In re: High-Tech Employee Antitrust Litigation

Filing 716

Omnibus Declaration of Christina J. Brown in Support of 715 Reply re Joint Motion to Exclude the Expert Testimony of Edward E. Leamer, Ph.D. , 714 Reply to Joint Motion to Strike the Improper Rebuttal Testimony in Dr. Leamer's Reply Expert Report or, in the Alternative, MOTION for Leave to Submit a Reply Report of Dr. Stiroh filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Related document(s) 715 , 714 ) (Brown, Christina) (Filed on 2/27/2014) Modified text on 2/28/2014 (dhmS, COURT STAFF).

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1 6 GEORGE A. RILEY (Bar No. 118304) griley@omm.com MICHAEL F. TUBACH (Bar No. 145955) mtubach@omm.com CHRISTINA J. BROWN (Bar No. 242130) cjbrown@omm.com O’MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 7 Attorneys for Defendant Apple Inc. 2 3 4 5 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 IN RE HIGH-TECH EMPLOYEE ANTITRUST LITIGATION Master Docket No. 11-CV-2509 LHK 18 OMNIBUS DECLARATION OF CHRISTINA J. BROWN IN SUPPORT OF DEFENDANTS’ REPLIES IN SUPPORT OF JOINT MOTION TO EXCLUDE TESTIMONY OF EDWARD E. LEAMER, PH.D. AND JOINT MOTION TO STRIKE IMPROPER REBUTTAL TESTIMONY IN DR. LEAMER’S REPLY EXPERT REPORT 19 Date: 20 Time: Courtroom: Judge: 14 THIS DOCUMENT RELATES TO: 15 ALL ACTIONS 16 17 21 March 20, 2014 and March 27, 2014 1:30 p.m. 8, 4th Floor The Honorable Lucy H. Koh 22 23 24 25 26 27 28 OMNIBUS BROWN DECL. ISO REPLIES ISO MOTIONS TO EXCLUDE AND STRIKE NO. 11-CV-2509-LHK 1 I, Christina J. Brown, declare as follows: 2 1. I am a member of the Bar of the State of California and a counsel at O’Melveny & 3 Myers LLP, attorneys for Defendant Apple Inc. I submit this declaration in support of 4 Defendants’ Replies in Support of Joint Motion to Exclude the Expert Testimony of Edward E. 5 Leamer, Ph.D. and Joint Motion to Strike the Improper Rebuttal Testimony in Dr. Leamer’s 6 Reply Expert Report or, in the Alternative, for Leave to Submit a Reply Report of Dr. Stiroh. 7 I make this declaration based on my own personal knowledge. If called to testify as a witness, 8 I could and would do so competently. 9 10 11 2. Attached hereto as Exhibit A is a true and correct copy of the November 12, 2012 Expert Report of Professor Kevin M. Murphy. 3. Attached hereto as Exhibit B is a true and correct copy of excepts from the 12 October 26, 2012, November 18, 2013, and December 19, 2013 deposition testimony of Dr. 13 Edward Leamer. 14 4. 15 16 17 18 19 20 21 22 23 24 25 26 Attached hereto as Exhibit C is a true and correct copy of excerpts from the December 3, 2012 deposition testimony of Dr. Kevin Murphy. 5. Attached hereto as Exhibit D is a true and correct copy of excerpts from the December 9, 2013 deposition testimony of Dr. Lauren Stiroh. 6. Attached hereto as Exhibit E is a true and correct copy of excerpts from the January 29, 2013 deposition testimony of Paul Otellini. 7. Attached hereto as Exhibit F is a true and correct copy of a document produced by Google bearing Bates number GOOG-HIGH-TECH-00058864. 8. Attached hereto as Exhibit G is a true and correct copy of excerpts from the Federal Judicial Center, Reference Manual on Scientific Evidence (3d ed. 2011). 9. Attached hereto as Exhibit H is a true and correct copy of excerpts from Understanding and Using Advanced Statistics (2006). 10. Attached hereto as Exhibit I is a true and correct copy from the STATA Manual - 27 Stata 13 help for regress. The document was printed from http://www.stata.com/help.cgi?regress, 28 which was last visited on February 27, 2014. -2- OMNIBUS BROWN DECL. ISO REPLIES ISO MOTIONS TO EXCLUDE AND STRIKE NO. 11-CV-2509-LHK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11. Attached hereto as Exhibit J is a true and correct copy of excerpts from Statistics in a Nutshell (1st ed. 2008). 12. Attached hereto as Exhibit K is a true and correct copy of excerpts from A Guide to Modern Econometrics (2d ed. 2004). 13. Attached hereto as Exhibit L is a true and correct copy of excerpts from A Course in Econometrics (1991). 14. Attached hereto as Exhibit M is a true and correct copy of excerpts from Proving Antitrust Damages, Legal and Economic Issues (2d ed. 2010). 15. Attached hereto as Exhibit N is a true and correct copy of excerpts from Principles of Econometrics (4th ed. 2011). 16. Attached hereto as Exhibit O is a true and correct copy of excerpts from Microeconometrics, Methods and Applications (2005). 17. Attached hereto as Exhibit P is a true and correct copy of Multicountry, Multifactor Tests of the Factor Abundance Theory, The American Economic Review (Dec. 1987). 18. Attached hereto as Exhibit Q is a true and correct copy of Sets of Posterior Means with Bounded Variance Priors, Econometrica (May 1982). 17 18 19 I declare under penalty of perjury under the laws of the United States that the above is true and correct. Executed on February 27, 2014, in San Francisco, California. 20 /s/ Christina J. Brown Christina J. Brown 21 22 23 24 25 26 27 28 -3- OMNIBUS BROWN DECL. ISO REPLIES ISO MOTIONS TO EXCLUDE AND STRIKE NO. 11-CV-2509-LHK