"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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Robert A. Mittelstaedt #60359
[e-mail]
Craig E. Stewart #129530
[e-mail]
David C. Kiernan #215335
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

Lead Case No. C 05-00037 JW

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[CLASS ACTION]

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DECLARATION OF DAVID KIERNAN
IN SUPPORT OF APPLE’S
ADMINISTRATIVE MOTION
REGARDING SEVEN MOTIONS
RENOTICED BY PLAINTIFFS

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This Document Relates To:
ALL ACTIONS.

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1.

I am a partner in the law firm of Jones Day, located at 555 California Street, 26th

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Floor, San Francisco, CA 94104. I submit this declaration in support of Apple’s Administrative

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Motion Regarding Seven Motions Renoticed By Plaintiffs (Doc. 680). The facts stated in this

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declaration are true and based upon my own personal knowledge, and if called to testify to them, I

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would competently do so.

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2.

In response to plaintiffs’ renoticing of motion (Doc. 680), I asked plaintiffs’

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counsel to stipulate to additional briefing on class certification on the ground that the briefs and

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other pleadings are outdated in light of the court’s subsequent rulings. Specifically, I asked

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plaintiffs’ counsel to agree either to (i) a revised motion to certify with opposition due on
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Decl. ISO Apple’s Admin Mot. Re Seven Motions
Renoticed By Plaintiffs
C 05-00037 JW; C 06-04457 JW

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November 14, plaintiffs’ reply on November 21, and a hearing on December 5 or

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(ii) simultaneous briefs (10-15 pages in length) due on November 21 with hearing on

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December 5. In addition, I asked plaintiffs to stipulate to an evidentiary hearing.

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3.

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Executed this 14th day of October, 2011 in San Francisco, California.

Plaintiffs’ counsel confirmed that plaintiffs will not stipulate to any of the above.

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___/s/ David C. Kiernan________
David C. Kiernan

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SFI-714235v1

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Decl. ISO Apple’s Admin Mot. Re Seven Motions
Renoticed By Plaintiffs
C 05-00037 JW; C 06-04457 JW