REVISED NOTICE OF REQUEST TO SEAL DOCUMENTS SUBMITTED IN SUPPORT OF PLAINTIFF SMART MODULAR TECHNOLOGIES, INC.'S MOTION FOR PRELIMINARY INJUNCTION AND REPLY AND MOTION TO DISMISS AND REPLY AND NOTICE OF LODGING OF DOCUMENTS; ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

TO DEFENDANT AND ITS ATTORNEYS OF RECORD:

Per the request of the court clerk, SMART Modular Technologies, Inc. submits the following revised notice and proposed order.

PLEASE TAKE NOTICE THAT Plaintiff SMART Modular Technologies, Inc. requests that the Court seal permanently the following documents, currently lodged under seal, in support of its Motion for Preliminary Injunction and Reply:

This request is made pursuant to Local Rule 141 and the Stipulated Protective Order entered on November 2, 2012 (Docket No. 72) on the grounds that these documents and materials contain proprietary and confidential information and their dissemination to the public has the potential to harm SMART. SMART has designated portions of these documents as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY under the Stipulated Protective Order. Docket No. 72.

The request is based on this notice and request, the memorandum of points and authorities in support thereof, the Declaration Of Michael Rubino In Support Of Request To Seal Documents, the pleadings and papers lodged and on file in this action, the arguments of counsel, and any matters upon which the Court may or must take judicial notice.

The memorandum of points and authorities, the Declaration of Michael Rubino in Support Of Motion For Protective Order and Request To Seal Documents, and the documents that have been requested to be sealed were submitted to the Court via email and were served on Netlist's counsel, in accordance with Local Rule 141.

PLEASE TAKE NOTICE THAT that in addition to the documents identified above, SMART has lodged under seal documents and information that have been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY by Netlist:

The documents were submitted to the Court via email and were served on Netlist's counsel. Pursuant to the Court's order setting a procedure for sealing confidential information designated by the opposition party (Docket No. 101), Netlist, as the party designating the confidentiality of the documents, had seven days from the date of lodging to file with the Court and serve a declaration establishing that the designated information is sealable, and lodge a proposed sealing order, or must withdraw the designation of confidentiality.

PLEASE TAKE NOTICE THAT that SMART Modular Technologies, Inc. lodged under seal the following documents in support of SMART's Reply in Support of Its Motion to Dismiss that have been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY by Netlist:

The documents were submitted to the Court via email and were served on Netlist's counsel. Pursuant to the Court's order setting a procedure for sealing confidential information designated by the opposition party (Docket No. 101), Netlist, as the party designating the confidentiality of the documents, had seven days from the date of lodging to file with the Court and serve a declaration establishing that the designated information is sealable, and lodge a proposed sealing order, or must withdraw the designation of confidentiality.

ORDER

The Court, having considered the Requests to Seal Documents Submitted in Support of Plaintiff's Motion for Preliminary Injunction And Reply, and the Requests to Seal Documents Submitted in Support of Plaintiff's Motion to Dismiss, the pleadings and papers lodged and on file in this action, and good cause appearing therefor:

No person other than counsel in this action, this Court, and authorized Court personnel shall be authorized to inspect the sealed record.

IT IS SO ORDERED.