"The Apple iPod iTunes Anti-Trust Litigation"

Filing 547

Administrative Motion to File Under Seal Portions of Plaintiffs Reply Memorandum in Support of Plaintiffs Renewed Motion for Class Certification, Portions of the Declaration of Alexandra S. Bernay in Support Thereof and Exhibits 1-2 to the Declaration of Carmen A. Medici in Support Thereof and Portions of the Reply Declaration of Roger G. Noll and Exhibits 1-3 Pursuant to Local Rule 79-5(b)-(c) filed by Melanie Tucker. Motion Hearing set for 4/18/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (Attachments: # 1 Pursuant to General Order 62 Declaration will be marked *Restricted* and will not be viewable by the public (or the filer)., # 2 Proposed Order)(Sweeney, Bonny) (Filed on 3/28/2011) Modified on 3/30/2011 (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 547 Att. 1

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 CARMEN A. MEDICI (248417) 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 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 16 17 THE APPLE IPOD ITUNES ANTI-TRUST LITIGATION 18 19 This Document Relates To: 20 21 22 23 24 25 26 27 28 ALL ACTIONS. ) ) ) ) ) ) ) ) Lead Case No. C-05-00037-JW(HRL) CLASS ACTION DECLARATION OF BONNY E. SWEENEY IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION, PORTIONS OF THE DECLARATION OF ALEXANDRA S. BERNAY IN SUPPORT THEREOF AND EXHIBITS 1-2 TO THE DECLARATION OF CARMEN A. MEDICI IN SUPPORT THEREOF AND PORTIONS OF THE REPLY DECLARATION OF ROGER G. NOLL AND EXHIBITS 1-3 PURSUANT TO LOCAL RULE 79-5(b)-(c) JUDGE: DATE: TIME: CTRM; Hon. James Ware April 18, 2011 9:00 a.m. 8, 4th Floor

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Dockets.Justia.com

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I, BONNY E. SWEENEY, hereby declare as follows: 1. I am an attorney duly licensed to practice before all of the courts of the state of

3 California. I am a member of the law firm of Robbins Geller Rudman & Dowd LLP, Co-Lead Class 4 Counsel of record for plaintiffs Melanie Tucker, Mariana Rosen, and Somtai Troy Charoensak 5 ("Plaintiffs") in this action. I have personal knowledge of the matters stated herein, and, if called 6 upon, I could and would competently testify thereto. 7 2. I submit this declaration in support of Plaintiffs' Administrative Motion to File Under

8 Seal Portions of Plaintiffs' Reply Memorandum in Support of Plaintiffs' Renewed Motion for Class 9 Certification ("Reply"), Portions of the Declaration of Alexandra S. Bernay in Support Thereof 10 ("Bernay Declaration") and Exhibits 1-2 to the Declaration of Carmen A. Medici in Support Thereof 11 ("Medici Exhibits") and Portions of the Reply Declaration of Roger G. Noll ("Reply Noll 12 Declaration") and Exhibits 1-3 ("Noll Exhibits") Pursuant to Local Rule 79-5(b)-(c). 13 3. Apple has designated these documents and information as "Confidential ­ Attorneys'

14 Eyes Only" under the Protective Order as containing commercially sensitive business information. 15 This motion is intended to satisfy Plaintiffs' obligations under the Protective Order. In accordance 16 with the Protective Order, the confidential information in the Reply, Bernay Declaration and Reply 17 Noll Declaration have been redacted to allow public access to the redacted Reply, Bernay 18 Declaration and Reply Noll Declaration. The redacted Reply, Bernay Declaration and Reply Noll 19 Declaration are marked "Redacted." The Medici and Noll Exhibits have been filed under seal. 20 I declare under penalty of perjury under the laws of the United States of America that the

21 foregoing is true and correct. Executed this 28th day of March, 2011, at San Diego, California. 22 23 24 25 26 27 28
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s/ Bonny E. Sweeney BONNY E. SWEENEY

DEC OF BES ISO PLTFS' ADMIN MOT TO FUS PORTIONS OF PLTFS' REPLY MEMORANDUM IN SUPPORT OF PLTFS' RENEWED MOT FOR CLASS CERTIFICATION- C-05-00037-JW(HRL)

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CERTIFICATE OF SERVICE I hereby certify that on March 28, 2011, 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 March 28, 2011. 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/ Bonny E. Sweeney BONNY E. SWEENEY 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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Mailing Information for a Case 5:05-cv-00037-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Francis Joseph Balint , Jr [e-mail] Alexandra Senya Bernay [e-mail] Michael D Braun [e-mail] Michael D. Braun [e-mail],[e-mail] Todd David Carpenter [e-mail],[e-mail],[e-mail] Andrew S. Friedman [e-mail],[e-mail],[e-mail] Alreen Haeggquist [e-mail],[e-mail] Roy Arie Katriel [e-mail],[e-mail] Thomas J. Kennedy [e-mail] David Craig Kiernan [e-mail],[e-mail] Carmen Anthony Medici [e-mail],[e-mail] Thomas Robert Merrick [e-mail],[e-mail],[e-mail] Caroline Nason Mitchell [e-mail],[e-mail],[e-mail]

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Robert Allan Mittelstaedt [e-mail],[e-mail] Brian P Murray [e-mail] George A. Riley [e-mail],[e-mail],[e-mail] Elaine A. Ryan [e-mail],[e-mail] Jacqueline Sailer [e-mail] Michael Tedder Scott [e-mail],[e-mail] Craig Ellsworth Stewart [e-mail],[e-mail] John J. Stoia , Jr [e-mail] Bonny E. Sweeney [e-mail],[e-mail],[e-mail] Helen I. Zeldes [e-mail]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
(No manual recipients)

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?271655758887143-L_366... 3/28/2011