"The Apple iPod iTunes Anti-Trust Litigation"

Filing 242

Declaration of Michael Scott in Support of 240 MOTION for Decertification of Rule 23(B)(3) Class filed by Apple Inc.. (Attachments: # 1 Exhibit 1-2)(Related document(s) 240 ) (Scott, Michael) (Filed on 8/31/2009) Modified on 9/1/2009 (cv, COURT STAFF).

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"The Apple iPod iTunes Anti-Trust Litigation" Doc. 242 Case5:05-cv-00037-JW Document242 Filed08/31/09 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert A. Mittelstaedt #60359 ramittelstaedt@jonesday.com Craig E. Stewart #129530 cestewart@jonesday.com Michael Scott #255282 michaelscott@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION Case No. C-05-00037-JW C-06-04457 JW DECLARATION OF MICHAEL SCOTT IN SUPPORT OF DEFENDANT'S MOTION FOR DECERTIFICATION OF RULE 23(B)(3) CLASS Date: October 5, 2009 Time: 9:00 a.m. Place: Courtroom 8, 4th floor Scott Decl ISO Def's Motion for Decert. of Damages Class C-05-00037-JW C 06-04457JW Dockets.Justia.com Case5:05-cv-00037-JW Document242 Filed08/31/09 Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Michael Scott, declare as follows: I am an associate in the law firm of Jones Day, located at 555 California Street, 26th Floor, San Francisco, CA 94104. I am a member in good standing of the State Bar of California (#255282) and represent Apple Inc. in this case. I make this declaration in support of Apple's Motion for Decertification of Rule 23(B)(3) Class. I have personal knowledge of the facts set forth herein and, if called as a witness, I could and would testify competently thereto. 1. Attached hereto as Exhibit 1 is a true and correct copy of transcript excerpts of the deposition of Gary French, taken in this matter on April 3, 2009. 2. Attached hereto as Exhibit 2 is a true and correct copy of transcript excerpts of the deposition of Roger Noll, taken in this matter on September 19, 2008. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed August 31, 2009 in San Francisco, California. /s/ Michael Scott Michael Scott SFI-617898v1 Scott Decl ISO Def's Motion for Decert. of Damages Class C-05-00037-JW C 06-04457JW