"If Apple thinks the lawsuit is a waste of resources it could simply end the matter by complying with existing law and filing a new proxy that unbundles the proposed changes to the charter so that shareholders can express their views on each matter separately," a Greenlight spokesperson said in a statement.
Cook is looking after himself first. He has sided with GS and that will make him very rich when he finally unwinds his stock options down the road ( 2-3 years) he can afford to wait. Apple is going through a reorganization that wants most of the cash standby. It was all set up a year ago and we are just now finding out on a piecemeal basis as GS profits trading AAPL on the way down. Hopefully the judge forces them to comply with existent Law and unbundle, let shareholders decide.