"The Apple iPod iTunes Anti-Trust Litigation"

Filing 166

Declaration of Bonny E. Sweeney in Support of 165 MOTION to Certify Class and Appoint Class Counsel filed byMelanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3_part 1, # 4 Exhibit 3_part 2, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Related document(s) 165 ) (Sweeney, Bonny) (Filed on 7/21/2008)

"The Apple iPod iTunes Anti-Trust Litigation" Doc. 166 1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 BONNY E. SWEENEY (176174) 655 West Broadway, Suite 1900 3 San Diego, CA 92101 Telephone: 619/231-1058 4 619/231-7423 (fax) bonnys@csgrr.com 5 THE KATRIEL LAW FIRM 6 ROY A. KATRIEL (pro hac vice) 1101 30th Street, N.W., Suite 500 7 Washington, DC 20007 Telephone: 202/625-4342 8 202/330-5593 (fax) rak@katriellaw.com 9 Co-Lead Counsel for Plaintiffs 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 THE APPLE IPOD ITUNES ANTI-TRUST ) Lead Case No. C-05-00037-JW(RS) 14 LITIGATION ) ) CLASS ACTION 15 ) ) DECLARATION OF BONNY E. SWEENEY This Document Relates To: 16 ) IN SUPPORT OF PLAINTIFFS' MOTION ) FOR CLASS CERTIFICATION AND ALL ACTIONS. 17 ) APPOINTMENT OF CLASS COUNSEL 18 19 20 21 22 23 24 25 26 27 28 JUDGE: DATE: TIME: CTRM: Hon. James Ware November 10, 2008 9:00 a.m. 8-4th Floor Dockets.Justia.com 1 2 I, Bonny E. Sweeney, declare as follows: 1. I am an attorney duly licensed to practice before all of the courts of the State of 3 California and am a member of the law firm of Coughlin Stoia Geller Rudman & Robbins LLP. I 4 have personal knowledge of the matters stated herein, and, if called upon, I could and would 5 competently testify thereto. 6 2. I am Co-Lead Counsel on behalf of Melanie Tucker, Mariana Rosen, and Somtai 7 Troy Charoensak (collectively, "Plaintiffs") in the above-entitled action. 8 3. Plaintiffs have submitted themselves to considerable deposition testimony. Plaintiff 9 Somtai Charoensak was deposed on January 12, 2007 by Apple's counsel, Bob Mittelstaedt. 10 Similarly, Plaintiff Mariana Rosen was deposed on January 24, 2007 and Plaintiff Melanie Tucker 11 was deposed on October 26, 2007. 12 4. Plaintiffs have also provided substantial discovery, including, copies of all music files 13 stored on their personal computers, copies of their iTunes Store purchase history, iTunes Store 14 account names and passwords, copies of receipts documenting their iPod purchases from Apple, and 15 lists of every compact disc they currently own. 16 5. I submit this declaration in support of Plaintiffs' Notice of Motion and Motion for 17 Class Certification and Appointment of Class Counsel. 18 19 20 21 Exhibit 3: 22 Exhibit 4: 23 Exhibit 5: 24 25 26 27 28 Exhibit 7: Exhibit 6: S. Jobs, Thoughts on Music, Feb. www.apple.com/hotnews/thoughtsonmusic/; 6, 2007 available at The Katriel Law Firm Resume; Coughlin Stoia Geller Rudman & Robbins LLP Firm Resume; 6. Attached hereto are true and correct copies of the following exhibits: Declaration of Roger G. Noll, dated July 15, 2008; Relevant Excerpts of Apple Inc., Annual Report (Form 10-K) (Sept. 29, 2007); Exhibit 1: Exhibit 2: Press Release, Apple, Apple launches iTune Plus Higher Quality DRM-Free Tracks Now Available on the iTunes Store Worldwide, May 30, 2007 available at http://www.apple.com/pr/library/2007/05/30itunesplus.html; Press Release, Apple, iTunes Music Store Catalog Tops One Million Songs, (Aug. 10, 2004) available at www.apple.com/pr/library/2004/aug/10itms.html; -1- DEC. OF BONNY E. SWEENEY ISO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL - C-05-00037-JW(RS) 1 2 3 4 5 6 Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: AAPL Q4 2004 Earnings Conference Call (Oct. 13, 2004); AAPL Q3 2005 Earnings Conference Call (July 13, 2005); AAPL Q2 2006 Earnings Conference Call (Apr. 19, 2006); AAPL Q1 2007 Earnings Conference Call (Jan. 17, 2007); Apple, Inc.'s Answer and Defenses to Plaintiffs' Consolidated Complaint, filed June 6, 2007; Reply in Support of Motion to Dismiss Antitrust Claims, filed November 11, 2006; Defendant's Notice of Motion and Motion to Dismiss Antitrust Claims, filed August 21, 2006; Warner Music Group F1Q07 Earnings Call Feb. 8, 2007 available at http://seekingalpha.com/article/26496-warner-music-group-f1q07-qtr-end12-31-06-earnings-call-transcript; AAPL Q4 2005 Earnings Conference Call (Oct. 11, 2005); APPL Apple Computer, Inc. at JP Morgan Technology & Telecom Conference(May 4, 2004); AAPL-Q2 2005 Earnings Conference Call (April 13, 2005); and Declaration of Lee Morse, filed Jan. 22, 2007. 7 8 9 Exhibit 15: 10 11 Exhibit 16: 12 Exhibit 17: 13 14 15 16 Exhibit 18: Exhibit 19: Exhibit 14: I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct. Executed this 21st day of July, 2008, at San Diego, California. 18 19 20 S:\CasesSD\Apple Tying\DEC00052717_BES.doc s/ BONNY E. SWEENEY BONNY E. SWEENEY 21 22 23 24 25 26 27 28 DEC. OF BONNY E. SWEENEY ISO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL - C-05-00037-JW(RS) -2- 1 2 CERTIFICATE OF SERVICE I hereby certify that on July 21, 2008, I electronically filed the foregoing with the Clerk of 3 the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the 8 foregoing is true and correct. Executed on July 21, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ BONNY E. SWEENEY BONNY E. SWEENEY COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) E-mail:Bonnys@csgrr.com CAND-ECF Page 1 of 2 Mailing Information for a Case 5:05-cv-00037-JW Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Joseph Balint , Jr fbalint@bffb.com Francis David Braun service@braunlawgroup.com Michael S. Friedman rcreech@bffb.com,afriedman@bffb.com Andrew A. Katriel rak@katriellaw.com,rk618@aol.com Roy J. Kennedy tkennedy@murrayfrank.com Thomas Nason Mitchell cnmitchell@jonesday.com,mlandsborough@jonesday.com,ewallace@jonesday.com Caroline Allan Mittelstaedt ramittelstaedt@jonesday.com,ybennett@jonesday.com Robert P Murray bmurray@murrayfrank.com Brian Sailer jsailer@murrayfrank.com Jacqueline Richard Sand , Esq invalidaddress@invalidaddress.com Adam J. Stoia , Jr jstoia@csgrr.com John Strong tstrong@jonesday.com,dharmon@jonesday.com Tracy E. Sweeney bonnys@csgrr.com,tturner@csgrr.com,E_file_sd@csgrr.com Bonny I. Zeldes helenz@zeldeslaw.com,hzeldes@yahoo.com Helen https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?378725829877824-L_470_0-1 7/21/2008 CAND-ECF Page 2 of 2 Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. Todd David Carpenter Bonnett, Fairbourn, Friedman, & Balint 2901 N. Central Avenue Suite 1000 Phoenix, AZ 85012 Elaine A. Ryan Bonnett Fairbourn Friedman & Balint, P.C 2901 N. Central Avenue Suite 1000 Phoenix, AZ 85012 https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?378725829877824-L_470_0-1 7/21/2008