"The Apple iPod iTunes Anti-Trust Litigation"

Filing 173

MOTION to Seal MEMORANDUM IN OPPOSITION TO 165 MOTION FOR CLASS CERTIFICATION AND THE DECLARATIONS OF JO-ANNE KNYSH AND ARTHUR RANGEL; DECLARATION OF TRACY M. STRONG IN SUPPORT filed by Apple Inc.. Motion Hearing set for 12/15/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Strong, Tracy) (Filed on 10/17/2008) Modified on 10/20/2008 (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 173

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Robert A. Mittelstaedt #060359 Craig E. Stewart #129530 JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

THE APPLE iPOD iTUNES ANTITRUST LITIGATION

Case No. C 05 00037 JW C 06-04457 JW APPLE'S MISCELLANEOUS ADMINISTRATIVE MOTION TO FILE UNDER SEAL APPLE'S MEMORANDUM IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND THE DECLARATIONS OF JO-ANNE KNYSH AND ARTHUR RANGEL; DECLARATION OF TRACY M. STRONG IN SUPPORT Date: December 15, 2008 Time: 9:00 A.M. Place: Courtroom 8, 4th Floor

Apple's Admin. Mot. to File Under Seal C 05 00037
Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(b) and (c), defendant Apple Inc. (Apple) requests that the Court order the Clerk of the Court to file under seal the following confidential documents Apple is lodging with the Court on October 17, 2008: 1. 2. Apple's Memorandum in Opposition to Motion for Class Certification. Declaration of Jo-Anne Knysh in Support of Apple's Memorandum in Opposition

to Motion for Class Certification. 3. Declaration of Arthur Rangel in Support of Apple's Memorandum in Opposition

to Motion for Class Certification and attached exhibits. The requested relief is necessary and narrowly tailored to protect the confidentiality of Apple's commercially sensitive business information, including undisclosed unit sales numbers and customer survey data and analysis. The confidential sales numbers and customer survey data have been redacted from Apple's Memorandum in Opposition to Motion for Class Certification to allow public access to the redacted Memorandum, and the redacted Memorandum is stamped "REDACTED." The Declarations of Jo-Anne Knysh and Arthur Rangel and attached exhibits could not be protected through redaction. Pursuant to Local Rule 79-5, this request is supported by the below declaration of Tracy M. Strong and is accompanied by a proposed order to file under seal.

Dated: October 17, 2008

JONES DAY

By:

/s/Tracy M. Strong Tracy M. Strong

Attorneys for Defendant APPLE INC.

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Apple's Admin. Mot. to File Under Seal C 05 00037

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DECLARATION OF TRACY STRONG IN SUPPORT OF APPLE'S MISCELLANEOUS ADMINISTRATIVE MOTION TO FILE UNDER SEAL APPLE'S MEMORANDUM IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND THE DECLARATIONS OF JO-ANNE KNYSH AND ARTHUR RANGEL Based on my personal knowledge, information and belief, I, Tracy M. Strong, declare: 1. I am an attorney licensed to practice law in the State of California and admitted to

practice before the United States District Court of the Northern District of California. I am an associate in the law firm of Jones Day in San Francisco, California, counsel for defendant Apple Inc. in the above-captioned action. I have personal knowledge of the facts set forth herein and, if called as a witness, I could and would testify competently thereto. 2. I make this declaration in support of Apple's Administrative Motion to File Under

Seal the following confidential documents: (a) (b) Apple's Memorandum in Opposition to Motion for Class Certification. Declaration of Jo-Anne Knysh in Support of Apple's Memorandum in

Opposition to Motion for Class Certification. (c) Declaration of Arthur Rangel in Support of Apple's Memorandum in

Opposition to Motion for Class Certification and attached exhibits. 3. Sealing of the documents identified above is warranted because each of these

documents contains confidential commercially sensitive business information, including undisclosed unit sales numbers and customer survey data and analysis. I have narrowly tailored the number of confidential documents in this request and redacted documents in order to minimize those that need be filed under seal. I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on October 17, 2008. /s/Tracy M. Strong Tracy M. Strong

SFI-594635v1

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Apple's Admin. Mot. to File Under Seal C 05 00037