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

Filing 42

MOTION for Daniel S. Floyd, Daniel G. Swanson & Jagannathan P. Srinivasan to Appear Pro Hac Vice. Document filed by Apple, Inc.(pgu)

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DOC# UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----~- -----------------------------------X UNITED STATES OF AMERICA, Plaintiff, 12 Civ. 2826 (DLC) vs. APPLE INC., et al., Defendants. -----------------------------------X ~ NOTICE OF MOTION FOR ADMISSION PRO HAC VICE ~ PLEASE TAKE NOTICE that, upon the declaration submitted herewith, DefendanL. ~ :-= N~ 1 Denise L. Cote, United States District Judge, United States Courthouse, 500 Pearl Str~ o:> :z -o ---10 :::t: -. Courtroom 15B, New York, New York, at a time and date to be determined by this Cotnt, fOf."<lll. ~ w 7:.0 -I Order admitting DanielS. Floyd, Daniel G. Swanson, and Jagannathan P. Srinivasan, pro hac! vice, pursuant to Rule 1.3(c) of the Local Civil rules of the United States District Court for the Southern District of New York. A proposed order is annexed hereto. Dated: New York, New York May 8, 2012 Respectfully submitted, GIBSON, DUNN & CRUTCHER LLP ~HaneL. Kim 200 Park Avenue, Suite 47-038 New York, NY 10166 Telephone: 212-351-2412 Facsimile: 212-351-6312 hlkim@gibsondunn.com Attorneys for Defendant Apple Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X UNITED STATES OF AMERICA, Plaintiff, 12 Civ. 2826 (DLC) vs. APPLE INC., et al., Defendants. -----------------------------------X DECLARATION OF HANE L. KIM I, HANEL. KIM, pursuant to 28 U.S.C. § 1746, declare as follows: 1. I am an attorney admitted to practice in the State ofNew York and the United States District Courts for the Southern District of New York. I am an associate of the law firm of Gibson, Dunn & Crutcher LLP, counsel for Defendant Apple, Inc. ("Apple"), in the abovecaptioned action. I make this affidavit in support of Apple's motion, pursuant to Rule 1.3(c) of the Local Civil Rules of this Court, for the admission of DanielS. Floyd, Daniel G. Swanson, and Jagannathan P. Srinivasan, to the bar of this Court pro hac vice. 2. Mr. Floyd is a member of the Los Angeles, California office of Gibson, Dunn & Crutcher LLP. Mr. Floyd is a member in good standing of the bar of the State of California. See Certificate Of Standing issued by the State Bar of California, dated April27, 2012 (attached hereto as Exhibit 1). Mr. Floyd is familiar with the Federal Rules of Civil Procedure and with the Rules of this Court. 3. Mr. Swanson is a member of the Los Angeles, California office of Gibson, Dunn & Crutcher LLP. Mr. Swanson is a member in good standing of the bar of the State of California. See Certificate Of Standing issued by the State Bar of California, dated April27, 2012 (attached hereto as Exhibit 2). Mr. Swanson is familiar with the Federal Rules of Civil Procedure and with the Rules of this Court. 4. Mr. Srinivasan is Of Counsel for Gibson, Dunn & Crutcher LLP, in the Los Angeles, California office. Mr. Srinivasan is a member in good standing of the bar of the State of California. See Certificate Of Standing issued by the State Bar of California, dated April 27, 2012 (attached hereto as Exhibit 3). Mr. Srinivasan is familiar with the Federal Rules of Civil Procedure and with the Rules of this Court. 5. Accordingly, I respectfully request that Mr. Floyd, Mr. Swanson, and Mr. Srinivasan be admitted to the bar of this Court pro hac vice. Dated: New York, New York May 8, 2012 ~ HaneL. Kim 2 THE STATE BAR OF CALIFORNIA 180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617 TELEPHONE: 888-800-3400 CERTIFICATE OF STANDING April 27, 2012 TO WHOM IT MAY CONCERN: This is to certify that according to the records of the State Bar, DANIEL SCOTT FLOYD, #123819 was admitted to the practice of law in this state by the Supreme Court of California on July 16, 1986; and has been since that date, and is at date hereof, an ACTIVE member of the State Bar of California; and that no recommendation for discipline for professional or other misconduct has ever been made by the Board of Trustees or a Disciplinary Board to the Supreme Court of the State of California. THE STATE BAR OF CALIFORNIA Louise Turner Custodian of Membership Records THE STATE BAR OF CALIFORNIA 180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617 TELEPHONE: 888-800-3400 CERTIFICATE OF STANDING April 27, 2012 TO WHOM IT MAY CONCERN: This is to certify that according to the records of the State Bar, DANIEL G. SWANSON, #116556 was admitted to the practice of law in this state by the Supreme Court of California on December 27, 1984; and has been since that date, and is at date hereof, an ACTIVE member of the State Bar of California; and that no recommendation for discipline for professional or other misconduct has ever been made by the Board of Trustees or a Disciplinary Board to the Supreme Court of the State of California. THE STATE BAR OF CALIFORNIA Louise Turner Custodian of Membership Records THE STATE BAR OF CALIFORNIA 180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617 TELEPHONE: 888-800-3400 CERTIFICATE OF STANDING April27, 2012 TO WHOM IT MAY CONCERN: This is to certify that according to the records ofthe State Bar, JAGANNATHAN P. SRINIVASAN, #181471 was admitted to the practice of law in this state by the Supreme Court of California on January 2, 1996; that from the date of admission to September 27, 1999, he was an ACTIVE member of the State Bar of California; that on September 27, 1999, he transferred at his request to the INACTIVE status as of January 1, 1999; that from that date to January 13, 2000, he was an INACTIVE member of the State Bar of California; that on January 13, 2000, he transferred at his request to the ACTIVE status; that from that date to July 1, 2009, he was an ACTIVE member of the State Bar of California; that on July 1, 2009, he was suspended from the practice of law in California by order of the Supreme Court for nonpayment of State Bar membership fees; that said suspension remained in effect to July 2, 2009 upon which last mentioned date he was reinstated by the Supreme Court upon payment of all delinquent State Bar fees and penalties; that he has been since that date, and is at date hereof, an ACTIVE member of the State Bar of California; and that no recommendation for discipline for professional or other misconduct has ever been made by the Board of Governors or a Disciplinary Board to the Supreme Court of the State of California. THE STATE BAR OF CALIFORNIA Louise Turner Custodian of Membership Records UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X UNITED STATES OF AMERICA, Plaintiff, 12 Civ. 2826 (DLC) vs. APPLE INC., et al., Defendants. -----------------------------------X [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE OF DANIELS. FLOYD, DANIEL G. SWANSON, AND JAGANNATHAN P. SRINIVASAN Upon consideration of the Notice of Motion for Admission Pro Hac Vice of Defendant Apple, Inc., and the declaration submitted in support thereof, and good cause having been shown, it is SO ORDERED that DanielS. Floyd, Daniel G. Swanson, and Jagannathan P. Srinivasan are admitted to the bar of this Court pro hac vice this _ day of - - - - 2012. HONORABLE DENISE L. COTE United States District Judge Certificate of Service I, HaneL. Kim, hereby certify, under penalty of perjury pursuant to 28 U.S.C. § 1746, that on May 8, 2012, a copy of the foregoing Notice of Motion for Admission Pro Hac Vice, Declaration ofHane L. Kim in Support of Motion for Admission Pro Hac Vice, and Proposed Order for Admission Pro Hac Vice of DanielS. Floyd, Daniel G. Swanson, and Jagannathan P. Srinivasan were served by First Class U.S. Mail, postage prepaid, upon the following parties: Daniel McCuaig U.S. Department of Justice, Antitrust Division, Litigation III 450 5th Street, NW, Suite 4000 Washington, DC 20008 Walter B. Stuart , IV Freshfields Brockhaus Deringer LLP 601 Lexington A venue New York, NY 10022 Shepard Goldfein Skadden, Arps, Slate, Meagher & Flom LLP 4 Times Square, 42nd Floor New York, NY 10036 Dated: New York, New York May 8, 2012 Joel M. Mitnick Sidley Austin LLP 787 Seventh A venue New York, NY 10019 Helene Debra Jaffe Proskauer Rose LLP 11 Times Square New York, NY 10036 James W. Quinn Weil, Gotshal & Manges LLP 767 Fifth A venue, 25th Floor New York, NY 10153 Andrew Jay Frackman O'Melveny & Myers LLP 7 Times Square New York, NY 10036

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