In Re: B of I Holding, Inc. Shareholder Litigation

Opinion

SOUTHERN DISTRICT OF CALIFORNIA IN RE: BOFI HOLDING, INC. ) Case No. 15cv2722 GPC (KSC) _______________________________ ) Order Granting Plaintiff’s Motion for ) Leave to File Under Seal Portions of This document relates to: ) the Memorandum in Opposition to ) Defendants’ Motion to Dismiss the ALL ACTIONS. ) Third Amended Complaint )

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