Unites States of America v. Apple, Inc. et al

Filing 204

NOTICE of Certification of Defendants Penguin Group (USA), Inc. and The Penguin Group Pursuant to 15 U.S.C. §16(g). Document filed by Penguin Group (USA), Inc., The Penguin Group. (McInnis, Daniel)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPLE, INC., ) HACHETTE BOOK GROUP, INC., ) HARPERCOLLINS PUBLISHERS L.L.C., ) VERLAGSGRUPPE GEORG VON ) HOLTZBRINCK GMBH, ) HOLTZBRINCK PUBLISHERS, LLC ) d/b/a MACMILLAN ) THE PENGUIN GROUP, ) A DIVISION OF PEARSON PLC, ) PENGUIN GROUP (USA) PLC, and ) SIMON & SCHUSTER, INC. ) ) Defendants. ) ) Case No.: 12-CV-2826 Judge: Denise L. Cote CERTIFICATION OF DEFENDANT PENGUIN PURSUANT TO 15 U.S.C. §16(g) Pursuant to 15 U.S.C. § 16(g), defendants The Penguin Group, a division of Pearson plc and Penguin Group (USA), Inc. (collectively “Penguin”) state that no written or oral communications occurred by, or on behalf of, Penguin with an officer or employee of the United States concerning, or relevant to, the Proposed Final Judgment, other than communications made by counsel of record alone with employees of the United States Department of Justice, except as follows: 1. As part of the litigation in this matter (and other consolidated matters), Penguin counsel of record and Penguin had communications with the following United States Department of Justice attorneys during the following Penguin depositions: Lawrence E. Buterman, Mark W. Ryan, and Tor Winston at the Tim McCall 30(b)(6) deposition on November 30, 2012; Benjamin Sirota and Lawrence E. Buterman at the Genevieve Shore deposition on December 1 5, 2012; Benjamin Sirota at the Tim McCall deposition on January 30, 2013, the Coram Williams deposition on February 12, 2013, the Richard Heffernan deposition on March 1, 2013, the John Makinson deposition on March 15, 2013, and the David Shanks 30(b)(6) deposition on March 21, 2013; Lawrence E. Buterman at the David Shanks deposition on March 20, 2013; and Anupama Sawkar at the Susan Kennedy deposition on March 21, 2013. These “communications” were not about the Proposed Final Judgment but arguably are relevant and therefore are listed here as for sake of completeness. 2. From approximately November 28, 2012 through the filing of the Proposed Final Judgment, counsel of record for Penguin engaged in communications with officers or employees of the United States Department of Justice. 2 Penguin certifies that, with this submission, it has complied with the requirements of 15 U.S.C. §16(g), and that this submission is a true and complete description of communications known to Penguin or that Penguin reasonably should have known that are required to be reported pursuant to that provision. Dated: April 15, 2013 Respectfully Submitted, /s/ Daniel Ferrel McInnis Daniel Ferrel McInnis Larry Tanenbaum Carolyn Perez Akin Gump Strauss Hauer & Feld, LLP 1333 New Hampshire Ave., NW Washington, DC 20036 Tel.: 202-887-4000 Fax: 202-887-4288 dmcinnis@akingump.com ltanenbaum@akingump.com cperez@akingump.com Counsel for The Penguin Group, a division of Pearson plc, and Penguin Group (USA), Inc. 3