SCANNED ON 61512009

At Ex Parte Motion Term of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse Centre Street, New York, on the 2009. P R E S E N T: HONORABLE

, Justice.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of Apple Inc. for an Order for the Production of Documents by

Index No. 10789?/09

- Martin Halpern
in an action pending in the Superior Court of the State of California, County of Santa Clara.

ORDER PURSUANT TO CPLR 3102(e)

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An Application having been filed by Apple Inc. for the production of doG&BF@s: < ,
by Martin Halpern, pursuant to a Commission issued by the Clerk of the Superior Court of California, County of Santa Clara, on June 2,2009; Now, upon the affidavit of Jessica L. Bengels, sworn to on June 3,2009, together with the Commission, dated June 2,2009, and it appearing that the production of documents is necessary and proper, it is hereby ORDERED, pursuant to CPLR 3 102(e), that a Subpoena Duces Tecum be issued directing Martin Halpern to produce requested documents on June

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9:30 AM at the offices of David Bacharach, 8 Heritage Drive, Suite D, New City, New York, 10956, with regard to evidence material and necessary to the defense of the action entitled Jack Branning, et al. v. Apple Computer, Inc.. et al. (Case No. 1-05-CV-045719), such action commenced and pending in the Superior Court of the State of California, County of Santa Clara, and it is further ORDERED, that notice of the time and place of said production of documents be served upon the above-named witness by personally serving upon him a Subpoena Duces Tecum, together with a copy of this order, and the papers on which it is based, on or before June 1 , 2 0 0 9 ; and it is further ORDERED, that a copy of this order, the papers on which it is based, and the Subpoenas Duces Tecum, be mailed and/or faxed to the respective attorneys in the California action on or before June

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