"The Apple iPod iTunes Anti-Trust Litigation"

Filing 576

Declaration of Alexandra S. Bernay in Support of 575 Response ( Non Motion ), Response ( Non Motion ) Declaration of Alexandra S. Bernay in Support of Plaintiffs Opposition to Apples Objections to Plaintiffs Evidence Filed in Support of Reply in Support of Plaintiffs Renewed Motion for Class Certification filed byMelanie Tucker. (Attachments: # 1 Exhibit 1-30 [Redacted])(Related document(s) 575 ) (Bernay, Alexandra) (Filed on 4/11/2011)

1 ROBBINS GELLER RUDMAN & DOWD LLP 2 JOHN J. STOIA, JR. (141757) BONNY E. SWEENEY (176174) 3 THOMAS R. MERRICK (177987) ALEXANDRA S. BERNAY (211068) 4 CARMEN A. MEDICI (248417) 655 West Broadway, Suite 1900 5 San Diego, CA 92101 Telephone: 619/231-1058 6 619/231-7423 (fax) johns@rgrdlaw.com 7 bonnys@rgrdlaw.com tmerrick@rgrdlaw.com 8 xanb@rgrdlaw.com cmedici@rgrdlaw.com 9 THE KATRIEL LAW FIRM 10 ROY A. KATRIEL (pro hac vice) 1101 30th Street, N.W., Suite 500 11 Washington, DC 20007 Telephone: 202/625-4342 12 202/330-5593 (fax) rak@katriellaw.com 13 Co-Lead Counsel for Plaintiffs 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 THE APPLE IPOD ITUNES ANTI-TRUST ) Lead Case No. C-05-00037-JW(HRL) ) 18 LITIGATION ) CLASS ACTION 19 ) ) DECLARATION OF ALEXANDRA S. This Document Relates To: 20 ) BERNAY IN SUPPORT OF PLAINTIFFS’ ) OPPOSITION TO APPLE’S OBJECTIONS ALL ACTIONS. 21 ) TO PLAINTIFFS’ EVIDENCE FILED IN SUPPORT OF REPLY IN SUPPORT OF 22 PLAINTIFFS’ RENEWED MOTION FOR CLASS CERTIFICATION 23 JUDGE: Hon. James Ware 24 DATE: April 18, 2011 TIME: 9:00 a.m. 25 CTRM: 8, 4th Floor 26 [EXHIBITS 1-30 FILED UNDER SEAL] 27 28 618078_1 1 I, ALEXANDRA S. BERNAY, declare as follows: 2 1. I am an attorney duly licensed to practice before all of the courts of the State of 3 California. I am an associate at the law firm Robbins Geller Rudman & Dowd LLP, Co-Lead 4 Counsel of record for Plaintiffs Melanie Tucker, Mariana Rosen and Somtai Troy Charoensak 5 (collectively, “Plaintiffs”) in this action. I have personal knowledge of the matters stated herein, 6 and, if called upon, I could and would competently testify thereto. 7 2. I submit this Declaration in Support of Plaintiffs’ Opposition to Apple’s Objections to 8 Plaintiffs’ Evidence Filed in Support of Reply in Support of Plaintiffs’ Renewed Motion for Class 9 Certification. 10 3. Attached hereto are true and correct copies of the following exhibits: Exhibit 1: Email between counsel, dated February 26, 2010 [filed under seal]; Exhibit 2: Email between counsel, dated October 15, 2009 [filed under seal]; Exhibit 3: Letter between counsel, dated October 13, 2009 [filed under seal]; 15 Exhibit 4: Letter between counsel, dated October 19, 2009 [filed under seal]; 16 Exhibit 5: Email between counsel, dated March 18, 2010 [filed under seal]; Exhibit 6: Letter between counsel, dated July 15, 2010 [filed under seal]; 19 Exhibit 7: Letter between counsel, dated November 11, 2009 [filed under seal]; 20 Exhibit 8: Email between counsel, dated December 11, 2010 [filed under seal]; Exhibit 9: Letter between counsel, dated September 20, 2010 [filed under seal]; Exhibit 10: Letter between counsel, dated December 14, 2010 [filed under seal]; Exhibit 11: Email between counsel, dated December 17, 2010 [filed under seal]; Exhibit 12: Email between counsel, dated January 6, 2011 [filed under seal]; Exhibit 13: Email between counsel, dated January 4, 2011 [filed under seal]; 11 12 13 14 17 18 21 22 23 24 25 26 27 28 618078_1 DEC OF ALEXANDRA S. BERNAY ISO PLTFS’ OPPO TO APPLE’S OBJECTIONS TO PLTFS’ EVIDENCE FILED ISO REPLY ISO PLTFS’ RENEWED MOT FOR CC - C-05-00037-JW(HRL) -1- Exhibit 14: Email between counsel, dated January 25, 2011 [filed under seal]; Exhibit 15: Email between counsel, dated February 9, 2011 [filed under seal]; Exhibit 16: Email between counsel, dated February 14, 2011 [filed under seal]; 5 Exhibit 17: Email between counsel, dated February 20, 2011 [filed under seal]; 6 Exhibit 18: Email between counsel, dated February 25, 2011 [filed under seal]; Exhibit 19: Email between counsel, dated March 3, 2011 [filed under seal]; 9 Exhibit 20: Email between counsel, dated March 7, 2011 [filed under seal]; 10 Exhibit 21: Email between counsel, dated March 10, 2011 [filed under seal]; Exhibit 22: Email between counsel, dated March 11, 2011 [filed under seal]; Exhibit 23: Email between counsel, dated March 15, 2011 [filed under seal]; Exhibit 24: Email between counsel, dated March 16, 2011 [filed under seal]; Exhibit 25: Email between counsel, dated March 21, 2011 [filed under seal]; Exhibit 26: Email between counsel, dated March 22, 2011 [filed under seal]; 18 Exhibit 27: Email between counsel, dated March 23, 2011 [filed under seal]; 19 Exhibit 28: Email between counsel, dated March 25, 2011 [filed under seal]; Exhibit 29: Email between counsel, dated March 25, 2011 [filed under seal]; and Exhibit 30: Email between counsel, dated March 28, 2011 [filed under seal]. 1 2 3 4 7 8 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 11th day of April, 2011, at San Diego, California. s/ Alexandra S. Bernay ALEXANDRA S. BERNAY 28 618078_1 DEC OF ALEXANDRA S. BERNAY ISO PLTFS’ OPPO TO APPLE’S OBJECTIONS TO PLTFS’ EVIDENCE FILED ISO REPLY ISO PLTFS’ RENEWED MOT FOR CC - C-05-00037-JW(HRL) -2- 1 2 CERTIFICATE OF SERVICE I hereby certify that on April 11, 2011, I authorized the electronic filing of the foregoing with 3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the 4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF 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 April 11, 2011. 9 s/ Alexandra S. Bernay ALEXANDRA S. BERNAY 10 13 ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) 14 E-mail: 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 618078_1 xanb@rgrdlaw.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. Francis Joseph Balint , Jr fbalint@bffb.com Alexandra Senya Bernay xanb@rgrdlaw.com Michael D Braun service@braunlawgroup.com Michael D. Braun service@braunlawgroup.com,clc@braunlawgroup.com Todd David Carpenter tcarpenter@bffb.com,pjohnson@bffb.com,rcreech@bffb.com Andrew S. Friedman khonecker@bffb.com,rcreech@bffb.com,afriedman@bffb.com Alreen Haeggquist alreenh@zhlaw.com,judyj@zhlaw.com Roy Arie Katriel rak@katriellaw.com,rk618@aol.com Thomas J. Kennedy tkennedy@murrayfrank.com David Craig Kiernan dkiernan@jonesday.com,lwong@jonesday.com Carmen Anthony Medici cmedici@rgrdlaw.com,slandry@rgrdlaw.com Thomas Robert Merrick tmerrick@rgrdlaw.com,e_file_sd@rgrdlaw.com,e_file_sf@rgrdlaw.com Caroline Nason Mitchell cnmitchell@jonesday.com,mlandsborough@jonesday.com,ewallace@jonesday.com https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?910143488907422-L_366... 4/11/2011 CAND-ECF- Page 2 of 2 Robert Allan Mittelstaedt ramittelstaedt@jonesday.com,mlandsborough@jonesday.com Brian P Murray bmurray@murrayfrank.com George A. Riley griley@omm.com,lperez@omm.com,cchiu@omm.com Elaine A. Ryan eryan@bffb.com,pjohnson@bffb.com Jacqueline Sailer jsailer@murrayfrank.com Michael Tedder Scott michaelscott@jonesday.com,amhoward@jonesday.com Craig Ellsworth Stewart cestewart@jonesday.com,mlandsborough@jonesday.com John J. Stoia , Jr jstoia@rgrdlaw.com Bonny E. Sweeney bonnys@rgrdlaw.com,christinas@rgrdlaw.com,E_file_sd@rgrdlaw.com Helen I. Zeldes helenz@zhlaw.com 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. (No manual recipients) https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?910143488907422-L_366... 4/11/2011