In re: High-Tech Employee Antitrust Litigation

Filing 93

DECLARATION of Dean M. Harvey in Opposition to 79 MOTION to Dismiss Consolidated Amended Complaint filed byMichael Devine, Mark Fichtner, Siddharth Hariharan, Brandon Marshall, Daniel Stover. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 79 ) (Harvey, Dean) (Filed on 11/4/2011)

1 7 Joseph R. Saveri (State Bar No. 130064) Eric B. Fastiff (State Bar No. 182260) Brendan P. Glackin (State Bar No. 199643) Dean M. Harvey (State Bar No. 250298) Anne B. Shaver (State Bar No. 255928) Katherine M. Lehe (State Bar No. 273472) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 8 Interim Lead Counsel for Plaintiff Class 2 3 4 5 6 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 14 15 THIS DOCUMENTS RELATES TO: DECLARATION OF DEAN M. HARVEY IN OPPOSITION TO DEFENDANTS’ JOINT MOTION TO DISMISS 16 ALL ACTIONS Hearing Date: Time: Courtroom: Judge: 17 18 January 26, 2012 1:30 p.m. 8 Hon. Lucy H. Koh 19 20 21 22 I, Dean M. Harvey, declare: 23 1. I am a member in good standing of the State Bar of California and am admitted to 24 practice in United States District Court for the Northern District of California. I am an associate 25 with the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP, attorneys for individual and 26 representative plaintiffs Siddharth Hariharan, Brandon Marshall, Michael Devine, Mark Fichtner, 27 and Daniel Stover in the above-captioned actions. I submit this Declaration in Support of 28 Plaintiffs’ Opposition to Defendants’ Joint Motion to Dismiss. I have personal knowledge of the 947109.1 -1- DECL. OF DEAN M. HARVEY IN OPP. TO JOINT MOTION TO DISMISS MASTER DOCKET NO. 11-CV-2509 LHK 1 facts set forth in this Declaration. If called as a witness, I could and would testify competently to 2 them. 3 1. Attached as Exhibit A is a true and correct copy of the United States’ Complaint 4 in United States v. Adobe Systems Inc., et al., No. 10-cv-1629-RBW (D.D.C.), dated September 5 24, 2010. 6 2. Attached as Exhibit B is a true and correct copy of the United States’ Competitive 7 Impact Statement in United States v. Adobe Systems Inc., et al., No. 10-cv-1629-RBW (D.D.C.), 8 dated September 24, 2010. 9 3. Attached as Exhibit C is a true and correct copy of the Stipulation among the 10 United States; Adobe Systems, Inc.; Apple, Inc.; Google, Inc.; Intel Corporation; Intuit, Inc.; and 11 Pixar to enter Final Judgment, and Exhibit A thereto, the Stipulated [Proposed] Final Judgment. 12 13 4. Attached as Exhibit D is a true and correct copy of the United States’ Complaint in United States v. Lucasfilm LTD., No. 10-cv-2220-RBW (D.D.C.), dated December 21, 2010. 14 5. Attached as Exhibit E is a true and correct copy of the United States’ Competitive 15 Impact Statement in United States v. Lucasfilm LTD., No. 10-cv-2220-RBW (D.D.C.), dated 16 December 21, 2010. 17 6. Attached as Exhibit F is a true and correct copy of the United States’ Motion and 18 Supporting Memorandum to Enter Final Judgment in United States v. Lucasfilm LTD., No. 10-cv- 19 2220-RBW (D.D.C.), dated May 9, 2011, and Exhibit A thereto, the Stipulated [Proposed] Final 20 Judgment. 21 I declare under penalty of perjury under the laws of the United States of America 22 that the foregoing is true and correct. Executed on November 4, 2011, in San Francisco, 23 California. 24 25 /s/ Dean M. Harvey DEAN M. HARVEY 26 27 28 947109.1 -2- DECL. OF DEAN M. HARVEY IN OPP. TO JOINT MOTION TO DISMISS MASTER DOCKET NO. 11-CV-2509 LHK