary business information. The information reflected in Plaintiffs’ Opposition 

to Daubert Motion is non-public and competitively sensitive to Schwab. 

It is hereby ordered that the previously sealed material quoted in Plaintiffs’ Opposition to 

Daubert Motion shall remain SEALED. 

Plaintiffs’ Opposition to Daifotis’s Motion in Limine

Schwab’s Administrative Motion also seeks to seal material quoted in Plaintiffs’ 

Opposition to Daifotis’ Motion in Limine No. 1 to Exclude Evidence of Statements to the General 

Public and Pre-Investment Contact with Moneta Financial and TCI (“Plaintiffs’ Opposition to 

Daifotis’s MIL No. 1”). In support of its Administrative Motion, Schwab has filed a declaration attesting to the 

confidentiality of these previously sealed materials which the parties have redacted.

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[PROPOSED] ORDER GRANTING SCHWAB’S MOTION TO FILE UNDER SEAL No. 08-cv-01510 WHA 3

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The Court finds that Schwab has an interest in maintaining the confidentiality of non- public and proprietary business information. The information reflected in Plaintiffs’ Opposition 

Daifotis’ MIL No. 1 reflects non-public competitively sensitive information as well as non-public 

personal information. 

It is hereby ordered that the previously sealed material quoted in Plaintiffs’ Opposition to 

Daubert Motion shall remain SEALED. 

It is hereby ordered that the redacted portions of Plaintiffs’ Opposition to Daifotis’s MIL 

No. 1 shall remain SEALED. 

IT IS SO ORDERED.

DATED: _________________, 2010

HONORABLE WILLIAM H. ALSUP

UNITED STATES DISTRICT COURT JUDGE

April 23

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-01510-WHA Document 686 Filed 04/23/10 Page 4 of 4