"The Apple iPod iTunes Anti-Trust Litigation"

Filing 367

REDACTION to 366 Redacted Document Declaration of Thomas R. Merrick in Support of Motion for Additional Discovery Pursuant to Rule 56(f) by Melanie Tucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Merrick, Thomas) (Filed on 4/26/2010)

EXHIBIT B

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Paula Roach
From: David Kiernan ([e-mail]

Sent: Monday, August 03,200910:00 AM

To: Paula Roach Cc: Tom Merrick
Subject: Re: AliA 30b6 production

Agreed.

David C. Kiernan
Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Phone [phone]

Fax [phone]

"Paula Roach" ..::[e-mail]::-

To .::[e-mail]::cc "Tom Merrick" .::[e-mail]:-

08/03/200909:10 AM

Subject AliA 30b6 production

David:

As a follow up to our call on 7/31, i want to confirm that certain documents are included in the documents to be produced. During our cal! we agreed that Appie would be producing documents concerning: (1) software updates that address conduct by competitors to permit direct payback of iTunes files on a non-iPod and/or permit direct playback of non-iTunes files on an iPod; and (2) software updates that addressed "hacks". Plaintiffs reserved their right to seek compliance with additional requests after production of the above categories begins.
We had previously discussed production in response to Request 7. Through this request plaintiffs seek all

communications between Apple and the record labels concerning "hacks". Please confirm that to the extent responsive documents exist they will be produced in the above production.
We look forward to receiving a proposed custodian list and search terms from you by the end of this week or early
next

week.

thanks
Paula M. Roach Coughlin Stoia Geller Rudman & Robbins, LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Phone: [phone]

11/17/2009

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11/17/2009