United States of America v. Apple, Inc.

Filing 16

FORM C, on behalf of Appellant Bob Kohn, FILED. Service date 10/16/2012 by CM/ECF.[746983] [12-4017]

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C)
1. SEE NOTICE ON REVERSE.

2. PLEASE TYPE OR PRINT.

Case Caption:

3. STAPLE ALL ADDITIONAL PAGES

District Court or Agency:

S.D.N.Y

Defendants.
Counsel’s Name:

Attorney(s) for
Appellant(s):

9 Yes

Address:

Steven Brower
Buchalter Nemer

9 Plaintiff

Is this a Cross Appeal?

10/2/12

APPLE, INC., ET. Al.

12-CV-2826 (DLC)

Date the Notice of Appeal was Filed:

v.

District Court Docket No.:

10/2/12

Plaintiff,

Denise Cote

Date the Order or Judgment Appealed
from was Entered on the Docket:

UNITED STATES OF AMERICA

Judge:

Telephone No.:

18400 Von Karman
Suite 800
Irvine, CA 92626-1902

9 No

Fax No.:

[phone]

E-mail:

[phone]

[e-mail]

Attorney(s) for Proposed Intervenor & Amicus Curiae Bob Kohn

9 Defendant

Counsel’s Name:

Attorney(s) for
Appellee(s):

Address:

Mark W Ryan
U.S. Department of Justice
Antitrust Division

9 Plaintiff

Telephone No.:

950 Pennsylvania Ave., NW
Washington, DC 20530

Fax No.:

[phone]

[phone]

E-mail:
[e-mail]

9 Defendant

Has Transcript
Been Prepared?

Approx. Number of
Transcript
Pages:

No hearing.

N/A

Number of
Exhibits
Appended to
Transcript:

N/A

Has this matter been before this Circuit previously?

9 Yes

9 No

If Yes, provide the following:
Case Name:

N/A

2d Cir. Docket No.:

Reporter Citation: (i.e., F.3d or Fed. App.)

ADDENDUM “A”: COUNSEL MUST ATTACH TO THIS FORM: (1) A BRIEF, BUT NOT PERFUNCTORY, DESCRIPTION OF THE
NATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COPY OF THE NOTICE OF APPEAL AND A CURRENT COPY OF
THE LOWER COURT DOCKET SHEET; AND (4) A COPY OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FOR
THIS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS.
ADDENDUM “B”: COUNSEL MUST ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL,
AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE.
PART A: JURISDICTION
1. Federal Jurisdiction

2. Appellate Jurisdiction

9

U.S. a party

9 Diversity

9

Final Decision

9

Order Certified by District Judge (i.e.,
Fed. R. Civ. P. 54(b))

9

Federal question
(U.S. not a party)

9 Other (specify):

9

Interlocutory Decision
Appealable As of Right

9

Other (specify):

IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.

PART B: DISTRICT COURT DISPOSITION
1. Stage of Proceedings
9
9
9

(Check as many as apply)

2. Type of Judgment/Order Appealed
9 Default judgment
9 Dismissal/FRCP 12(b)(1)
lack of subj. matter juris.
9 Dismissal/FRCP 12(b)(6)
failure to state a claim
9 Dismissal/28 U.S.C. § 1915(e)(2)
frivolous complaint
9 Dismissal/28 U.S.C. § 1915(e)(2)
other dismissal

Pre-trial
During trial
After trial

9
9
9
9
9
9
9
9
9

3. Relief

Dismissal/other jurisdiction
Dismissal/merit
Judgment / Decision of the Court
Summary judgment
Declaratory judgment
Jury verdict
Judgment NOV
Directed verdict
Other (specify): Intervene

9 Damages:

9 Injunctions:
9 Preliminary
9 Permanent
9 Denied

Sought: $
Granted: $
Denied: $

PART C: NATURE OF SUIT (Check as many as apply)
1. Federal Statutes
9 Antitrust
9 Bankruptcy
9 Banks/Banking
9 Civil Rights
9 Commerce,
9 Energy
9 Commodities
9 Other (specify):

2. Torts
9
9
9
9
9
9
9

5. Other
9
9
9
9

Forfeiture/Penalty
Real Property
Treaty (specify):
Other (specify):

Communications
Consumer Protection
Copyright 9 Patent
Trademark
Election
Soc. Security
Environmental

9
9
9
9
9
9

Freedom of Information Act
Immigration
Labor
OSHA
Securities
Tax

9 Admiralty/
Maritime
9 Assault /
Defamation
9 FELA
9 Products Liability
9 Other (Specify):

6. General
9 Arbitration
9 Attorney Disqualification
9 Class Action
9 Counsel Fees
9 Shareholder Derivative
9 Transfer

1. Is any matter relative to this appeal still pending below?

3. Contracts
9 Admiralty/
Maritime
9 Arbitration
9 Commercial
9 Employment
9 Insurance
9 Negotiable
Instruments
9 Other Specify

4. Prisoner Petitions
9

Civil Rights
Habeas Corpus
Mandamus
Parole
Vacate Sentence
Other

9
9
9
9

7. Will appeal raise constitutional issue(s)?
9 Yes
9 No
Will appeal raise a matter of first
impression?
9 Yes

9 Yes, specify:

9 No

9 No

2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency
which:
(A) Arises from substantially the same case or controversy as this appeal?
9 Yes
9 No
(B)

Involves an issue that is substantially similar or related to an issue in this appeal?

9 Yes

9 No

If yes, state whether 9 “A,” or 9 “B,” or 9 both are applicable, and provide in the spaces below the following information on the other action(s):
Case Name:

Docket No.

Citation:

Court or Agency:

Name of Appellant:

Date:

Signature of Counsel of Record:

October 15, 2012

/s/ Steven Brower (ECF)

NOTICE TO COUNSEL
Once you have filed your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the following
important steps:
1. Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and file it with the Clerk of the Second Circuit in
accordance with LR 25.1.
2. File the Court of Appeals Transcript Information/Civil Appeal Form (Form D) with the Clerk of the Second Circuit in accordance with LR 25.1.
3. Pay the$455 docketing fee to the United States District Court or the $450 docketing fee to the United States Tax Court unless you are authorized to
prosecute the appeal without payment.
PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS WITHIN 14 DAYS, YOUR APPEAL WILL BE
DISMISSED. SEE LOCAL RULE 12.1.