A hearing on Einhorn's motion for an injunction against the Feb. 27 vote on the proxy proposal is set for Tuesday. A spokesman for Apple declined comment. Greenlight sued Apple last week as part of Einhorn's larger effort to have the iPhone maker share more of its $137 billion in cash with investors. As part of that goal, Einhorn has pushed for Apple to issue to its shareholders perpetual preferred stock with a 4 percent dividend.