"The Apple iPod iTunes Anti-Trust Litigation"

Filing 415

Declaration of Paula M. Roach in Support of 414 Memorandum in Opposition, to Defendant's Motion to Shorten Time filed bySomtai Troy Charoensak, Mariana Rosen, Stacie Somers, Melanie Tucker. (Related document(s) 414 ) (Roach, Paula) (Filed on 12/30/2010)

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 415

1 ROBBINS GELLER RUDMAN & DOWD LLP 2 JOHN J. STOIA, JR. (141757) BONNY E. SWEENEY (176174) 3 THOMAS R. MERRICK (177987) ALEXANDRA S. BERNAY (211068) 4 PAULA M. ROACH (254142) 655 West Broadway, Suite 1900 5 San Diego, CA 92101 Telephone: [phone] (fax) [e-mail] 7 [e-mail] [e-mail] 8 [e-mail] [e-mail] 9 THE KATRIEL LAW FIRM 10 ROY A. KATRIEL (pro hac vice) 1101 30th Street, N.W., Suite 500 11 Washington, DC 20007 Telephone: [phone] (fax) [e-mail] 13 Co-Lead Counsel for Plaintiffs 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN JOSE DIVISION 18 THE APPLE IPOD ITUNES ANTI-TRUST 19 LITIGATION 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS. ) ) ) ) ) ) ) ) Lead Case No. C-05-00037-JW(HRL) CLASS ACTION DECLARATION OF PAULA M. ROACH IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S ADMINISTRATIVE MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING DEFENDANT'S MOTION TO COMPEL

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I, Paula M. Roach, hereby declare as follows: 1. I am an attorney duly licensed to practice before all the courts of the state of

3 California. I am associated with the law firm of Robbins Geller Rudman & Dowd LLP, Co-Lead 4 Class Counsel of record for Plaintiffs Melanie Tucker, Mariana Rosen, and Somtai Troy Charoensak 5 in this action. I have personal knowledge of the matters stated herein, and, if called upon, I could 6 and would competently testify thereto. 7 2. On October 27, 2010, Defendant Apple Inc. ("Apple") served 19 broad contention

8 interrogatories and six accompanying requests for production of documents on each plaintiff. All of 9 these requests require analysis of the facts and data produced by Apple. 10 3. As of October 27, in the three years of ongoing discovery, Apple had produced

11 97,316 pages of documents and little to no data requested by Plaintiffs' experts. Beginning on 12 November 15, 2010, Apple began producing documents in massive quantities. Between November 13 15, 2010 and December 20, 2010, the last day for fact discovery, Apple produced 1,606,951 pages of 14 documents plus data needed by Plaintiffs' experts. Over the last month, Plaintiffs also took the 15 deposition of six fact witnesses. Plaintiffs responded to the interrogatories and document requests on 16 December 20, 2010. 17 4. On December 21, Alexandra S. Bernay, an associate at my firm, sent Apple's counsel

18 a letter informing him that Plaintiffs could not respond to the contention requests because Apple had 19 produced massive quantities of documents over the last four weeks and the materials necessary for 20 expert analysis were received by counsel the night before. Ms. Bernay stated that Plaintiffs were 21 reviewing and analyzing Apple's large production and would provide responses to the contention 22 requests in time for Apple to use them, if desired, in its reply in support of its upcoming motion for 23 summary judgment. 24 5. On December 23, Ms. Bernay once again informed Apple's counsel that Plaintiffs

25 were not refusing to respond to the contention discovery and would do so once review and analysis 26 of Apple's production was completed. 27 6. On December 27, 2010, Apple filed a Motion to Compel Interrogatory Responses and

28 Requests for Production along with a motion to shorten time for briefing and hearing on that motion.
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DEC OF PAULA M. ROACH IN SUPP OF PLTFS' OPP TO DEF'S ADMINISTRATIVE MTN TO SHORTEN TIME FOR BRIEFING & HEARING DEF'S MTN TO COMPEL - C-05-00037-JW(HRL)

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7.

Because Plaintiffs have already agreed to provide responses to Apple's contention

2 requests well in advance of the deadline for Apple to file its reply in support of its motion for 3 summary judgment, Apple cannot show any prejudice. A fortiorari, Apple cannot show any 4 prejudice will result from briefing and hearing the motion in the ordinary course. Even if this Court 5 granted Apple's motion to shorten time, the hearing date would be January 18, 2011, one day after 6 Apple must file its motion for summary judgment. Apple cannot, therefore, claim any prejudice. 7 8. By contrast, if Apple's Motion to Shorten Time is granted, Plaintiffs will be forced to

8 brief an opposition to the Motion to Compel over the holiday while Plaintiffs are reviewing Apple's 9 massive production and also briefing their Motion for Class Certification (due to be filed on January 10 17, 2010). This prejudices Plaintiffs and rewards Apple for its bad conduct. If Apple wanted full 11 responses to its contention interrogatories sooner, it could have complied with its discovery 12 obligation months ago, as most of the over 1,000,000 pages of late document production was in 13 response to requests that were served on Apple in 2009. 14 9. The current hearing date of February 1, 2011, allows Plaintiffs adequate time to brief

15 their opposition to Apple's motion, review Apple's large document production, and brief their 16 Motion for Class Certification. Additionally, hearing Apple's motion on January 18, 2011, as 17 suggested by Apple, will not provide any added efficiencies because Apple's Motion for Protective 18 Order is entirely unrelated to its Motion to Compel and Apple's Motion for Summary Judgment will 19 have already been filed. Moreover, as Apple's counsel is located in San Francisco and has offices in 20 Palo Alto, requiring Apple to attend an additional hearing in San Jose imposes no hardship on Apple. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing

22 is true and correct. Executed this 30th day of December, 2010, at San Diego, California. 23 24 25 26 27 28
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s/ Paula M. Roach PAULA M. ROACH

DEC OF PAULA M. ROACH IN SUPP OF PLTFS' OPP TO DEF'S ADMINISTRATIVE MTN TO SHORTEN TIME FOR BRIEFING & HEARING DEF'S MTN TO COMPEL - C-05-00037-JW(HRL)

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CERTIFICATE OF SERVICE I hereby certify that on December 30, 2010, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to 4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on December 30, 2010. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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s/ Paula M. Roach PAULA M. ROACH ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] (fax) E-mail:[e-mail]

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