"The Apple iPod iTunes Anti-Trust Litigation"

Filing 242

Declaration of Michael Scott in Support of 240 MOTION for Decertification of Rule 23(B)(3) Class filed by Apple Inc.. (Attachments: # 1 Exhibit 1-2)(Related document(s) 240 ) (Scott, Michael) (Filed on 8/31/2009) Modified on 9/1/2009 (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 242

Case5:05-cv-00037-JW Document242

Filed08/31/09 Page1 of 2

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Robert A. Mittelstaedt #60359 [e-mail] Craig E. Stewart #129530 [e-mail] Michael Scott #255282 [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION

Case No. C-05-00037-JW C-06-04457 JW DECLARATION OF MICHAEL SCOTT IN SUPPORT OF DEFENDANT'S MOTION FOR DECERTIFICATION OF RULE 23(B)(3) CLASS Date: October 5, 2009 Time: 9:00 a.m. Place: Courtroom 8, 4th floor

Scott Decl ISO Def's Motion for Decert. of Damages Class C-05-00037-JW C 06-04457JW
Dockets.Justia.com

Case5:05-cv-00037-JW Document242

Filed08/31/09 Page2 of 2

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I, Michael Scott, declare as follows: I am an associate in the law firm of Jones Day, located at 555 California Street, 26th Floor, San Francisco, CA 94104. I am a member in good standing of the State Bar of California (#255282) and represent Apple Inc. in this case. I make this declaration in support of Apple's Motion for Decertification of Rule 23(B)(3) Class. I have personal knowledge of the facts set forth herein and, if called as a witness, I could and would testify competently thereto. 1. Attached hereto as Exhibit 1 is a true and correct copy of transcript excerpts of the

deposition of Gary French, taken in this matter on April 3, 2009. 2. Attached hereto as Exhibit 2 is a true and correct copy of transcript excerpts of the

deposition of Roger Noll, taken in this matter on September 19, 2008. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed August 31, 2009 in San Francisco, California. /s/ Michael Scott Michael Scott
SFI-617898v1

Scott Decl ISO Def's Motion for Decert. of Damages Class C-05-00037-JW C 06-04457JW