"The Apple iPod iTunes Anti-Trust Litigation"

Filing 688

Declaration of David Kiernan in Support of 687 Notice (Other) Apple's Administrative Motion Regarding Seven Motions Renoticed by Plaintiffs filed byApple Inc.. (Related document(s) 687 ) (Kiernan, David) (Filed on 10/14/2011)

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1 2 3 4 5 6 7 Robert A. Mittelstaedt #60359 ramittelstaedt@jonesday.com Craig E. Stewart #129530 cestewart@jonesday.com David C. Kiernan #215335 dkiernan@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendant APPLE INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION. Lead Case No. C 05-00037 JW 14 [CLASS ACTION] 15 DECLARATION OF DAVID KIERNAN IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION REGARDING SEVEN MOTIONS RENOTICED BY PLAINTIFFS 16 17 This Document Relates To: ALL ACTIONS. 18 19 20 1. I am a partner in the law firm of Jones Day, located at 555 California Street, 26th 21 Floor, San Francisco, CA 94104. I submit this declaration in support of Apple’s Administrative 22 Motion Regarding Seven Motions Renoticed By Plaintiffs (Doc. 680). The facts stated in this 23 declaration are true and based upon my own personal knowledge, and if called to testify to them, I 24 would competently do so. 25 2. In response to plaintiffs’ renoticing of motion (Doc. 680), I asked plaintiffs’ 26 counsel to stipulate to additional briefing on class certification on the ground that the briefs and 27 other pleadings are outdated in light of the court’s subsequent rulings. Specifically, I asked 28 plaintiffs’ counsel to agree either to (i) a revised motion to certify with opposition due on -1- Decl. ISO Apple’s Admin Mot. Re Seven Motions Renoticed By Plaintiffs C 05-00037 JW; C 06-04457 JW 1 November 14, plaintiffs’ reply on November 21, and a hearing on December 5 or 2 (ii) simultaneous briefs (10-15 pages in length) due on November 21 with hearing on 3 December 5. In addition, I asked plaintiffs to stipulate to an evidentiary hearing. 4 3. 5 Executed this 14th day of October, 2011 in San Francisco, California. Plaintiffs’ counsel confirmed that plaintiffs will not stipulate to any of the above. 6 7 ___/s/ David C. Kiernan________ David C. Kiernan 8 9 10 SFI-714235v1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Decl. ISO Apple’s Admin Mot. Re Seven Motions Renoticed By Plaintiffs C 05-00037 JW; C 06-04457 JW

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