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10 UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

12 IN RE: BOFI HOLDING, INC. ) Case No. 15cv2722 GPC (KSC) 13 SHAREHOLDER LITIGATION ) 14 _______________________________ ) Order Granting Plaintiff’s Motion for ) Leave to File Under Seal Portions of 15 This document relates to: ) the Memorandum in Opposition to ) Defendants’ Motion to Dismiss the 16 ALL ACTIONS. ) Third Amended Complaint 17 ) 18

19 20 21 22 23 24 25 26 27 1 Before the Court is plaintiffs motion for leave to file under seal certain 2 portions of his memorandum (the “Memorandum” in opposition to defendants’ 3 |}motion to dismiss his Third Amended Consolidated Shareholder Derivative 4 ||Complaint (the “Complaint”’). Having considered the motion, and good cause 5 appearing, the Court concludes that a compelling reason exists to permit portions of 6 || plaintiffs Memorandum to be filed under seal and in redacted form, because 7 || (a) these portions contain information that nominal defendant Bofl Holding, Inc. 8 ||(Bofl”) believes to be non-public, confidential, proprietary, or commercially 9 ||/sensitive; (b) such information is subject to a confidentiality agreement between 10 || plaintiff and Bofl; and (c) these portions contain the same information that is subject 11 |/to the Court’s January 5, 2024 order (Dkt. No. 177) sealing portions of the 12 ||Complaint. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 9th Cir. 13 || 2006); Philips v. GMC, 307 F.3d 1206, 1211 Oth Cir. 2002). 14 Accordingly, the Court grants the motion and orders that: 15 (1) under Civil Local Rule 79.2(c), the Memorandum be filed under seal; 16 and 17 (2) the Clerk of the Court shall accept and file under seal the unredacted 18 copy of the Memorandum. 19 |)Dated: May 13, 2025 7 sale As ( 2° Hon. Gonzalo P. Curiel 21 United States District Judge 22 23 24 25 26 27 28