"The Apple iPod iTunes Anti-Trust Litigation"

Filing 576

Declaration of Alexandra S. Bernay in Support of 575 Response ( Non Motion ), Response ( Non Motion ) Declaration of Alexandra S. Bernay in Support of Plaintiffs Opposition to Apples Objections to Plaintiffs Evidence Filed in Support of Reply in Support of Plaintiffs Renewed Motion for Class Certification filed byMelanie Tucker. (Attachments: # 1 Exhibit 1-30 [Redacted])(Related document(s) 575 ) (Bernay, Alexandra) (Filed on 4/11/2011)

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]
6 619/231-7423 (fax)
[e-mail]
7 [e-mail]
[e-mail]
8 [e-mail]
[e-mail]
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THE KATRIEL LAW FIRM
10 ROY A. KATRIEL (pro hac vice)
1101 30th Street, N.W., Suite 500
11 Washington, DC 20007
Telephone: [phone]
12 202/330-5593 (fax)
[e-mail]
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Co-Lead Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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THE APPLE IPOD ITUNES ANTI-TRUST ) Lead Case No. C-05-00037-JW(HRL)
)
18 LITIGATION
) CLASS ACTION
19
)
) DECLARATION OF ALEXANDRA S.
This Document Relates To:
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) BERNAY IN SUPPORT OF PLAINTIFFS’
) OPPOSITION TO APPLE’S OBJECTIONS
ALL ACTIONS.
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) TO PLAINTIFFS’ EVIDENCE FILED IN
SUPPORT OF REPLY IN SUPPORT OF
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PLAINTIFFS’ RENEWED MOTION FOR
CLASS CERTIFICATION
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JUDGE:
Hon. James Ware
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DATE:
April 18, 2011
TIME:
9:00 a.m.
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CTRM:
8, 4th Floor
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[EXHIBITS 1-30 FILED UNDER SEAL]

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618078_1

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I, ALEXANDRA S. BERNAY, declare as follows:

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1.

I am an attorney duly licensed to practice before all of the courts of the State of

3 California. I am an associate at the law firm Robbins Geller Rudman & Dowd LLP, Co-Lead
4 Counsel of record for Plaintiffs Melanie Tucker, Mariana Rosen and Somtai Troy Charoensak
5 (collectively, “Plaintiffs”) in this action. I have personal knowledge of the matters stated herein,
6 and, if called upon, I could and would competently testify thereto.
7

2.

I submit this Declaration in Support of Plaintiffs’ Opposition to Apple’s Objections to

8 Plaintiffs’ Evidence Filed in Support of Reply in Support of Plaintiffs’ Renewed Motion for Class
9 Certification.
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3.

Attached hereto are true and correct copies of the following exhibits:

Exhibit 1:

Email between counsel, dated February 26, 2010
[filed under seal];

Exhibit 2:

Email between counsel, dated October 15, 2009
[filed under seal];

Exhibit 3:

Letter between counsel, dated October 13, 2009
[filed under seal];

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Exhibit 4:

Letter between counsel, dated October 19, 2009
[filed under seal];

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Exhibit 5:

Email between counsel, dated March 18, 2010
[filed under seal];

Exhibit 6:

Letter between counsel, dated July 15, 2010
[filed under seal];

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Exhibit 7:

Letter between counsel, dated November 11, 2009
[filed under seal];

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Exhibit 8:

Email between counsel, dated December 11, 2010
[filed under seal];

Exhibit 9:

Letter between counsel, dated September 20, 2010
[filed under seal];

Exhibit 10:

Letter between counsel, dated December 14, 2010
[filed under seal];

Exhibit 11:

Email between counsel, dated December 17, 2010
[filed under seal];

Exhibit 12:

Email between counsel, dated January 6, 2011
[filed under seal];

Exhibit 13:

Email between counsel, dated January 4, 2011
[filed under seal];

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618078_1

DEC OF ALEXANDRA S. BERNAY ISO PLTFS’ OPPO TO APPLE’S OBJECTIONS TO PLTFS’
EVIDENCE FILED ISO REPLY ISO PLTFS’ RENEWED MOT FOR CC - C-05-00037-JW(HRL)

-1-

Exhibit 14:

Email between counsel, dated January 25, 2011
[filed under seal];

Exhibit 15:

Email between counsel, dated February 9, 2011
[filed under seal];

Exhibit 16:

Email between counsel, dated February 14, 2011
[filed under seal];

5

Exhibit 17:

Email between counsel, dated February 20, 2011
[filed under seal];

6

Exhibit 18:

Email between counsel, dated February 25, 2011
[filed under seal];

Exhibit 19:

Email between counsel, dated March 3, 2011
[filed under seal];

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Exhibit 20:

Email between counsel, dated March 7, 2011
[filed under seal];

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Exhibit 21:

Email between counsel, dated March 10, 2011
[filed under seal];

Exhibit 22:

Email between counsel, dated March 11, 2011
[filed under seal];

Exhibit 23:

Email between counsel, dated March 15, 2011
[filed under seal];

Exhibit 24:

Email between counsel, dated March 16, 2011
[filed under seal];

Exhibit 25:

Email between counsel, dated March 21, 2011
[filed under seal];

Exhibit 26:

Email between counsel, dated March 22, 2011
[filed under seal];

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Exhibit 27:

Email between counsel, dated March 23, 2011
[filed under seal];

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Exhibit 28:

Email between counsel, dated March 25, 2011
[filed under seal];

Exhibit 29:

Email between counsel, dated March 25, 2011
[filed under seal]; and

Exhibit 30:

Email between counsel, dated March 28, 2011
[filed under seal].

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 11th day of April, 2011, at San Diego, California.
s/ Alexandra S. Bernay
ALEXANDRA S. BERNAY

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618078_1

DEC OF ALEXANDRA S. BERNAY ISO PLTFS’ OPPO TO APPLE’S OBJECTIONS TO PLTFS’
EVIDENCE FILED ISO REPLY ISO PLTFS’ RENEWED MOT FOR CC - C-05-00037-JW(HRL)

-2-

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CERTIFICATE OF SERVICE
I hereby certify that on April 11, 2011, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
4 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 April 11, 2011.
9

s/ Alexandra S. Bernay
ALEXANDRA S. BERNAY

10

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ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Telephone: [phone]
619/231-7423 (fax)

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E-mail:

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618078_1

[e-mail]

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